eONSTlTUTION OF TH£. STATE OF ILLINOIS. November 16, 1818, Read and ordered to lie upon the table. FrirLted by order of the House of Reprcsentatwes, WASHINGTON CITY; PRINTED BY E. DE KRAFFT. 1818. Digitized by tine Internet Archive in 2011 with funding from CARLI: Consortium of Academic and Research Libraries in Illinois http://www.archive.org/details/constitutionofstOOinilli 'J%e ConHitution of the State of Illinois, adopted in Convention at Kaskaskia, on the twenty-sixth day of August ^ in the year of our Lord one thousand eight hundred and eighteen^ and of the Inde- pendence of the United States, the forty -third. The pe®ple of the Illinois territory, having the right of admrs- ■sion into the general government as a member of the Union, consis- tent with the constitution of the United States, the ordinance of Con. gress of 1787, and the law of Congress "approved April 18th, 1818," entitled ' An act to enable the people of the Illinois territory to form a constitution and state governinent. and for the admission of such state into the Union on an equal footing with the original states, and for other purposes;" in order to establish justice, promote the wel- fare and secure the blessings of liberty to themselves and their pos- terity, do by their representatives in convention ordain and establish the following constitution or form of government; and do mutually agree with each other to form themselves into a free and independent state by the name of the state of Illinois. And ihey dc hertby rati- •fy the boundaries assigned to such state by the act of Congress afore- said, which are as follows, to wit: Beginning at the mouth of the Wa^- b: ah river, thence up the same, and with the line of Indiana to the northwest corner of said state; thence east with the line of the same state, to the middle of lake Michigan; thence north along the middle of said lake, to north latitude forty -two degrees and thirty minutes; thence west to the middle of the Mississippi river; and thence down along the middle of that river to its confluence wiih the Ohio river; and thence up the latter riv&r along its northwestern shore to the beginning. ARTICLE I. Concerning the distribution. of the powers of Government. Sect. 1. The powers of the government of the state of Illinois, shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit: Those which are legi-lative to one; those which are executive to another; and those which are judiciary, to another. Sect. 2. No person or collection of persons, being one of those departments, shall exercise anv power prop-, rlv belo. ging to either of the others, except as hereinatter expressly directed or permitted. 6 [Ij ARTICLE II. Sect. 1. The legislative authority of this state, shall be vested in a general assembly, which shall consist of a Senate and iiouse of Representatives, both to be elected by the people. Sect. 2. The first election for senators and representatives, shall commence on the third Thursday of September next, and con- tinue for thai and the two succeeding days; and the next election shall be held on the first Monday in August, one thousand eight hun- dred and twenty; and forever after, elections shall be held once in two years, on the first Monday of August, in each and every county, at such places therein as may be provided by law. Sect 3. No person shall be a representative who shall not have attained the age of twenty -one years, who shall not be a citizen of the United States, and an inhabitant of this state: who shall not have resided within ihe limits of the county or district in which he shall be chosen, twelve months next preceding his election, if such county or district shall have been so long erected; but if not; then within the limits of the county or counties, district or districts out of which the same shall have been taken, unless he shall have been absenton the public business of the United States or of this state; and who moreover shall not have paid a state or county tax. Sect. 4 The senators at their first session herein provided for, shall be divided by lot from their respective counties or districts, as near as can be, into two classes. The seats of the setiators of the first class shall be vacated at the expiration of the second year; and those of the second class at the expiration of the fourth year, so that one-half thereof, as near as possible, may be biennially chosen forever thereafter. Sect. 5. The number of senators and representatives, shall, at the first session of the general assembly, holden after the returns herein provided for are made, be fixed by the general assembly, and apportioned among the several counties or districts to be established by law, according to the number of white inhabitants. The number of representatives shall not be less than twent)^-seven, nor more than thirty-six, until the number of inhabitants within this state shall amount to one hundred thousand; and the number of senators shall never be less than one-third nor more than one-half of the number of representatives. Sect. 6. No person shall be a senator who has not arrived at the age of twenty-five years, who shall not be a citizen of the United States, and who shall not have resided one year in the county or dis- trict in which he shall be chosen immediately preceding his election, if such county or district shall have been so long erected; but if not, then within the limits of the countv or counties, district or districts, out of which the same shall have been taken; unless he shall have  KaskaskiGf September 11, 1818. SIR, Pursuant to a resolution of the Convention, I herewith transmit to you a copy of the Constitu- tion of the State of Illinois. I have the honor to be, Very respectfully, Your obedient servant, WM. C. GREENUP, Secretary to the Convention^ Henry Clay, Speaker of the House of Representatives of the United States, s [Ij ARTICLE 11. Sect. 1. The legislative authority of this state, shall be vested in a general assembly, which shall consist of a Senate and iiouse of Representatives, both to be elected by the people. Sect. 3. The first election for senators and representatives, shall commence on the third Thursday of September next, and con- tinue for thai and the two succeeding days; and the next election