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Full text of "The constitution of the state of Illinois as adopted in convention, May 13, 1870 : and ratified by the people of the state July 2d, A.D. 1870"

ILLINOIS . 
CONSTITUTION I87O. 




(IJoruf U Idam ^rljool Sjtbrary 



,,_. Cornell University Ubrary 

KFI1601 1870.A43 



Constitution of the state of 



THE 



llinols as 



3 1924 024 668 232 

J 

CONSTITUTION 



State of Illinois, 



AS ADOPTED IN 



CONVENTION, 

May 13th, 1870, 



Ratified by the People of the State, 



July 2d, A. D. 1870. 



CHICAGO: 

THE WESTERN NEWS COMPANY, 

121 and 123 State Street. 

1870. 



james & butler, 

Book and Job Printers, 

book binders, 

AND 
BLANK BOOK MANUFACTURERS, 

114 & 116 Wabash Ave., Chicago, III. 



THE CONSTITUTION. 



'PREAMBLE. 



We, the people of the State of Illinois — grateful to Almighty God 
for the civil, political and religious liberty which He hath so long permit- 
ted us to enjoy, and looking to Him for a blessing upon our endeavors to 
secure and transmit the same unimpaired to succeeding generations — in 
order to form a more perfect government, establish justice, insure do- 
mestic tranquillity, provide for the common defence, promote the general 
welfare, and secure the blessings of liberty to ourselves and our posterity, 
do ordain and establish this Constitution for the State of Illinois. 

ARTICLE I. 

BOUNDARIES. 

The boundaries and jurisdiction of the State shall be as follows, to 
wit : Beginning at the mouth of the Wabash river, thence up the same, 
and with the line of Indiana, to the northwest corner of said State, thence 
east with the line of 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 thfence down along the middle of that river to its confluence 
with the Ohio river, and thence up the latter river, along its northwestern 
shore to the place of beginning : Provided, that this State shall exercise 
such jurisdiction upon the Ohio river, as she is now entitled to, or such 
as may hereafter be agreed upon by this State and the State of Kentucky. 

ARTICLE II. 

BILL OF RIGHTS. 

Section i . All men are by nature free and independent, and have 
certain inherent and inalienable rights — among these are life, liberty, and 
the pursuit of happiness. To secure these rights and the protection of 



property, governments are instituted among men, deriving their just 
powers from the consent of the governed. 

§ 2. No person shall be deprived of life, liberty or property, with- 
out due process of law. 

§ 3. The free exercise and enjoyment of religious profession and 
worship, without discrimination, shall forever be guaranteed ; and no per- 
son shall be denied any civil or political right, privilege or capacity, on 
account of his religious opinions; but the liberty of conscience hereby 
secured shall not be construed to dispense with oaths or affirmations, 
excuse acts of licentiousness, or justify practices inconsistent with the 
peace or safety of the State. No person shall be required to attend or 
support any ministry or place of worship against his consent, nor shall 
any preference be given by law to any religious denomination or mode of 
worship. 

§ 4. Every person may freely speak, write and publish, on all sub- 
jects, being responsible for the abuse of that liberty; and in all trials for 
libel, both civil and criminal, the truth, when published with good 
motives and for justifiable ends, shall be a sufficient defence. 

§ 5. The right of trial by jury as heretofore enjoyed, shall remain 
inviolate ; but the trial of civil cases before Justices of the Peace by a jury 
of less than twelve men, may be authorized by law. 

§ 6. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, shall not be 
violated ; and no warrant shall issue without probable cause, supported by 
affidavit, particularly describing the place to be searched; and the persons 
or things to be seized. 

§ 7. All persons shall be bailable by sufficient sureties, except for 
capital offences, where the proof is evident or the presumption 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. 

Si 8. No person shall be held to answer for a criminal offence, unless 
on indictment of a grand jury, except in cases in which the punishment is 
by fine, or, imprisonment otherwise than in the penitentiary, in cases of 
impeachment, and in cases arising in the army and navy, or in the militia 
when in actual service in time of war or public danger; Provided, that 
the Grand Jury may be abolished by law in all cases. 



§ 9- In all criminal prosecutions, the accused shall have the right 
to appear and defend in person and by counsel ; to demand the nature 
and cause of the accusation, and to have a copy thereof; to meet the 
witnesses face to face, and to have process to compel the attendance of 
witnesses in his behalf, and a speedy public trial by an impartial jury of 
the county or district in which the offence is alleged to have been com- 
mitted. 

§ lo. No person shall be compelled in any criminal case to give 
evidence against himself, or be twice put in jeopardy for the same offence. 

§ II. All penalties shall be proportioned to the nature of the 
offence, and no conviction shall work corruption of blood or forfeiture 
of estate ; nor shall any person be transported out of the State for any 
offence committed within the same. 

§ 12. 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. 

§ 13. Private property shall not be taken or damaged for public use 
without just compensation. Such compensation, when not made by the 
State, shall be ascertained by a jury, as shall be prescribed by law. The 
fee of land taken for railroad tracks, without consent of the owners 
thereof, shall remain in such owners, subject to the use for which it is 
taken. 

§ 14. No ex post facto law, or law impairing the obligation of con- 
tracts, or making any irrevocable grant of special privileges or immuni- 
ties, shall be passed. 

§ 15. The military shall be in strict subordination to the civil 
power. 

