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Full text of "Constitution of the State of Illinois. November 16, 1818, read and ordered to lie upon the table"

[1] 

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 



[1] 



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 



[1] 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. 



[1] 



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 [1] 

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 [1] 

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 [1] 

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 [1] 

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- 



[1] 



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 [1] 

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. 



[1] 



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 [1] 

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 



[1] 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 [1] 

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 [1] 

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.