shall be held on the first Monday in August, one thousand eight hun- dred and twenty; and forever after, elections shall be held once in two years, on the first Monday of August, in each and every county, at such places therein as may be provided by law. Sect 3. No person shall be a representative who shall not have attained the age of twenty-one years, who shall not be a citizen of the United States, and an inhabitant of this state: who shall not have resided within the limits of the county or district in which he shall be chosen, twelve months next preceding his election, if such county or district shall have been so long erected; but if not; then within the limits of the county or counties, district or districts out of which the same shall have been taken, unless he shall have been absenton the public business of the United States or of this state; and who moreover shall not have paid a state or county tax. Sect. 4 The senators at their first session herein provided for, shall be divided by lot from their respective counties or districts, as near as can be, into two classes. The seats of the senators of the first class shall be vacated at the expiration of the second year; and those of the second class at the expiration of the fourth year, so that one-half thereof, as near as possible, may be biennially chosen forever thereafter. Sect. 5. The number of senators and representatives, shall, at the first session of the general assembly, holden after the returns herein provided for are made, be fixed by the general assembly, and apportioned among the several counties or districts to be established by law, according to the number of white inhabitants. The number of representatives shall not be less than twenty-seven, nor more than thirty-six, until the number of inhabitants within this state shall amount to one hundred thousand; and the number of senators shall never be less than one-third nor more than one-half of the number of representatives. Sect. 6. No person shall be a senator who has not arrived at the age of twenty-five years, who shall not be a citizen of the United States, and who shall not have resided one 5'ear in the county or dis- trict in which he shall be chosen immediately preceding his election, if such county or district shall have been so long erected; but if not, then within the limits of the countv or counties, district or districts, out of which the same shall have been taken; unless he shall have  7 been absent on the public business of the United States, or of this state, and shall not moreover have paid a state or county tax. Sect. 7. The senate and house of representatives, when assem« bled, shall each choose a speaker and other officers, (the speaker of the senate excepted:) each house shall judge of the qualifications and elections of its members, and sit upon Its own adjournments. Two- thirds of each house shall constitute a quorum, but a smaller number may adjourn from day to day, and compel the attendance of absent mtmbers. Sect. 8. Each house shall keep a journal of its proceedings and publish them: the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals. Sect. 9. Any two members of either house, shall have liberty to dissent and protest against any act or resolution which they may think injurious to the public or to any individual, and have the reasons of their dissent entered on the journals. Sect. 10. Each house may determine the rules of its proceed- ings, punish its members for disorderly behaviour; and with the con- currence of two-thirds, expel a member, but not a second time for the same cause. Sect. 11. When vacancies happen in either house, the governor or the person exercising ihe powers of governor, shall issue writs of election to fill such vacancies. Sect. 1^. Senators and representatives shall, in all cases except treason, felony or breach of the peace, be privileged from arrest, during the session of the general assembly, and in going to and re- turning from the same, and for any speech or debate in either house, they shall not be questioned in any other place. Sect. 13. Each house may punish, by imprisonment during its sessit n, any person not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behaviour, in their presence; provided such imprisonment shall not at any one time ex- ceed twenty foui hours. Sect. 14. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as in the opinion of the house require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting. Sect. 15. Bills may originate in either house, but may be alter- ed, amended, or rejected by the other. Sect. 16. Every bill shall be read on three different days in each house, unless, in case of urgency, three fourths of the house where such bill is so depending shall deem it expedient to dispense with this rule; and every bill having passed both houses shall be signed by the speakers of their respective houses. 8; [I] Sect^l7. The style of the laws of this state shall be, ^^Be it enacted by the people of the state of Illinois ^ represented in the general asiembly." Sect. 18. The general assembly of this state shall not allow the following officers of government greater or smaller annual salaries than as follows, until the year one thousand eight hundred and twenty-four; Th^ governor one thousand dollars; and the secretary of state, six hundred dollars. Sect. 19. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office un- der this state, which shall have been created, or the emoluments of which shall have been increased, during such time. Sect. 20. No money shall be drawn trom the treasury but in con«- sequence of appropriations made by law. Sect. 21. An accurate statement of the receipts and expenditures of the public money, shall be attached to and puhlished with the laws at the rising of each session of the general assembly. Sect. 22. The house of representatives shall have the sole pow- er of impeaching, but a majority of all the members present must con- cur in animpeachment; all impeachments shall be tried by the senate; and when silting ior the purpose, the senators shall be upon oath or affirmation to do justice according to law ar.d evidence. No person- shall be convicted without the concurrence of two-thirds of all the senators present. Sect. 23. The governor and all other civil officers imder this state shall be liable to impeachment for an-, misdemeanor in office: but judgment in such cases shall not extend further than to remnal from oihce and disqualification to hold any office of honor, profit, or trust, under this stale. The partN', whether convicted or acquiaed, shall nevertheless be liable ta indictment, trial, judgment and pun- ishment., according to law. Sect. 24. The first session of the general assembly shall com- mente on the first Monday of October next, and forever after, the general assemblv shall meet on thr. first Monday in December next, ensuing the election of the mernbers thereof, and at no other period,, unless as provided bj'^ this conHtitution. Sect. 25. No judge of any court of law or equity, secretary of state, attorney general, attorney for the state, register, clerk of any court of record) sheriff or collector, member of euher house of Con- gresf., or person holding any lucrative office under the United Spates- or tliis state, (provided that appointments m the militia, postmasters or justices of the peace shall not be considered lucrative offices,") shalii have a seat in the general assembly: nor shall ar:y person holding an- office of honor or profit under the goverranent of the United States^,, hold any oiliceof honor or piofit under theauihorii.y oi this state.  d Sect. 26. Every person who shall be chosen or appointed to any office of trust or profit shall, before entering upon the duties thereof, take an oath to supp >rt the constitution of the United States, and of this state, and also an oath of office. Sect. 27. In all elections, all white male inhabitants above the age of twenty-one years, having resided in the state six months next pre- ceding the election, shall enjoy the right of an elector: but no per- son shall be entitled to vote except in the county or district in which he shall actually reside at the time o^ the election. Sect. 28. AH votes shall be given, viva voce, until altered by the general assembly. Sect. 29. Electors shall in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections and in going to and returning from the same. Sect. 30. The general assembly shall have full power to exclude from the privilege of electing or being elected any person convicted of bribery, perjury, or any other infamous crime. Sect. 31, In the year one thousand eight hundred and twenty, and every fifth year thereafter, an enumeration of all the white inha- bitants of the state shall be made, in such manner as shall be directed by law. Sect. 32. All bills for raising a revenue shall originate in the house of representatives, subject however to amendment or rejes>- tion as in other cases. ARTICLE III. Sect. 1. The executive power of this state shall be vested in a governor. Sect. 2. The first election of governor shall commence on the third Thursday of September next, and continue for that and the two succeeding days; and the next election shall be held on the first Monday of August, in the year of our Lord one thousand eight hun- d.-ed and twenty-two. And forever after, elections for governor shall be held once in four years, on the first Monday of August. The governor shall be chosen by the electors of the members of the gene- ral assembly, at the same places and in the same manner that they shall respectively vote for members thereof. The returns for every election of governor shall be sealed up and transmitted to the seat of government, by the returning officers, directed to the speaker of the house of representatives, who shall open and publish them in the presence of a majority of the members of each house of the general assembly. The person having the highest number of votes shall be governor; but if two or more be equal and highest in votes, then one of them shall be chosen governor by joint ballot of both houses of 3 io  the general assembly. Contested elections shall be determined by both houses of the general assembly in such manner as shall be pre- scribed by law. Sect. 3. The first governor shall hold his office until the first Mon- day of December, in the year of our Lord one thousand eight hun- dred and twenty two and until another governor shall be elected and qualified to office: and forever after the governor shall hold his of- fice for the term of four years, and until another governor shall be elected and qualified; but he shall not be eligible for more than four years in any term of eight years. He shall be at least thirty j'ears of age and have been a citizen of the United States thirty years; two years of which next preceding his election he shall have resided with- in the limits of this state. Sect. 4. He shall from time to time give the general assembly information of the state of the goverment, and recf)mmend to their consideration such measures as he shall deem expedient. Sect. 5. He shall have power to grant reprieves and pardons after conviction, except in cases of impeachment. Sect. 6. The governor shall, at stated times, receive a salary for his services, which shall neither be increased nor diminished during the term for which he shall have been elected. Sect. 7. He may require information in writing from the offi- cers in the executive department upon any subject relating to the du- ties of their respective offices, and shall take care that the laws be faithfully executed. Sect. 8. When any officer, the right of whose appointment is by this constitution vested in the general assembly, or in the governor and senate, shall, during the recess, die, or his office by any means become vacant, the governor shall have power to fill such vacancy, by granting a commission which shall expire at the end of the next session of the general assembly. Sect. 9. He may on extraordinary occasions convene the gen- eral assembly by proclamation, and shall state to them when assem- bled the purpose for which they shall have been convened. Sect. 10 He shall be commander in chief of ilie army and navy lof this state and of the militia, except when they shall be called into the service of the United States. Sect. 11. There shall be elected in each and every county in the said state, by those who are qualified to vote for members of the gen- eral assembly, and