§ 16. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner; nor in time of war except in the man- 
ner prescribed by law. 

§ 1 7. The people have the right to assemble in a peaceable manner 
to consult for the common good, to make known their opinions to their 
Representatives, and to apply for redress of grievances. 

§ 18. All elections shall be free and equal. 

§ 19. Every person ought to find a certain remedy in the laws for 
all injuries and wrongs which he may receive in his person, property or 



reputation ; he ought to obtain, by law, right and justice freely and with- 
out being obliged to purchase it, completely and without denial, promptly 
and without delay. 

§ 20. A frequent recurrence to the fundamental principles of civil 
government is absolutely necessary to preserve the blessings of liberty. 

ARTICLE III. 

DISTRIBUTION OF POWERS. 

The powers of the Government of this State are divided into three 
distinct departments — the Legislative, Executive and Judicial; and no 
person, or collection of persons, being one of these departments, shall 
exercise any power properly belonging to either of the others, except as 
hereinafter expressly directed or permitted. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

Section i. The legislative power shall be vested in a General As- 
sembly, which shall consist of a Senate and House of Representatives, 
both to be elected by the people. 

ELECTION. 

§ 2. An election for members of the General Assembly shall be 
held on the Tuesday next after the first Monday in November, in the year 
of our Lord one thousand eight hundred and seventy, and every two 
years thereafter, in each county, at such places therein as may be provided 
by law. When vacancies occur in either House, the Governor, or person 
exercising the powers of Governor, shall issue writs of election to fill 
such vacancies. 

ELIGIBILITY AND OATH. 

§ 3. No person shall be a Senator who shall not have attained the 
age of twenty-five years, or a Representative who shall not have attained 
the age of twenty-one years. No person shall be a Senator or a Repre- 
sentative who shall not be a citizen of the United States, and who shall 
not have been for five years a resident of this State, and for two years 
next preceding his election a resident within the territory forming the dis- 
trict from which he is elected. No Judge or Clerk of any Court, Secre- 



tary of State, Attorney General, State's Attorney, Recorder, Sheriff, or 
Collector of Public Revenue, member of either House of Congress, or 
person holding any lucrative office under the United States or this State, 
or any foreign government, shall have a seat in the General Assembly : 
Provided, That appointments in the militia and the offices of Notary 
Public and Justice of the Peace shall not be considered lucrative. Nor 
shall any person holding any office of honor or profit under any foreign 
government, or under the government of the United States (except Post- 
masters whose annual compensation does not exceed the sum of three 
hundred dollars), hold any office of honor or profit under the authority 
of this State. 

§ 4. No person who has been, or hereafter shall be, convicted of 
bribery, perjury, or other infamous crime, nor any person who has been 
or may be a collector or holder of public moneys, who shall not have 
accounted for and paid over, according to law, all such moneys due from 
him, shall be eligible to the General Assembly, or to any office of profit 
or trust in this State. 

§^ 5. Members of the General Assembly, before they enter upon 
their official duties, shall take and subscribe the following oath or affirma- 
tion: "I do solemnly swear (or affirm) that I will support the Constitu- 
tion of the United States and the Constitution of the State of Illinois, 
and will faithfully discharge the duties of Senator (or Representative) 
according to the best of my ability; and that I have not, knowingly or 
intentionally, paid or contributed anything, or made any promise in the 
nature of a bribe, to directly or indirectly influence any vote at the elec- 
tion at which I was chosen to fill the said office, and have not accepted, 
nor will I accept or receive, directly or indirectly, any money or other 
valuable thing, from any corporation, company or person, for any vote or 
influence I may give or withhold on any bill, resolution or appropriation, 
or for any other official act." This oath shall be administered by a Judge 
of the Supreme or Circuit Court in the Hall of the House to which the 
member is elected, and the Secretary of State shall record and file the oath 
subscribed by each member. Any member who shall refuse to take the 
oath herein prescribed shall forfeit his office, and every member who 
shall be convicted of having sworn falsely to, or of violating his said 
oath, shall forfeit his office and be disqualified thereafter from holding 
any office of profit or trust in this State. 



APPORTIONMENT. 

SENATORIAL. 

§ 6. The General Assembly shall apportion the State every ten 
years, beginning with the year one thousand eight hundred and seventy- 
one, by dividing the population of the State, as ascertained by the federal 
census, by the number fifty-one, and the quotient shall be the ratio of 
representation in the Senate. The State shall be divided into fifty-one 
Senatorial Districts, each of which shall elect one Senator, whose term of 
office shall be four years. The Senators elected in the year of our Lord 
one thousand eight hundred and seventy-two in districts bearing odd 
numbers, shall vacate their offices at the end of two years, and those 
elected in districts bearing even numbers at the end of four years; and 
vacancies occurring by the expiration of term shall be filled by the 
election of Senators for the full term. Senatorial Districts shall be 
formed of contiguous and conipact territory, bounded by county lines, 
and contain as nearly as practicable an equal number of inhabitants; but 
no district shall contain less than four-fifths of the Senatorial ratio. Coun- 
ties containing not less than the ratio and three-fourths, may be divided 
into separate districts, and shall be entitled to two Senators, and to one 
additional Senator for each number of inhabitants equal to the ratio con- 
tained by such counties in excess of twice the number of said ratio. 

REPRESENTATIVE. 

