1
Whereas, the present Justices of the Supreme Court of Illinois have been in office for a longer period of time than is consistent with the spirit
and genius of our Republican Institutions; and the salutary principle of rotation
in office, is necessary for the preservation, purity and virtue, on the part of the
functionaries of our government.
And whereas, since the organization of said Court, the State has been rapidly growing in wealth, population, intelligence, and all things pertaining
to the well being and prosperity of civil society, with the exception of the intellectual
improvement of the Justices of said Court.
And whereas, a majority of said Court recently committed a palpable violation of the Constitution of the State in their decision, relating to the office of Secretary of State, and whether said
decision was the off-spring of ignorance, or the result of partizan feeling, it is
alike discreditable to the State, and unworthy of the high tribunal from which it
emanated.
And whereas, it is the opinion of this General Assembly, that a vast
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majority of the citizens of Illinois, ardently desire a change in the officers of said Court on the ground of incompetency, and inability to discharge the duties devolving on
them, and also for other and divers good and sufficient reasons.
Therefore be it resolved by the General Assembly of the State of Illinois, That the Justices of the Supreme Court be, and they are hereby addressed out of office.
1Jacob Zimmerman introduced the resolution in the House of Representatives on January 10, 1840. The House refused to table the resolution by a vote of 20 years
to 62 nays, with Abraham Lincoln voting nay. On January 15, 1841, the House referred the resolution to a select committee
of five by a vote of 41 yeas to 38 nays, with Lincoln not voting. The select committee
reported back the resolution on February with majority and minority reports, which
the House tabled.
Journal of the House of Representatives, of the Eleventh General Assembly of the State
of Illinois, at Their Called Session (Springfield, IL: William Walters, 1839), 144-45, 180-81, 322.
Printed Transcription, 2 page(s), Journal of the House of Representatives, of the Eleventh General Assembly of the State of Illinois, at Their Called Session (Springfield, IL: William Walters, 1839), 144-45