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cial department of the government, and that the Legislature cannot constitutionally act in relation to them.

The petition of James M. and Polly Miller states, that the land mentioned therein was willed to Polly Miller, and her heirs, and pray for the passage of an act to authorize its sale. The said will is not before your committee; they are not apprised of its contents, and for aught they know its provisions might be changed or contravened by the passage of a law conformable to the prayer of the petition. Your committee therefore, return both of said petitions, and ask to be discharged from the further consideration thereof.

They also report back both of the bills above mentioned without amendment, and recommend their rejection; and thereupon

Ordered, That the committce be discharged from the consideration of said petitions.

The question was then put upon concurring with the com mittee in the rejection of the passage of said bills, and decided in the affirmative.

Ordered, That the Secretary inform the House of Representatives thereof.

Mr. Ross submitted the following resolution viz:

Resolved by the Senate, (the House of Representatives concurring herein) That a joint select committee of two on the part of the Senate, and three on the part of the House of Representatives, be appointed, whose duty it shall be, to examine into the condition and financial concerns of the State Bank of Illinois, and whether the Bank has violated its charter, by refusing to redeem its notes in specie, when lawfully required so to do, or whether it has been guilty of any practices contrary to the spirit and letter of its charter, with a view of ascertaining whether said Bank would be a safe and proper depository for the public moneys of this State; and further, to ascertain the practicability and expediency of the State's subscribing the $100,000 of stock reserved to the State in the charter. The committee are authorised, should they deem it necessary, to go to said Bank at Springfield, and after having made a full and complete examination in the premises, they shall forthwith make a report of all the facts in relation to the subject referred, together with their opinions of the expediency of the States subscribing for said stock, and of making said Bank a depository of the public money of the State: and for the purpose of perfecting the examination, the said com

mittee may examine witnesses under oath, touching the subject matter referred to in this resolution.

Which lies one day on the table.

Mr. Gatewood moved the adoption of the following resolutions, viz:

Resolved, That the committee on Finance be instructed to report a bill providing for the safe keeping of the public moneys belonging to the State of Illinois, of whatsoever nature. or description, and that said committee also fix the amount of the Treasurer's bond, according as the new duties imposed, and the increase of the public revenue augment his liabilitics.

Resolved, That it is inexpedient to establish a Bank upon the funds of the State, derivable either from canal lands, or the school fund, or the distributive share of the State of the surplus revenue of the United States, to be exclusively under the control of the officers appointed by the State.

1. Because the public money would be wasted by men who, appointed by the State, have no inducement to abstain from making loans of a character that could not be collected.

2. Because we have sufficient proof of the correctness of the foregoing proposition, by recurring to the history of the State Bank of Illinois, established in 1821, and which is the fruitful source of all our present financial embarrassments.

3. Because an institution thus formed would be, most of alk others, likely to degenerate in all its departments, into a mere political machine, in the hands of whatever party might be uppermost, or form a party of itself destructive of every other. in its way.

4. Because the profits derivable to the State from such an institution, would be not only incompatible with the dignity of the State, but would scarcely be sufficient to defray the expenses of such an institution.

5. Because whatever funds the State might have at its dis posal, or could acquire, could be appropriated to works of Internal Improvement and to education, with infinitely more advantage, both political, moral and pecuniary.

Which lie one day on the table.

Mr. Weatherford, on leave given, introduced a bill entitled, "An act to amend an act regulating the salaries, fees, and compensation of the several officers and persons therein mentioned, approved February 19th, 1827.'"

Which was read, and

Ordered to a second reading.

Mr. Pruyne, from the select committee to which had been referred the petition of Lyman Wooster, and others, Reported a bill, entitled,

"An act to authorise Lyman Wooster and Asher Holmes, to build a mill dam across the Kankakee river."

Which was read, and

Ordered to a second reading.

Mr. Allen of McLean, introduced the petition of sundry citizens of McLean and Champaign counties, praying the location of a State road,

Which was,

On his motion,

Referred to a select committee.

Ordered, That Messrs. Allen of McLean, Vance, and Parker, be that committee.