§ 7. The population of the State, as ascertained by the federal cen- 
sus, shall be divided by the number one hundred and fifty-three, and the 
quotient shall be the ratio of representation in the House of Representa- 
tives. Every county or district shall be entitled to one representative, 
when its population is three-fifths of the ratio ; if any county has less than 
three-fifths of the ratio it shall be attached to the adjoining county having 
the least population, to which no other county has for the same reason 
been attached, and the two shall constitute a separate district. Every 
county or district having a population not less than the ratio and three- 
fifths shall be entitled to two Representatives, and for each additional 
number of inhabitants equal to the ratio, one Representative. Counties 
having over two hundred thousand inhabitants may be divided into 
districts, each entitled to not less than three nor more than five Repre- 
sentatives. After the year one thousand eight hundred and eighty, the 
whole population shall be divided by the number one hundred and fifty- 
nine, and the quotient shall be the ratio of representation in the House of 



Representatives for the ensuing ten years, and six additional Representa- 
tives shall be added for every five hundred thousand increase of population 
at each decennial census thereafter, and be apportioned in the same 
manner as above provided. 

§ 8. When a county or_ district shall have a fraction of population 
above what shall entitle it to one Representative, or more, according to 
the provisions of the foregoing section, amounting to one-iifth of the 
ratio, it shall be entitled to one additional Representative in the fifth 
term of each decennial period; when such fraction is two-fifths of the 
ratio, it shall be entitled to an additional Representative in the fourth and 
fifth terms of said periods ; when the fraction is three-fifths of the ratio, it 
shall be entitled to an additional Representative in the first, second and 
third terms, respectively; when the fraction is four-fifths of the ratio, it 
shall be entitled to an additional Representative in the first, second, third 
and fourth terms, respectively. 

TIME OF MEETING AND GENERAL RULES. 

§ 9. The sessions of the General Assembly shall commence at twelve 
o'clock noon, on the Wednesday next after the first Monday in January, 
in the year next ensuing the election of members thereof, and at no other 
time, unless as provided by this Constitution. A majority of the members 
elected to each House shall constitute a quorum. Each House shall 
determine the rules of its proceedings, and be the judge of the election, 
returns and qualifications of its members; shall choose its own ofiicers; 
and the Senate shall choose a temporary President to preside when the 
Lieutenant Governor shall not attend as President or shall act as Governor. 
The Secretary of State shall call the House of Representatives to order at 
the opening of each new Assembly, and preside over it until a temporary 
presiding officer thereof shall have been chosen and shall have taken his 
seat. No member shall be expelled by either House, except by a vote of 
two-thirds of all the members elected to that House, and no member shall 
be twice expelled for the same offence. Each House may punish by im- 
prisonment any person, not a member, who shall be guilty of disrespect 
to the House by disorderly or contemptuous behavior in its presence. 
But no such imprisonment shall extend beyond twenty-four hours, at one 
time, unless the person shall persist in such disorderly or contemptuous 
behavior. 

§ 10. 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, 



8 

require secrecy. Neither House shall, without the consent of the other, 
adjourn for more than two days, or to any other place than that in which 
the two Houses shall be sitting. Each House shall keep a journal of its 
proceedings, which shall be published. In the Senate at the request of 
two members, and in the House at the request of five members, the yeas 
and nays shall be taken on any question, and entered upon the journal. 
Any two members of either House shall have liberty to dissent from, and 
protest, in respectful language, against any act or resolution which they 
think injurious to the public or to any individual, and have the reasons of 
their dissent entered upon the journals. 

STYLE OF LAWS, AND PASSAGE OF BILLS. 

§ II. 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 Assembly ^ 

§ 12. Bills may originate in either House, but may be altered, 
amended or rejected by the other; and on the final passage of all bills, 
the vote shall be by yeas and nays, upon each bill separately, and shall be 
entered upon the journal ; and no bill shall become a law without the 
concurrence of a majority of the members elected to each House. 

§ 13. Every bill shall be read at large on three different days, in 
each House; and the bill and all amendments thereto shall be printed 
before the vote is taken on its final passage ; and every bill, having passed 
both Houses, shall be signed by the Speakers thereof No act hereafter 
passed shall embrace more than one subject, and that shall be expressed 
in the title. But if any subject shall be embraced in an act which shall 
not be expressed in the title, such act shall be void only as to so much 
thereof as shall not be so expressed; and no law shall be revived or 
amended by reference to its title only, but the law revived or the section 
amended shall be inserted at length in the new act. And no act of the 
General Assembly shall take effect until the first day of July next after its 
passage, unless in case of emergency (which emergency shall be expressed 
in the preamble or body of the act), the General Assembly shall, by a 
vote of two-thirds of all the members elected to each House, otherwise 
direct. 

PRIVILEGES AND DISABILITIES. 

§ 14. 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 returning from the same; 



and for any speech or debate in either House, they shall not be questioned 
in any other place. 

§ 15. No person elected to the General Assembly shall receive any 
civil appointment within this State from the Governor, the Governor and 
Senate, or from the General Assembly, during the term for which he shall 
have been elected ; and all such appointments, and all votes given for any 
such members for any such office or appointment, shall be void ; nor shall 
any member of the General Assembly be interested, either directly or in- 
directly, in any contract with the State, or any county thereof, authorized 
by any law passed during the term for which he shall have been elected, 
or within one year after the expiration thereof 

PUBLIC MONEYS AND APPROPRIATIONS. 