at the same times and places where the election ,for such members shall be held, one sheriff and one coroner, whose election shall be subject to such rules and regulations as shall be pre- scribed by law. The said sheriffs and coroners respectively, when elected, shall continue in office two years, be subject to removal an4 Di XI disqualification, and such other rules and regulations as may be from from time to time prescribed by law. Sect. 12. In case of disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the general assembly to such a time as he thinks proper, provided it be not to a period.beyond the next constitutional meeting of the same. Sect. IS. A lieutenant governor shall be chosen at every elec- tion for governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor, and lieutenant governor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant governor. • Sect- li. He shall, by virtue of his office, be speaker of the se- nate, have a right when in committee of the whole to debate, and vote on all subjects, and whenever the senate are equally divided, to give the casting vote. Sect. 15, Whenever the government shall be administered by the lieutenant governor, or he shall be unable to attend as speaker of the senate, the senators shall elect one of their own members as speaker for that occasion; and if, during the vacancy of the office of governor,the lieutenant-governor shall be impeached, removed from office, refuse to qualify, or resign, or die, or be absent from the state, the speaker of the senate shall in like manner administer the govern-^ ment. Sect- 16. The lieutenant governor, while he acts as speaker of the senate, shall receive for his services the same compensation, which shall for the same period be allowed to the speaker of the house of representatives, and no more; and during the time he ad- ministers the government as governor, he shall receive the same compensation which the governor would have received had he been employed in the duties of his office. Sect. 17. If the lieutenant governor shall be called upon to ad- minister the government, and shall, while in such administration re- sign, die or be absent from the state during the recess of the general assembly, it shall be the duty of the secretary for the time being, to convene the senate for the purpose of choosing a speaker. Sect. 18. In case of an impeachment of the governor, his re- moval from office, death, refusal to qualify, resignation or absence from the state, the lieutenant govern'ir shall exercise all the power and authority appertaining to the office of governor, until the time pointed out by this constitution for the election of governor shall ar- rive, unless the general assembly shall provide by law for the election of a governor to fill such vacancy. Sect. 19. The governor for the time being,and the judges of the supreme court, or a major part of them, together with the governor, shall be and are hereby constituted a council to revise all bills about 12  to be passed into laws by the general assenrjbly; and for that purpose shall assemble themselves from time to time when the general a'^sem- bly shall be convened; for which nevertheless they shall not receive any salary or consideration under any pretence whatever; and all bills which have passed the senate and house of representatives shall, be- fore they become laws, be presented to the said council for their re- visal and consideration; and if,upon such revisal and consideration,it should appear improper to the said council or a majority of them, that the bill should become a law of this state, they shall return the same, together with their objections thereto in writing to the senate Or house of representatives (in whichsoever the fame shall have ori- ginated) who shall enter the objections set down by the council at large in their minutes, and proceed to reconsider the said bill But if after such reconsideration the said senate or house of representatives shall, notwithstanding the said objections, agree to pass the same by a majority of the whole number of members elected, it shall, together with the said objections, be sent to the other branch of the general assembly where it shall also be reconsidered; and if approved by a majority of all the members elected, it shall become a law If any bill shall not be returned within ten days after it shall have been pre- sented, the same shall be a law; unless the general assembly shall, by their adjournment,render a return of the said bill in ten days imprac- ticable; in which case the said bill shall be returned on the first day of the meeting of the general assembly after the expiration of the said ten days, or be a law. Sect. 20. The governor shall nominate, and by and with the ad- vice and consent of the senate, appoint a secretary of state, who shall keep a fair register of the official acts of the governor, and when re- quired shall lay the same and all papers, minutes, and vouchers rela- tive thereto, before either branch of the general assembly, and shall perform such other duties as shall be assigned him by law. Sect. 21. The state treasurer and public printer or printers for the state, shall be appointed biennially by the joint vote of both branches of the general assembly: Provided, that during the recess of the same, the governor shall have power to fill such vacancies as may happen in either of said offices. Sect. 22. The governor shall nominate, and by and with the ad- vice and consent of the senate, appoint all officers whose offices are established by this constitution, or shall be established by law, and whose appointments are not herein otherwise provided for: Provided however,that inspectors, collectors and their deputies, surveyors of the highways, constables, jailors, and such inferior officers whose juris- diction may be confined within the limits of the county, shall be ap- pointed in such manner as the general assembly shall prescribe. [i: IS ARTICLE IV. Sect. 1. The judicial power of this state shall be vested in one supreme court and such inferior courts as the general assembly shall, from time to time, ordain and establish Sect. 2. The supreme court shall be h olden at the seat of gov- ernment and shall have an appellate jurisdiction