Letter, John Taylor and Others to Thomas Ford, between 12 May and 1 June 1843, Draft

  • Source Note

Document Transcript

The undersigned a committee of the City Council of of appointed to address your be on the subject of the subject of the Commissions for <​the Mayor &​> Alderman of said by leave to state
On a careful & attentive perusal of the act of incorporation for said we are of the opinion your <​​> excellency <​honor​> will clearly perceive that the inhabitants of said are invested with plenary powers to govern themselves by their representatives in Council assembled, and to make ordain & establish such laws which <​as​> they may deem requisite for the peace <​benefit​> welfare & happiness convenience of the inhabitants of said not inconsistent with the laws of this <​or​> of the <​Sec 11—​> the question might have mooted in the first instance By reference to Sections 4. 9 & 10 your excellency honor and from the whole tenor and general spirit of the instrument your <​​> honor we think cannot fail to conclude that it formed no part of the design of the grantors to impose a single onerous or irksome obligation upon the inhabitants of said and that it could never have been designed by the General Assembly who granted the Charter that the bonds of the Mayor & Aldermen required by the 16th Section of that instrument should be filed with <​of​> the office of the Clerk of the County Commissioners Court is we think abundantly manifest by the provision by a recorder the prescription of his duties and the express provission of the 10th. Section that all <​the​> bonds of <​all​> officers created by this act shall be exacted by the City Council as they may deem expedient The mayor & aldermen acting under the [p. [1]] laws of the state are by the 16th. Section required to give the same bonds to the as are by law enjoined but it by no means follows <​we humbly concieve​> that those bonds should be lodged with the County Officers indeed we would repeat that <​it​> appears in our estimation such was not the design of the legislature nor is it fairly deduceable from the clause in the 16th. Section to which <​the Secretary of State​> your honor has referred but that the rule in all such cases is to take into consideration the general scope & design of the instrument. We would moreover state that the view we have taken of the matter was that which was universally prevailed so far as we know was never questioned until <​the Sec.y. of State has​> your honor raised the objection.
We would If your <​​> honor should persist in refusing to act on the precedent of your predecessor which on a careful reconsideration of the matter we cannot believe you will <​◊◊◊◊ place​> the citizens of this inhabitants of will be thereby placed in a very embarrassing & vexatious position such an one as the executive officers of this <​​> would not be so suicidal as to inflict upon one of the most flourishing & rapidly increasing cities in the embracing a population of 15 thousand and one which is at least adding as much to the strength and resources of the as any other. The Clerk of the County Commissioners <​Court​> has already refused to on the first to recieve the bonds at his office as being out of his jurisdiction deciding that the proper place to file them was at the recorders office of the City of and <​the Secretary of State​> your honor has refused to forward the Commissions because the bonds were not filed there
Will your your honor <​​> take this matter into serious consideration & act as to you shall seem just and equitable on the premises Respectfully Yours,
Comittee
<​City of June 6th. 1843.—​>
<​ Governor of Ills.​>
<​​> [p. [2]]

Footnotes

  1. new scribe logo

    Insertion in handwriting of James Sloan.  

  2. new scribe logo

    Insertion in handwriting of James Sloan.  

  3. new scribe logo

    Insertion in handwriting of James Sloan.  

  4. new scribe logo

    Insertion in handwriting of James Sloan.  

  5. new scribe logo

    Insertion in handwriting of James Sloan.  

  6. new scribe logo

    Insertion in handwriting of James Sloan.  

  7. new scribe logo

    Insertion in handwriting of James Sloan.  

  8. new scribe logo

    James Sloan inserted the following text presumably on 6 June 1843 when the actual letter was sent.