§ 16. The General Assembly shall make no appropriation of money 
out of the Treasury in any private law. Bills making appropriations for 
the pay of members and officers of the General Assembly, and for the 
salaries of the officers of the Government, shall contain no provision on 
any other subject. 

§ 17. No money shall be drawn from the Treasury except in pursu- 
ance of an appropriation made by law, and on the presentation of a war- 
rant issued by the Auditor thereon ; and no money shall be diverted from 
any appropriation made for any purpose, or taken from any fund whatever, 
either by joint or separate resolution. The Auditor shall, within sixty 
days after the adjournment of each session of the General Assembly, pre- 
pare and publish a full statement of all money expended at such session, 
specifying the amount of each item, and to whom and for what paid. 

§ 18. Each General Assembly shall provide for all the appropriations 
necessary for the ordinary and contingent expenses of the Government 
until the expiration of the first fiscal quarter after the adjournment of the 
next regular session, the aggregate amount of which shall not be increased 
without a vote of two-thirds of the members elected to each house, nor 
exceed the amount of revenue authorized by law to be raised in such time ; 
and all appropriations, general or special, requiring money to be paid out 
of the State treasury, from funds belonging to the State, shall end with 
such fiscal quarter: Provided, the State may, to meet casual deficits or 
failures in revenues, contract debts, never to exceed in the aggregate two 
hundred and fifty thousand dollars; and moneys thus borrowed shall be 
applied to the purpose for which they were obtained, or to pay the debt 
thus created, and to no other purpose ; and no other debt, except for the 



10 

purpose of repelling invasion, suppressing insurrection, or defending the 
State in war, (for payment of which the faith of the State shall be pledged), 
shall be contracted, unless the law authorizing the same shall, at a general 
election, have been submitted to the people, and have received a majority 
of the votes cast for members of the General Assembly at such election. 
The General Assembly shall provide for the publication of said law, for 
three months, at least, before the vote of the people shall be taken upon 
the same ; and provisions shall be made at the time, for the payment of 
the interest annually, as it shall accrue, by a tax levied for the purpose, or 
from other sources of revenue ; which law, providing for the payment of 
such interest by such tax, shall be irrepealable until such debt be paid : 
And Provided, further, that the law levying the tax shall be submitted to 
the people with the law authorizing the debt to be contracted. 

§ 19. The General Assembly shall never grant or authorize extra 
compensation, fee or allowance to any public officer, agent, servant or 
contractor, after service has been rendered or a contract made, nor 
authorize the payment of any claim, or part thereof, hereafter created 
against the State under any agreement or contract made without express 
authority of law ; and all such unauthorized agreenients or contracts shall 
be null and void : Provided, the General Assembly may make appropria- 
tions for expenditures incurred in suppressing insurrection or repelling 
invasion. 

§ 20. The State shall never pay, assume, or become responsible for 
the debts or liabilities of, or in any manner give, loan or extend its credit 
to or in aid of any public or other corporation, association or individual. 

PAY OF MEMBERS. 

§ 21. The members of the General Assembly shall receive for their 
services the sum of five dollars per day, during the first session held under 
this Constitution, and ten cents for each mile necessarily travelled in 
going to and returning from the seat of government, to be computed by 
the Auditor of Public Accounts, and thereafter such compensation as 
shall be prescribed by law, and no other allowance or emolument, directly 
or indirectly, for any purpose whatever, except the sum of fifty dollars 
per session to each member, which shall be in full for postage, stationery, 
newspapers, and all other incidental expenses and perquisites; but no 
change shall be made in the compensation of members of the General 
Assembly during the term for which they may have been elected. The pay 
and mileage allowed to each member of the General Assembly shall be 



11 

certified by the Speakers of their respective Houses, and entered on the 
journals, and published at the close of each session. 

SPECIAL LEGISLATION PROHIBITED. 

§ 2 2. The General Assembly shall not pass local or special laws in 
any of the following enumerated cases, that is to say : for 

Granting Divorces; 

Changing the names of persons or places; 

Laying out, opening, altering and working roads or highways; 

Vacating roads, town plats, streets, alleys, and public grounds; 

Locating or changing county seats ; 

Regulating county and township affairs; 

Regulating the practice in Courts of Justice; 

Regulating the jurisdiction and duties of Justices of the Peace, Po- 
lice Magistrates and Constables; 

Providing for changes of venue in civil and criminal cases ; 

Incorporating cities, towns or villages, or changing or amending the 
charter of any town, city or village ; 

Providing for the election of members of the Board of Supervisors 
in townships, incorporated towns or cities; 

Summoning and impanelling grand or petit juries; 

Providing for the management of common schools ; 

Regulating the rate of interest on money; 

The opening and conducting of any election, or designating the 
place of voting; 

The sale or mortgage of real estate belonging to minors or others 
under disability; 

The protection of game or fish; 

Chartering or licensing ferries or toll bridges; 

Remitting fines, penalties or forfeitures; 

Creating, increasing or decreasing fees, percentage or allowances 
of public officers, during the term for which said officers are elected or 
appointed ; 

Changing the law of descent; 

Granting to any corporation, association or individual the right to 
lay down railroad tracks, or amending existing charters for such purpose ; 



12 

Granting to any corporation, association or individual any special or 
exclusive privilege, immunity or franchise whatever. 

In all other cases where a general law can be made applicable, no 
special law shall be enacted. 