only, except in cases relating to the revenue, in cases of mandamus, and in such cases of impeachment as may be required to be tried before it. Sect. 3. The supreme court shall consist of a chief justice and three associates, any two of whom shall form a quorum. The num- ber of justices may however be increased by the general assembly af- ter the year one thousand eight hundred and twenty-four. Sect. 4. The justices of the supreme court and the judges of the inferior courts shall be appointed by joint ballot of both branches of the general assembly, and commissioned by the governor, and shall hoid their offices during good behaviour until the end of the first session of the general assembly, which shall be begun and held after the first day of January, in the year of our Lord one thousand eight hundred and twenty-tour, at which time their commissions shall expire; and until the expiration of which time, the said jus- tices respectively shall hold circuit courts in the several counties, in such manner and at such times, and shall have and exercise such ju- risdiction as the general assembly shall by law prescribe. But ever after the aforesaid period, the justices of the supreme court shall be fcommissioned during good behaviour, and the justices thereof shall not hold circuit courts unless required by law. Sect. 5. The judges of the inferior courts shall hold their offi- ces during good behaviour, but for any reasonable cause which shall not be sufficient ground for impeachment, both the judges of the su- preme and inferior courts shall be removed from office on the ad- dress of two-thirds of each branch of the general assembly: Provi- ded always, that no member of either house of the general assembly, nor any person connected with a member by consanguinity or affinity, shall be appointed to fill the vacancy occasioned by such removal — The said justices of the supreme court, during their temporary ap- pointments, shall receive an annual salary of one thousand dollars, payable quarter yearly out of the public treasury. The judges of the inferior courts, and the justices of the supreme court who may be appointed after the end of the first session of the general assembly whice shall be begun and held after the first day of January, in the year of our Lord one thousand eight hundred and twenty -four, shall have adequate and competent salaries, which shall not be diminished during their continuance in office. U  Sect. S. The supreme court, or a majority of the justices there- of, the circuit courts or the justices thereof, shall respectively ap- point their own clerks. Sect. 7. All process, writs,and other proceeding,shall run in the name of '•'•the people of the state of Illinois,'''' All prosecutions shall be carried on "/« the name and by th<- authority of the people of the state cf lilinois,^^ and conclude "against the peace and dignity of tht same" Sect 8. A competent number of justices of the peace shall be appointed in each county in such manner as the general assembly may direct, whose time of service, power,and duties, shall be regulat- ed and defined by law. And justices of the peace when so appoint- ed shall be commissioned by the governor. ARTICLE V. Sect. 1. The militia of the state of Illinois shall consist of all free male able bodied persons, negroes, mulattoes and Indians ex- cepted, resident in the state, between the ages of eighteen and forty- five years, except such persons as now are or hereafter may be ex- empted by the laws of the United States, or of this state, and shall be armed,eqaipped and trained as the general assembly may provide by law. Sect. 2. No person or persons conscientiously scrupulous of bearing arms shall be compelled to do militia duty in time of peace, provided such person or persons shall pay an equivalent for such ex- emption. Sect. 3. Company, battalion and regimental officers, staff ofE- cers excepted, shall be elected by the persons composing their seve- ral companies, battalions and regiments. Sect. 4. Brigadier and major generals shall be elected by the officers of their brigades and divisions respectively. Sect. 5. All militia officers shall be commissioned by the go* vernor, and may hold their commissions during good behaviour, or until they arrive at the age of sixty years. Sect. 6. The militia shall in all cases except treason, felony or breach of the peace, be privileged from arrest during their atten- dance at musters and elections of officers, and in going to and re- turning from the same. ARTICLE. VI. Sect. 1. Neither slavery nor involuntary servitude shall here- after be introduced into this state, otherwise than for the punish- ment of crimes, whereof the party shall have been duly convicted; nor shall any male person arrived at the age of twenty-one years, nor female person arrived at the age of eighteen years, be held to serve any person as a servant^ under any indenture hereafter made, unless such j)erson shall enter into such indenture while in a state of per- Ul 15 feet freedom, ahd on condition of a bona fide consideration received, or to be received for their service. Nor shall any indenture of any negro or mulatto hereafter made and executed out of this state, or if made in this state, where the term of service exceeds one year, be of the least validity, except those given in cases of apprenticeship. Sect, 2. No person bound to labor in any other state, shall be hired to labor in this state, except within the tract reserved for the salt works near Shawneetown; nor even at that place for a longer period than one year at any one time; nor shall it be allowed there after the year one thousand eight hundred and twenty-five: any vio- lation of this article shall effect the emancipation of such person from, hiis obligation to service. Sect. 3. Each and every person who has been bound to service by contract or indenture in virtue of the laws of the Illinois Territo- ry, heretofore existing, and in conformity to the provisions of the same, without fraud or collusion, shall be held to a specific perform- ance of their contracts or indentures; and such negroes and mulat- toes as have been registered in conformity with the aforesaid laws, shall serve out the time appointed by said laws: Provided however, that the