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The laws excluding Judges of the Courts and surveyors from holding seats in the Legislature, and taxing land, which had been passed by the preceding Legislature, were repealed. A contract was made with Nathaniel Pope for revising the laws. Acts were passed incorporating Shawneetown and authorizing the payment of $50 for every hostile Indian killed. An adjournment was taken December 24 to the 4th of September, 1815.
On the reassembling of this body, agreeably to adjournment, Jarvis Hazleton, of Randolph, appeared as the Representative instead of Gilbreath, and John G. Lofton, of Madison, in place of Owen Evans. Daniel P. Cook was elected Clerk. The duration of this session was thirtynine days. Thirty-eight acts were passed, one of which was to tax each billiard table $150 per annum, and another to punish counterfeiters of bank-bills by fine and whipping, and if the offender was unable to pay the fine, he was to be sold by the Sheriff at public vendue to satisfy the judgment.
THIRD TERRITORIAL LEGISLATURE-1816-17.
The third Territorial Legislature convened December 2, 1816, and was composed of the following members:
Pierre Menard was elected President of the Council, and Joseph Conway Secretary. In the House, George Fisher was elected Speaker, and Daniel P. Cook, who had become Auditor of Public Accounts, Clerk.
This Legislature was in session from December 2, 1816, to January 14, 1817, when it took a recess to December 1, following. There were twenty-eight acts passed at this session. One of the important acts was to establish a bank at Shawneetown, with a capital of $300,000. The Indiana Legislature had passed an act prohibiting nonresident lawyers from practicing in the courts of that State, and in retaliation an act was passed at this session imposing a fine of $200 upon any Indiana lawyer found practicing in the Territory, and the same act imposed a fine of $500 on any judge who, knowingly, allowed an Indiana lawyer to practice in his court.
The second session convened December 1, 1817, agreeably to adjournment. Willis Hargrave, of White, appeared as Representative instead of Nathan Davis, and M. S. Davis, of Gallatin, in place of Samuel O'Melveny. Fifty acts were passed, notably among which were acts establishing banks at Kaskaskia, Edwardsville and Cairo, and another incorporating medical societies at Kaskaskia and Carmi. An adjournment took place January 12, 1818, which terminated Territorial legislation.
Quite a number of the members of the Territorial Legislature became eminent in the councils of the State. Thomas C. Browne was twice elected to the Supreme bench, and Pierre Menard was Lieutenant-Governor under Gov. Bond. Mr. Menard was a Frenchman, and was considered an able and excellent man. The county of Menard was named in honor of him, and a kind friend, in the person of Charles P. Chouteau, of St. Louis, recently presented to Illinois $10,000 for the erection of a monument to his memory, which is to be placed in the grounds of the new State House. Ford, in his history, relates this anecdote of Menard: While presiding over the Senate, an act passed that body which proposed to make the notes of the State banks receivable at the land office. Menard, in putting the question, said: "Gentlemen of de Senate, it is
moved and seconded dat de notes of dis bank be made All in favor of dat motion say aye;
land-office money. all against it say no. It is decided in de affirmative. And now, gentlemen, I bet you one hundred dollar he never be made land-office money."
Daniel P. Cook represented the State in Congress from 1820 to 1827, and filled, with great ability, his duties as a member of the Committee of Ways and Means, and was considered by such men as Calhoun and Judge McLean as a man of remarkable talents. He was a native of Kentucky, and died at the age of thirty-two years, in October, 1827.
ADMISSION AS A STATE.
Constitutional Convention-Peculiarities of the Constitution-Boundaries of the State.
Congress passed an act April 18, 1818, enabling the people of the Territory to form a State Constitution preparatory to admission into the Union. The election for delegates was authorized to take place on the first Monday of the ensuing July, and the convention to meet on the first Monday in August, following. There were then but fourteen counties in the Territory, and the enabling act fixed the number of delegates at thirty-three. The convention assembled agreeably to law, and was composed of the following delegates:
Jesse B. Thomas, John Messinger, James Lemen, Jr., George Fisher, Elias Kent Kane, Benjamin Stephenson, Joseph Borough, Abraham Prickett, Michael Jones,
Leonard White, Adolphus F. Hubbard, Hezekiah West, Wm. McFatridge, Seth Gard, Levi Compton, Willis Hargrave, Wm. McHenry, Caldwell Carns, Enoch Moore, Samuel O'Melveny, Hamlet Ferguson, Conrad Will, James Hall, Jr., Joseph Kitchell, Edward N. Cullom, Thomas Kirkpatrick, Samuel G. Morse, William Echols, John Whiteaker, Andrew Bankson, Isham Harrison, Thomas Roberts.
The convention organized by the election of Jesse B. Thomas President, and William C. Greenup Secretary. The constitution was adopted by the convention, August 26, but was not submitted to a vote of the people, as subsequent constitutions have been. There were but eight articles. We note some of the peculiar features of the instrument: The salary of the Governor was fixed at $1,000; Secretary of State, $600; Judges of the Supreme Court, $1,000. The mode of voting was to be viva voce until the General Assembly should change it; Judges of inferior courts were to hold their offices during good behavior; Judges of the Supreme Court were to be removed from office on the request of two-thirds of the members of each house of the General Assembly; every person who had been bound to service by contract or indenture, by virtue of the laws of Illinois Territory, were held to a specific performance of their contracts or indentures, and negroes and mulattoes who had been registered in conformity with the aforesaid laws, to serve out the time appointed by said laws; and the children born to such persons after that time were to be free, the males at the age of 21 years, the females at the age of 18 years, and every child born of indentured parents was to be registered with the clerk of the county in which they resided within six months after birth.
Congress fixed the boundaries of the State as follows: "Beginning at the mouth of the Wabash river; thence up the same, and with the line of Indiana, to the northwest
corner of said State; thence east, with the line of said State, to the middle of Lake Michigan; thence north, along the middle of said lake, to north latitude 42° and 30'; thence west to the middle of the Mississippi river, and thence down along the middle of that river to its confluence with the Ohio river, and thence up the latter river, along its northwestern shore, to the place of beginning: Provided, that this State shall exercise such jurisdiction upon the Ohio river as she is now entitled, or such as may hereafter be agreed upon by this State and the State of Kentucky."
The State was admitted into the Union December 3, 1818.
The first State government began October 6, 1818, with the following officers: Shadrach Bond, of St. Clair, Governor; Pierre Menard, of Randolph, Lieutenant-Governor; Elias Kent Kane, of Randolph, Secretary of State; Elijah C. Berry, of Fayette, Auditor of Public Accounts; John Thomas, of St. Clair, Treasurer; Daniel P. Cook, of Randolph, Attorney-General.
Under the constitution of 1818, the Governor and Lieutenant-Governor were the only State officers who were elected directly by the people. The others were chosen from time to time by the General Assembly.
Gov. Bond assumed the duties of his office October 6. One of his first recommendations to the General Assembly was for the construction of a canal connecting Lake Michigan with the Mississippi river.
The first General Assembly convened October 5, 1818, and adjourned October 13, and convened again January