1
Resolved, That to preserve the independent exercise of legislation, it is2 contrary to the spirit and genius of our institutions, to hold any member of the
Legislature responsible, except to his constituents and the people, for the support of any measure
or law, whether public or private, proposed in either branch of the General Assembly.
Resolved, That the assent or support of any law, ought not to operate to the prejudice of
any member of the Legislature, to any suit to which he is a party, in any of the courts of this State, and more especially if such law is unconstitutional.
1Ninian W. Edwards introduced the resolution in the House of Representatives on December 12, 1839. The House refused to table the first paragraph by a vote of
39 yeas to 44 nays, with Abraham Lincoln calling for the yeas and nays and voting nay. The House tabled the second paragraph.
The House amended the first paragraph by striking out the word “unconstitutional,”
and adopted the resolution as amended.
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), 27-28.
Printed Transcription, 1 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), 27