§ 23. The General Assembly shall have no power to release or ex- 
tinguish, in whole or in part, the indebtedness, liability or obligation of 
any corporation or individual to this State, or to any municipal corpora- 
tion therein. ^ 

IMPEACHMENT. . 

§ 24. The House of Representatives shall have the sole power of 
impeachment; but a majority of all the members elected must concur 
therein. .All impeachments shall be tried by the Senate; and when sit- 
ting for that purpose, the Senators shall be upon oath, or affirmation, to 
do justice according to law and evidence. When the Governor of the 
State is tried, the Chief Justice shall preside. No person shall be con- 
victed without the concurrence of two-thirds of the Senators elected. 
But judgment in such cases shall not extend further than removal from 
office, and disqualification to hold any office of honor, profit or trust 
under the government of this State. The party, whether convicted or 
acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and 
punishment according to law. 

MISCELLANEOUS. 

§ 25. The General Assembly shall provide, by law, that the fuel, 
stationery, and printing paper furnished for the use of the State, the 
copying, printing, binding and distributing the laws and journals, and all 
other printing ordered by the General Assembly, shall be let by contract 
to the lowest responsible bidder ; but the General Assembly shall fix a 
maximum price, and no member thereof or other officer of the State shall 
be interested, directly or indirectly, in such contract. But all such con- 
tracts shall be subject to the approval of the Governor, and if he disap- 
prove the same, there shall be a re-letting of the contract in such manner 
as shall be prescribed by law. 

§ 26. The State of Illinois shall never be made defendant in any 
court of law or equity. 

§ 27. The General Assembly shall have no power to authorize lot- 
teries or gift, enterprises, for any purpose, and shall pass laws to prohibit 
the sale of lottery or gift enterprise tickets in this State. 



13 

§ 28. No law shall be passed which shall operate to extend the term 
of any public officer after his election or appointment. 

§ 29. It shall be the duty of the General Assembly to pass such 
laws as may be necessary for the protection of operative miners, by pro- 
viding for ventilation, when the same may be required, and the construc- 
tion of escapement-shafts or such other appliances as may secure safety 
in all coal mines, and to provide for the enforcement of said laws by such 
penalties and punishments as may be deemed proper. 

§ 30. The General Assembly may provide for establishing and 
opening roads and cartways, connected with a public road, for private 
and public use. 

§ 31. The General Assembly may pass laws permitting the owners 
or occupants of lands to construct drains and ditches, for agricultural and 
sanitary purposes, across the lands of others. 

§ 32. The General Assembly shall pass liberal homestead and 
exemption laws. 

§ 33. The General Assembly shall not appropriate out of the State 
Treasury, or expend on account of the new Capitol Grounds, and con- 
struction, completion, and furnishing of the State House, a sum exceed- 
ing, in the aggregate, three and a half millions of dollars, inclusive of 
all appropriations heretofore made, without first submitting the proposition 
for an additional expenditure to the legal voters of the State, at a general 
election, nor unless a majority of all the votes cast at such election shall 
be for the proposed additional expenditure. 



ARTICLE V. 

EXECUTIVE DEPARTMENT. 

Section i. The Executive Department shall consist of a Governor, 
Lieutenant Governor, Secretary of State, Auditor of Public Accounts, 
Treasurer, Superintendent of Public Instruction, and Attorney General, 
who shall each, with the exception of the Treasurer, hold his office for 
the term of four years from the second Monday of January next after his 
election, and until his successor is elected and qualified. They shall, 
except the Lieutenant Governor, reside at the seat of government during 
their term of office, and keep the public records, books and papers there, 
and shall perform such duties as may be prescribed by law. 



14 

§ 2. The Treasurer shall hold his office for the term of two years, 
and until his successor is elected and qualified, and shall be ineligible to 
said office for two years next after the end of the term for which he was 
elected. He may be required by the Governor to give reasonable addi- 
tional security, and in default of so doing his oiEce shall be deemed 
vacant. 

ELECTION. 

§ 3. An election for Governor, Lieutenant Governor, Secretary of 
State, Auditor of Public Accounts, and Attorney General, shall be held 
on the Tuesday next after the first Monday of November, in the year of 
our Lord one thousand eight hundred and seventy-two, and every four 
years thereafter ; for Superintendent of Public Instruction, on the Tuesday 
next after the first Monday of November, in the year one thousand eight 
hundred and seventy, and every four years thereafter, and for Treasurer 
on the day last above mentioned, and every two years thereafter, at such 
places and in such manner as may be prescribed by law. 

§ 4. The returns of every election for the above named officers shall 
be sealed up and transmitted, by the returning officers, to the Secretary 
of State, directed to "The Speaker of the House of Representatives," 
who shall, immediately after the organization of the House, and before 
proceeding to other business, open and publish the same in the presence 
of a majority of each House of the General Assembly, who shall, for that 
purpose, assemble in the hall of the House of Representatives. The 
person having the highest number of votes for either of said offices shall 
be declared duly elected ; but if two or more have an equal, and the 
highest number of votes, the General Assembly shall, by joint ballot, 
choose one of such persons for said office. Contested elections for all of 
said offices shall be determined by both Houses of the General Assembly, 
by joint ballot, in such manner as may be prescribed by law. 

ELIGIBILITY. 