children hereafter born of such persons, negroes or mulattoes, shall become free, the males at the age of twenty-one years, the fe- males at the age of eighteen years. Each and every child born of indentured parents, shall be entered with the clerk of the county in which they reside, by their owners, within six months after the birth of said child. ARTICLE YII. Sect. 1. Whenever two-thirds of the general assembly shall think it necessary to alter or amend this constitution, they shall recommend to the electors at the next election of members to the general assem- bly to vote for or against a convention; and if it shall appear that a majority of all the citizens of the state voting for representatives have voted for a conveniion, the general assembly shall, at their next session, call a convention, to consist of as many members as there may be in the general assembly; to be chosen in the same manner, at the same place, and by the same electors that choose the general as- sembly, and which convention shall meet within three months afte* the said election, for the purpose of revising, altering, or amending this constitution. ARTICLE VIII. That the general, great, and essential principles of liberty and free government may be recognised and unalterably established, wjf. 18  Sect. 1. That all men are born equally free and independent, and have certain inherent and indefeasible rights; among which are those of enjoying and defending hfe and liberty, and of acquiring, posses- sing and protecting property and reputation, and of pursuing their own happiness. Sect. 2. That all power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety, and happiness. Sect 3 That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own con- sciences; that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority can in any case whatever controul or interfere with the rights of conscience; and that no preference shall ever be given by law to any religious establishments or modes of worship. Sect, i. That no religious test shall ever be required as a quali- fication to any office or public trust under this state. Sect. 5. That elections shall be free and equal. Sect. 6. That the right of the trial by jury shall remain inviolate. Sect. 7. That the people shall be secure in their persons, houses, papers, and possessions. Irom unreasonable searches and seizures; and that general warrants whereby an officer may be commanded to search suspected places without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty and ought not to be granted. Sect. 8. That no freeman shall be imprisoned or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any man- ner deprived of his life, liberty or property, but by the judgment of his peers or the law of the land, And all lands which have been granted as a common to the inhabitants of any town, hamlet, village or cor- poration by any person, body politic or corporate, or by any govern- ment having power to make such grant shall forever remain common Ui the inhabitants of such town, hamlet, village or corporation: and the said commons shall not be leased, sold or divided under any pre- tence whatever: Provided however, that nothing in this section shall be so construed as to affect the commons of Cahokia or Prairie Du- pont: Provided also, that the general assembly shall have power and authority to grant the same privilege to the inhabitants of the said villages of Cahokia and Prairie Dupont as are hereby granted to the inhabitants of other towns, hamlets and villages. Sect. 9. That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel; to demand the nature and cause of his accusation against him; to meet the witnesses face to facej to have compulsory process to compel the attendance of wit-  17 nesses in his favor. And in prosecutions by indictment or informa- tion, a speedy public trial by an impartial jury of the vicinage: and that he shall not be compelled to jrive evidence against himself. Sect. 10. That no person shall for any indictable offence, be pr - ceeded against criminally by information, except in cases arising in the land or naval forces, or the militia when m actual service, in time of war or public danger, by leave of the courts, for oppression or mis- demeanor in office. Sect. 11. No person shall for the same offence be twice put in jeopardy of his life or limb: nor shall any man's property be taken or applied to public use, without the consent of his representatives in the general assembly, nor without just compensation being made to him. Sect. 12. Every person within this state ought to find a certain remedy in the laws, for all injuries or wrongs which he may receive in his person, property, or character; he ought to obtain right and justice freely and without being obliged to purchase it, complete- ly and without denial, promptly and without delay, conformably to the laws. Sect. 13. That all persons shall be bailable by sufficient sureties unless for capital offences, where the proof is evident or the pre- sumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it. Sect. 14, All penalties shall be proportioned to the nature of the offence, the true design of all punishments being to reform, not to ex- terminate, mankind. Sect. 15. No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law, or in cases where there is strong presumption of fraud. Sect, 16. No ex post fucto law, nor anv law impairing the valid- ity of contracts shall ever be made; and no conviction shall work cor- ruption of blood or forfeiture of estate. Sect. 17. That no person shall be liable to be transported out of this state for any offence committed within the same. Sect, 18. That a frequent recurrence to the fundamental princi- ples of civil government is absolutely necessary to preserve the bless- ings of liberty. Sect. 19. That the people have a right to assemble together in a peaceable manner to consult for their common good, to instruct their representatives, and to apply to the general assembly for redress of grievances. Sect. 20. That the mode of levying a tax shall be by valuation, so that every person shall pay a tax in proportion to the value of the property he or she has in his or her possession. Sect. 21. That there shall be no other banks or monied institu« 3 18  tions in tbis state but those already provided by law, except a state bnnk and its branches, which may be established and regulated by the gentrral assembly of the state as they may think proper. Sect. 22. The printing presses shall be free to every person who undertakes to examine the proceedings of the general assembly or of any branch of governmeni; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opin- ions is one of the invaluable rights of man. and every citizen may freely speak, write, and print, on any subject, being responsible for the abu>e of that liberty. Sect. 23. In prosecutions for the publication of papers investi- gating the official conduct of officers, or of men acting in a public ca- pacity or where the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the ri^ht of determining both th« law and the lact, under the direction of the court, as in other cases.  