Papers Of Abraham Lincoln

1
Whereas, the present session of the General Assembly has been convened by the Governor, in obedience to calls made upon him by the peo-

<Page 2>
ple, for the purpose of re-considering the action had, during the last regular session upon the subject of Internal Improvements.

And whereas, the people have not expressed any desire for the Convention of this General Assembly, for any other purpose than that of acting upon the subject afo[r]esaid.

And whereas, it is known that the finances of the State are not in a condition to justify any expenditure of public money, except for useful and necessary purposes.

Wherefore, be it resolved by the House of Representatives, That the action of this General Assembly should be confined to the purposes for which it was convened, and such other business as imperatively call for legislative action.

Resolved, That the committee on Internal Improvements be instructed to report a bill, with as little delay as possible, containing such provisions as are necessary and proper to effect the following objects.

First. To abolish the Board of Public Works as now organized.

Second. To suspend all action and operation in the construction of railroads.

Third. To provide for a settlement of the accounts of the late and present Commissioners of the Board of Public Works, and for the prosecution of suits for balances, if any there be in their or either of their hands.

Fourth. To provide for a settlement of accounts with all contractors and the payment of balances due them.

Fifth. To provide for discharging all Engineers and Agents of the State, whose services are not absolutely necessary to the public interests, in making settlements with contractors, and preserving the public property.

Sixth. To organize a Board of Public Works, to consist of three members only to be appointed by the Governor, by and with the advice and consent of the Senate.

Seventh. To authorize the Board thus organized, to perform the following duties without delay.

1. To settle the accounts of the present and late Commissioners.

2. To settle the accounts of the Fund Commissioners.

3. To execute such other duties as may be required in the preservation of all the unfinished works, and public property.

Eighth. To provide for the preservation of all the public property purchased or procured for the purposes of executing the laws in relation to the system of Internal Improvements.

Ninth. To provide for paying contractors for work done according to contract price, upon condition, that the State is released from all claims to damages by reason of such contractors being checked in their operations, and prevented from fulfilling their contracts.

Tenth. To provide for such of the railroads or other improvements as have been completed.

Eleventh. To limit the powers of the Board of Public Works to be organized, in the appointment of Engineers and Agents, so as to require one Chief Engineer, with such assistants as may be indispensible to the execution of duties required.

Twelfth. To require all work upon the rivers to be suspended, excepting on the Great Wabash, Illinois and Rock rivers, and so far as com-

<Page 3>
pletion of any contract on any other river, may be absolutely necessary to preserve what has been done.

Thirteenth. To require the discharge from service of all Engineers and Agents, so soon as settlements have been made with contractors, and the public property placed in a safe condition.

Fourteenth. To provide against paying money upon contracts or stipulations in contracts not authorized by law.

Resolved further, That the committee on Finance, be instructed to report a bill abolishing the Board of Fund Commissioners, and providing that the duties of said Board in relation to paying interest on money borrowed, be performed by the Governor, or the Board of Public Works.

2. That all sales of State Bonds made by said Commissioners for less than their par value of such bonds, shall be considered as void.

3. That no State Bonds shall be sold until authorized by law.

4. Vacating and annulling all and every agency created or appointed by the Fund Commissioners for the sale of State Bonds.

5. Requiring all bonds which have been executed and not sold, to be delivered up to the Governor, to be by him deposited in some safe place, subject to the future laws of the State.

Be it further resolved, That the committee on the Judiciary be instructed to report a bill with proper provisions to effect the following objects:

First. To give the Circuit Court of Sangamon County, jurisdiction of all actions and causes of action, which have or may arise in favor of the State against State officers, agents, and all others against whom such causes of action have or may arise.

Second. To authorize the Governor to employ and pay counsel for advice, and for prosecuting suits in behalf of the State, in all cases where he may deem the employment of such counsel necessary to the protection of the rights of the State.

Third. To give the Circuit Court of Sangamon county, jurisdiction over all cases of fraud or mal-conduct on the part of public officers and agents of the State, who are, or may be liable to indictment for such fraud or improper conduct.

Fourth. Declaring void all contracts made by the agents of the State, in executing the law, in relation to the system of Internal Improvements, when the agent exceeded his authority, and providing for the recovery of all money unlawfully paid out by any such agent.

1John Henry introduced the resolution in the House of Representatives on December 17, 1839, and the House referred it to the Committee of the Whole. On January 4, 1840, the Committee of the Whole reported back the resolution. The House rejected an amendment to the resolution by a vote of 28 yeas to 49 nays, with Abraham Lincoln voting yea. The House adopted the second clause by a vote of 41 yeas to 37 nays, with Lincoln voting nay. The House refused to vote on the second clause of twelfth section on river improvements before considering the resolution as a whole by a vote of 37 yeas to 40 nays, with Lincoln voting nay. The House adopted the first clause of the twelfth section by a vote of 46 yeas to 37 nays, with Lincoln voting nay. The House then adopted the balance of the resolution by a vote of 44 yeas to 31 nays, with Lincoln voting not voting.
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), 46-48, 94, 106, 112, 117, 126, 127-30.