Mr. Riley moved the adoption of the following resolution, viz:

Resolved by the Senate, (the House of Representatives concurring herein,) That no new business will be received afterthe 8th of February next.

That both Houses of this General Assembly adjourn sine die on the 26th February, 1837; in the adoption of which they ask the concurrence of the House of Representatives. Which lies one day on the table.

Mr. Thomas, on leave given, introduced a bill, entitled "An act to establish free schools throughout the State." Which was read, and

Ordered to a second reading.

On motion of Mr. Edwards,

The rule of the Senate was dispensed with, and the bill was read a second time by its title, and

On motion of Mr. Gatewood,

Ordered to lie on the table, and that 200 copies thereof be. printed.

Mr. Maxwell, from the select committee to which had been referred the bill with the amendment, entitled,

"An act prescribing the mode of summoning Grand and Petit Jurors, and defining their qualifications and duties," approved February 13th, 1835,

Reported the same back without amendment, whereupon, On motion of Mr. Murray,

They were laid on the table.

A message from the Governor by Mr. Field, Secretary of State.

MR. SPEAKER-I am directed to lay before the Senate a communication from the Governor.

And he withdrew.

Whereupon MR. SPEAKER laid before the Senate the following communication with the accompanying documents, therein referred to, viz:

To the Honorable,

EXECUTIVE DEPARTMENT,
Vandalia, January 18th, 1837.

the SPEAKER of the Senate:

}

SIR: In compliance with a resolution of the Senate of the 17th December, requesting this Department to open a correspondence with the different Banks in this State, in relation to the terms on which they will receive from the State the deposite of the Surplus revenue, I have the honor herewith to state, that I have complied with the request of the Senate, by addressing communications to the Presidents of the State Bank of Illinois, and the Bank of Illinois. The answer of the President of the State Bank was transmitted to the Scnate some weeks since, and I herewith enclose to you a communication of the agents of the Bank of Illinois, containing the terms upon which that institutution will receive the deposites from the State.

I have the honor to be, sir &c.

Which was read, and

On motion of Mr. Gatewood,

JOSEPH DUNCAN.

Referred together with the accompanying documents to the committee on Finance.

On motion of Mr. Gatewood,

The Senate adjourned until 2 o'clock, P. M:

2 O'CLOCK, P. M.

The Senate met pursuant to adjournment.

On motion of Mr. Herndon,

The bill entitled

"An act for the safe keeping of runaway slaves and servants" heretofore laid on the table, was taken up and amended by adding three following sections, viz:

"Sec. 8. That nothing herein shall be so construed as to au thorise the said Warden to retain such negroes and mulattoes; any longer than they shall produce their free papers, such as are required by the laws of the State.

"Sec. 9. After said negroes or mulattoes may be set at liberty, they shall have thirty days to enter into bond for their good behaviour, in conformity with the laws of this State, and should they fail to do so, such negro or mulatto shall be subject to be re-taken up again, and shall be treated as though they had no evidence of their freedom.

"Sec. 10. That before the Warden shall set at liberty such negro or mulatto, he shall indorse upon the face of such negro's or mulatto's free papers the conditions upon which they are set at liberty."

Mr. Borough moved to indfienitely postpone the further consideration of the aforesaid bill,

Which was decided in the negative, by Ayes and Noes, as follows, viz:

Those voting in the affirmative, are

Messrs. Allen of Greene, Borough, Fletcher, Noel, Parker and Weatherford-f.

Those voting in the negative, are

Messrs. Allen of McLean, Browning, Butler, Craig, Edwards, Gatewood, Hackelton, Hacker, Hamlin, Herndon, Lane, Maxwell, McLaughlin, Mitchell, Murray, O'Rear, Owen, Parish, Pruyne, Reiley, Ross, Servant, Stadden, Thomas, Turney, Vance, Warren, Whiteside of Monroe, Whiteside of Pope, Wight, Wood and Mr. Speaker.-32.

On motion of Mr. Hacker,

The said bill was further amended by adding the following

VIZ:

"Provided, It shall be the duty of the Warden of the Penitentiary to keep said negroes and mulattoes separate from the convicts, except when at labour."

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