SCHEDULE. 1^ Sect. 1. That no inconveniences may arise from the change of a territorial to a permanent state government, it is declared by the convention, that all rights, suits, actions, prosecutions, claims and contraccs, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this government in vir- of the laws now in force. Sect. 2. All fines, penalties, and forfeitures due and owing to the territory of Illinois, shall enure to the use of the state. All bpnds ex- ecuted to the governor, or to any other oficer in his official capacity in the territory, shall pass over to the governor or to the officers of the state and their successors in office for the use of the state, by him or by them to be respectively assigned over to the use of those concerned, as the case may be. Sect. 3. No sheriff or collector of public moneys shall be eligi- ble to any office in this state, until they have paid over, according to law, all moneys which they may have collected by virtue of their re- spective offices. Sect. 4. There shall be elected in each county three county commissioners for the purpose of transacting all county business, whose time of service, power, and duties, shall be regulated and de- fined by law. Sect. 5. The governor, secretary, and judges, and all other offi- cers under the territorial government, shall contmue in the exercise of the duties of their respective departments until the said officers are superceded under the authority of this constitution. Sect. 6. The governor of this state shall make use of his pri- vate seal, until a state seal shall be provided. Sect. 7. The oaths of office herein directed to be taken, may be administered by any justice of the peace until the general assembly shall otherwise direct. Sect. 8. Until the first census shall be taken as directed by this constitution, the county of Madison shall be entitled to one senator and three representatives; the county of St. Clair, to one senator and three representatives; the county of Bond, to one senator and one representative; the county of Washington, to one senator and one re-^ presentative; the county of Monroe, to one senator and one repre- sentative; the county of Randolph, to one senator and two repesen- tative i; the county of Jackson, to one senator and one representative; the counties of Johnson and Franklin to form one senatorial district, .90  and to be entitled to one senator, and each county to one representa- tive; the county of Union, to one senator and two representatives; the county of Pope, to one senator and two representatives; the county of Gallatin, to one senator and three representatives; the county of "White, to one senator and three representatives; the county of Ed- wards, to one senator and two representatives; and the county of Crawford, to one senator and two representatives. Sect. 9. The president of the convenrion shall issue writs of election, directed to the several sheriffs of the several counties, or in case of the absence or disability of any sheriff, then to the deputy she- riff, and in case of the absence or disability of the deputy sheriff, then such writ to be directed to the coronor, requiring them to cause an election to be held for governor, lieutenant governor, representative to the present Congress of the United States, and members to the ge- neral assembly, and sheriffs and coroners in the respective counties; such election to commence on the th rd Thursday of September next, and to continue for that and the two succeeding days; and which election shall be conducted in the manner prescribed by the existing election laws of the Illinois Territory; and the said governor, lieu- tenant governor, members of the general assembly, sheriffs and cor- onors, then duly elected, shall continue to exercise the duties of their respective offices for the time prescribed by this constitution, and un- til their ■ iccessor or successors are qualified, and no longer. Sect. 10. An auditor of public accounts, an attorney general and such other officers for the state as may be necessary, may be ap- pointed by the general assembly, whose duties may be regulated by law. Sect. 11. It shall be the duty of the general assembly to enact such laws as may be necessary and proper to prevent the practice of duelling. Sect. 12. All white male inhabitants above the age of twenty-one years, who shall be actual residents of this state, at the signing of this constitution, shall have a right to a vote at the election to be held on the third Thursday, and the two following days of Sept' mber next. Sect. 13. The seat of government for the state shall be at Kas- kaskia until the general assembly shall otherwise provide. The gen- eral assembly at their first session, holden under the authority of this constitution, shall petition the Congress of the United States, to grant to this state a quantity of land, to consist of not more than four nor less than one section, or to give to this state the right of preemp- tion in the purchase of the said quantity of land. The said land to be situate on the Kaskaskia river, and as near as may be, east of the third principal meridian on said river. Should the prayer of such petition be granted, the general assembly at their next session there- after, shall provide for the appointment of five commissioners to make the selection of said land so granted; and shall