§ 5. No person shall be eligible to the office of Governor or 
Lieutenant Governor, who shall not have attained the age of thirty years 
and been for five years next preceding his election a citizen of the United 
States and of this State. Neither the Governor, Lieutenant Governor, 
Auditor of Public Accounts, Secretary of State, Superintendent of Public 
Instruction nor Attorney General shall be eligible to any other office 
during the period for which he shall have been elected. 



15 



GOVERNOR. 

§ 6. The supreme executive power shall be vested in the Governor, 
who shall take care that the laws be faithfully executed. 

§ 7. The Governor, shall, at the commencement of each session, 
and at the close of his term of office, give to the General Assembly 
information, by message, of the condition of the State, and shall 
recommend such measures as he shall deem expedient. He shall account 
to the General Assembly, and accompany his message with a statement 
of all moneys received and paid out by him from any funds subject to 
his order, with vouchers, and, at the commencement of each regular 
session, present estimates of the amount of money required to be raised 
by taxation for all purposes. 

§ 8. The Governor may, on extraordinary occasions, convene the 
General Assembly, by proclamation, stating therein the purpose for which 
they are convened ; and the General Assembly shall enter upon no 
business except that for which they were called together. 

§ 9. In case of a disagreement between the two Houses with 
respect to the time of adjournment, the Governor may, on the same 
being certified to him by the House first moving the adjournment, adjourn 
the General Assembly to such time as he thinks proper, not beyond the 
first day of the next regular session. 

§ 10. The Governor shall nominate, and, by and with the advice 
and consent of the Senate (a majority of all the Senators elected concur- 
ring, by yeas and nays), appoint all officers whose offices are established 
by this Constitution, or which may be created bylaw, and whose appoint- 
ment or election is not otherwise provided for ; and no such officer shall 
be appointed or elected by the General Assembly. 

§11. In case of a vacancy, during a recess of the Senate, in any 
office which is not elective, the Governor shall make a temporary appoint- 
ment until the next meeting of the Senate, when he shall nominate some 
person to fill such office : and any person so nominated, who is confirmed 
by the Senate (a majority of all the Senators elected concurring, by yeas 
and nays), shall hold his office during the remainder of the term, and 
until his successor shall be appointed and qualified. No person, after 
being rejected by the Senate, shall be again nominated for the same office 



16 

at the same session, unless at the request of the Senate, or be appointed 
to the same office during the recess of the General Assembly. 

§ 12. The Governor shall have power to remove any officer whom 
he may appoint, in case of incompetency, neglect of duty, or 
malfeasance in office ; and he may declare his office vacant, and fill the 
same as is herein provided in other cases of vacancy. 

§ 13. The Governor shall have power to grant reprieves, commu- 
tations and pardons, after conviction, for all offences, subject to such 
regulations as may be provided by law relative to the manner of applying 
therefor. 

§ 14. The Governor shall be commander-in-chief of the military 
and naval forces of the State (except when they shall be called into, the 
service of the United States); and may call out the same to execute the 
laws, suppress insurrection, and repel invasion. 

§ 15. The Governor and all civil officers of the State shall be liable 
to impeachment for any misdemeanor in office. 



VETO. 

§ 16. Every bill passed by the General Assembly shall, before it 
becomes a law, be presented to the Governor. If he approve, he shall 
sign it, and thereupon it shall become a law ; but if he do not approve, 
he shall return it, with his objections, to the House in which it shall have 
originated, which House shall enter the objections at large upon its journal, 
and proceed to reconsider the bill. If, then, two-thirds of the members 
elected agree to pass the same, it shall be sent, together with the objections, to 
the other House, by which it shall likewise be reconsidered, and if approved 
by two-thirds of the members elected to that House, it shall become a 
law, notwithstanding the objections of the Governor. But in all such cases, 
the vote of each House shall be determined by yeas and nays, to be entered on 
the journal. Any bill which shall not be returned by the Governor within 
ten days (Sundays excepted) after it shall have been presented to him, 
shall become a law in like manner as if he had signed it, unless the General 
Assembly shall, by their adjournment, prevent its return, in which case it 
shall be filed, with his objections, in the office of the Secretary of State, 
within ten days after such adjournment, or become a law. 



17 

LIEUTENANT GOVERNOR. 

§ 17. In case of the death, conviction on impeachmenii, failure to 
qualify, resignation, absence from the State, or other disability of the 
Governor, the powers, duties and emoluments of the office for the residue 
of the term, or until the disability shall be removed, shall devolve upon 
the Lieutenant Governor. 

§ 18. The Lieutenant Governor shall be President of the Senate, 
and shall vote only when the Senate is equally divided. The Senate shall 
choose a President, pro tempore, to preside in case of the absence or 
impeachment of the Lieutenant Governor, or when he shall hold the office 
of Governor. 

§ 19. If there be no Lieutenant Governor, or if the Lieutenant Gov- 
ernor shall, for any of the causes specified in section seventeen of this 
article, become incapable of performing the duties of the office, the 
President of the Senate shall act as Governor until the vacancy is filled 
or the disability removed; and if the President of the Senate, for any of 
the above named causes, shall become incapable of performing the duties 
of Governor, the same shall devolve upon the Speaker of the House of 
Representatives. 

OTHER STATE OFFICERS. 

§ 20. If the office of Auditor of Public Accounts, Treasurer, Sec- 
retary of State, Attorney General or Superintendent of Public Instruction 
shall bfe vacated by death, resignation or otherwise, it shall be the duty 
of the Governor to fill the same by appointment, and the appointee shall 
hold his office until his successor shall be elected and qualified in such 
manner as may be provided by law. An account shall be kept by the 
officers of the Executive Department, and of all the public institutions of 
the State, of all moneys received or disbursed by them, severally, from 
all sources and for every service performed, and a semi-annual report 
thereof be made to the Governor, under oath ; and any officer who makes 
a false report shall be guilty of perjury and punished accordingly. 

§ 21. The officers of the Executive Department, and of all the 
public institutions of the State, shall, at least ten days preceding each 
regular session of the General Assembly, severally report to the Governor, 
who shall transmit such report to the General Assembly, together with 
the reports of the Judges of the Supreme Court of defects in the Consti- 
tution and laws ; and the Governor may at any time require information 
in writing, under oath, from the officers of the Executive Department 



18 

and all officers and managers of State institutions, upon any subject relating 
to the condition, management and expenses of their respective offices. 

THE SEAL OF STATE. 

§ 22. There shall be a seal of the State, which shall be called the 
"Great Seal of the State of Illinois," which shall be kept by the Secretary 
of State, and used by him, officially, as directed by law. 

FEES AND SALARIES. 

§ 23. The officers named in this article shall receive for their services 
a salary, to be established by law, which shall not be increased or dimin- 
ished during their official terms, and they shall not, after the expiration 
of the terms of those in office at the adoption of this Constitution, receive 
to their own use any fees, costs, perquisites of office, or other compen- 
sation. And all fees that may hereafter be payable by law for any services 
performed by any officer provided for in this article of the Constitution, 
shall be paid in advance into the State Treasury. 

DEFINITION AND OATH OF OFFICE. 

§ 24. An office is a public position, created by the Constitution or 
law, continuing during the pleasure of the appointing power, or for a 
fixed time, with a successor elected or appointed. An employment is an 
agency, for a temporary purpose, which ceases when that purpose is accom- 
plished. 

§ 25. All civil officers, except members of the General Assembly 
and such inferior officers as may be by law exempted, shall, before they 
enter on the duties of their respective offices, take and subscribe the fol- 
lowing oath or affirmation : 

" I do solemnly swear (or affirm, as the case may be) that I will sup- 
port the Constitution of the United States, and the Constitution of the 
State of Illinois, and that I will faithfully discharge the duties of the 
office of according to the best of my ability." 

And no other oath, declaration or test shall be required as a qualifi- 
cation. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

Section i . The judicial powers, except as in this article is otherwise 
provided, shall be vested in one Supreme Court, Circuit Courts, County 
Courts, Justices of the Peace, Police Magistrates, and in such courts as 
may be created by law in and for cities and incorporated towns. 



19 

SUPREME COURT. 

§ 2. The Supreme Court shall consist of seven judges, and shall 
have original jurisdiction in cases relating to the revenue, in mandawus 
and habeas corpus, and appellate jurisdiction in all other cases. One of 
said judges shall be Chief Justice ; four shall constitute a quorum, and 
the concurrence of four shall be necessary to every decision. 

§ 3. No person shall be eligible to the office of Judge of the Supreme 
Court unless he shall be at least thirty years of age and a citizen of the 
United States, nor unless he shall have resided in this State five years 
next preceding his election, and be a resident of the district in which he 
shall be elected. 1 

§ 4. Terms of the Supreme Court shall continue to be held in the 
present grand divisions at the several places now provided for holding the 
same ; and until otherwise provided by law, one or more terms of said 
court shall be held, for the Northern division, in the city of Chicago, 
each year, at such times as said court may appoint, whenever said city or 
the county of Cook shall provide appropriate rooms therefor, and the use 
of a suitable library, without expense to the State. The judicial divisions 
may be altered, increased or diminished in number, and the times and 
places of holding said court may be changed by law. 

§ 5. The present grand divisions shall be preserved and be denomi- 
nated Southern, Central and Northern, until otherwise provided by law. 
The State shall be divided into seven districts for the election of judges, 
and, until otherwise provided by law, they shall be as follows : 

First District. — The counties of St. Clair, Clinton, Washington, 
Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, Perry, 
Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, Hardin, Pope, 
TJ[nion, Johnson, Alexander, Pulaski, and Massac. 

Second District. — The counties of Madison, Bond, Marion, Clay, 
Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Montgomery, 
Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun, and 
Christian. 

Third District. — The counties of Sangamon, Macon, Logan, De- 
Witt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, Ford, 
Iroquois, Coles, Edgar, Moultrie, and Tazewell. 

Fourth District.— TYit counties of Fulton, McDonough, Hancock, 
Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass, and 
Scott. 



20 

Fifth District. — The counties of Knox, Warren, Henderson, Mercer, 
Henry, Stark, Peoria, Marshall, Putnam, Bureau, LaSalle, Grundy, and 
Woodford. 

Sixth District. — The counties of Whiteside, Carroll, Jo Daviess, 
Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, De Kalb, Lee, 
Ogle, and Rock Island. 

Seventh District.— The counties of Lake, Cook, Will, Kankakee, 
and Du Page. 

The boundaries of the districts may be changed at the session of the 
General Assembly next preceding the election for judges therein, and at 
no other time ; but whenever such alterations shall be made, the same 
shall be upon the rule of equality of population, as nearly as county 
boundaries will allow, and the districts shall be composed of contiguous 
counties, in as nearly compact form as circumstances will permit. 
The alteration of the districts shall not affect the tenure of office of any 
judge. 