further provide for laying out a tov/n upon the land so selected; which town, so laid  21 out, shall be the seat of governirent of this state for the term of twenty years. Should however the prayer of said petition not be granted, the general assembly shall have power to make such provi- sion for a permanent seat of government as may be necessary and shall fix the same where thev may think best. Sect. 14. Any person of thirty years of age, who is a citizen of the United States, and has resided within the limits of this state two years next preceding his election shall be eligible to the office of lieutenant governor, any thing in the thirteenth section of the third article of this constitution contained to the contrary notwithstanding. Done in convention at Kaskaskia, the twenty-sixth day of August, in the year of our Lord one thousand eight hundred and eighteen, and of the independence of the United States of America, the forty-third. In testimony whereof, we have hereunto subscribed our names. JESSE B. THOMAS, President of the Convention, and representative from the county of St, Clair, John Messinger. ) g^ , James Lemen,jr.3 ^ Geor2;e Fisher, 7 n„ j / 7 r. Elias Kent Kane, ^ l^'^n'^olph County. B. Stephenson, ) Joseph Boroui^h, V Madison County, Abraham Prickett, ) Michael Jones, 1 Leonard White, > Gallatin Co, Adolphus Frederick Hubbard, j Hezekiah West, ? 1 7 /-y , William MYatridge, ]" -^^^^^^^ ^^""^2^- Lev^i Compton, } ^^^'«^^^ <^«""'^- Willis Hargrave, } ^ttl ,, Counts, William M'Henry,y ^^'^'^^ ^^""'^'/• Caldwell Cams, } nj n * r^ u "i/i V Monroe Lountii. bnoch Moore, 3 Samuel Omelveny,^ p ^ Hamlet rerguson, ^ ^ onia I , L Jackson County. h 22  EdN*! CuMom!' [ Cra«,f<»-<J County. Tho's K-rkpafick, > g„„^ J3, Samuel G. Morse, 3 ^ William Echols, / /t_- >^ . John Whiteake;, \ ^nmn County. Andrew Bankson, fVashington County. hham Harrison, I f^„Mm County. Thomas Roberts, 3 ^ ATTEST, WM. C. GREFNTTP, Secretary to the Co7ivention. Ci] AN ORDINANCE. 23 WHEREAS, the Congress of the United States in the act, enti. tied '"An act to enable the people ot the lUinuis territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states, passed the I8th of April, 1818," have offered to this convention for their free acceptance or rejection, the following propositions, which if ac- cepted by the convention are to be obligatory upon the United States, viz: "1st. That section numbered sixteen in every township, and when such section has been sold, or otherwise disposed of, other lands equivolent thereto, and as contiguous as may be, shall be grant- ed to the state for the use ot the inhabitants of such township for the use of schools. 2d That all salt springs within such state, and the lands reserved for the use of the same, shall be granted to the said state for the use of the said state, and the same to be used under such terms and con- ditions and regulations as the legislature ot said state shall direct; provided the legislature shall never sell nor lease the same for a Ion* ger period than ten years at any one time. ad. That 5 per cent, of the nett proceeds of the lands lying wiihin such state, and which shall be sold by Congress, from and af- ter the first day of January, one thousand eight hundred and nine- teen, after deducting all expenses incident to the same, shall be reserv- ed for the purposes following, viz: Two-fikhs to be disbursed under the direction of Congress, in making roads leading to the state; the residue to be appropriated by the legislature of the state for the encouragement of learning of which one-sixth part shall be exclusively bestowed on a college or university. 4th. That thirty-six sections or one entire township, which shall be designated by the President of the United States, together with the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature ol the said state, to be appropriated solely to the use of such seminary by the said legislature." And whereas, the four foregoing propositions are offered on the condition that this convention shall provide by ordinance, irrevocable, without the consent of the United States, that every and each tract of land sold by the United States from and after the first day of January, 1819, shall remain exempt from any tax laid by order or under the 24  authority of the state, whether for state, county, or township, or any other purpose whatever, for the term of five years, from and after the day of sale. And further, that the bounty lands granted, or here- after to be granted for military services, during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt as aforesaid from all taxes for the term of three years, from and after the date of the patents respectively; and that all the lands belonging to the citizens of the United States, residing without the said state, shall never be taxed higher than lands belonging to persons residing therein. Therefore, this convention, on behalf of, and by the authority of the people of, the state, do accept of the foregoing propositions; and do further ordain and declare, that every and each tract of land sold by the United States, from and after the first day of January, 1819, shall remain exempt from any tax laid by order or under any authority of the state, whether for state, county or township, or any purpose whatever, for the term of five years from and after the day of sale. And that the bounty lands granted or hereafter to be granted, for mili- tary services, durirg the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt as aforesaid, from all taxes for the term of three years, from and after the date of the pa- tents respectively; and that all the lands belonging to the citizens of the United States, residing without the said state, shall never be tax* ed higher than lands belonging to persons residing therein. And this convention, do further ordain and declare, that the foreging ordi- nance, shall not be revoked without the consent of the United States, Dr>NE in convention at Kaskaskia, the twenty-sixth day of August, in the year of our Lord one thousand eight hundred and eighteen, and of the independence of the United States of America, the foTty -third. JESSE B. THOMAS, President of the Conveniioui ATTEST, \VM. C. GREENUP, Secretary to the Convention.