§ 6. At the time of voting on the adoption of this Constitution, 
one Judge of the Supreme Court shall be elected by the electors thereof 
in each of said districts numbered two, three, six and seven, who shall 
hold his office for the term of nine years from the first Monday of June, 
in the year of our Lord one thousand eight hundred and seventy. The 
term of office of Judges of the Supreme Court, elected after the adoption 
of this Constitution, shall be nine years ; and on the first Monday of June 
of the year in which the term of any of the judges in office at the adoption 
of this Constitution, or of the judges then elected, shall expire, and every 
nine years thereafter, there shall be an election for the successor or suc- 
cessors of such judges, in the respective districts wherein the term of such 
judges shall expire. The Chief Justice shall continue to act as such until 
the expiration of the term for which he was elected, after which the 
Judges shall choose one of their number Chief Justice. 

§ 7. From and after the adoption of this Constitution, the Judges 
of the Supreme Court shall each receive a salary of four thousand dollars 
per annum, payable quarterly, until otherwise provided by law. And 
after said .salaries shall be fixed by law, the salaries of the Judges in office 
shall not be increased or diminished during the terms for which said 
Judges shall have been elected. 

§ 8. Appeals and writs of error may be taken to the Supreme Court, 



21 

held in the grand division in which the case is decided, or, by consent of 
the parties, to any other grand division. 

§ 9. The Supreme Court shall appoint one reporter of its decisions, 
who shall hold his office for six years, subject to removal by the court. 

§ 10. At the time of the election for Representatives in the General 
Assembly, happening next preceding the expiration of the terms of office 
of the present clerks of said court, one clerk of said court for each division 
shall be elected, whose term of office shall be six years from said election, 
but who shall not enter upon the duties of his office until the expiration 
of the term of his predecessor ; and every six years thereafter one clerk 
of said court for each division, shall be elected. 

' APPELLATE COURTS. 

§ II. After the year of our Lord one thousand eight hundred and 
seventy-four, inferior Appellate Courts, of uniform organization and juris- 
diction, may be created in districts formed for that purpose, to which 
such appeals and writs of error as the General Assembly may provide may 
be prosecuted from Circuit and other courts, and from which appeals and 
writs of error shall lie to the Supreme Court, in all criminal cases, and 
cases in which a franchise or freehold or the validity of a statute is involved, 
and in such other cases as may be provided by law. Such Appellate 
Courts shall be held by such number of Judges of the Circuit Courts, and 
at such times and places, and in such manner as may be provided bylaw; 
but no judge shall sit in review upon cases decided by him ; nor shall said 
judges receive any additional compensation for such services. 

CIRCUIT COURTS. 

§ 12. The Circuit Courts shall have original jurisdiction of all causes 
in law and equity, and such appellate jurisdiction as is or may be provided 
by law, and shall hold two or more terms each year in every county. The 
terms of office of Judges of Circuit Courts shall be six years. 

§ 13. The State, exclusive of the county of Cook and other counties 
having a population of one hundred thousand, shall be divided into judi- 
cial circuits, prior to the expiration of the terms of office of the present 
Judges of the Circuit Courts. Such circuits shall be formed of contiguous 
counties, in as nearly compact form^ and as nearly equal as circumstances 
will permit, having due regard to business, territory and population, and 
shall not exceed in number one circuit for every one hundred thousand 



22 

of population in the State. One judge shall be elected for each of said 
circuits by the electors thereof. New circuits may be formed and the 
boundaries of circuits changed by the General Assembly at its session 
next preceding the election for Circuit Judges, but at no other time : 
Provided, that the circuits may be equalized or changed at the first session 
of the General Assembly, after the adoption of this Constitution. The 
creation, alteration or change of any circuit shall not affect the tenure in 
office of any judge. Whenever the business of the Circuit Court of any 
one or of two or more contiguous counties, containing a population 
exceeding fifty thousand, shall occupy nine months of the year, the Gen- 
eral Assembly may make of such county or counties a separate circuit. 
Whenever additional circuits are created, the foregoing limitations shall 
be observed. 

§ 14. The General Assembly shall provide for the times of holding 
court in each county, which shall not be changed, except by the General 
Assembly next preceding the general election for judges of said courts, 
but additional terms may be provided for in any county. The election 
for Judges of the Circuit Courts shall be held on the first Monday in 
June, in the year of our Lord one thousand eight hundred and seventy- 
three, and every six years thereafter. 

§ 15. The General Assembly may divide the State into judicial 
circuits of greater population and territory, in lieu of the circuits provided 
for in section thirteen of this article, and provide for the election therein, 
severally, by the electors thereof, by general ticket, of not exceeding four 
judges, who shall hold the Circuit Courts in the circuit for which they 
shall be elected, in such manner as may be provided by law. 

§ 16. From and after the adoption of this Constitution, Judges of 
the Circuit Courts shall receive a salary of three thousand dollars per 
annum, payable quarterly, until otherwise provided by law. And after 
their salaries shall be fixed by law, they shall not be increased or diminished 
during the terms for which said judges shall be, respectively, elected ; and 
from and after the adoption of this Constitution, no judge of the Supreme 
or Circuit Court shall receive any other compensation, perquisite or benefit, 
in any form whatsoever, nor perform any other than judicial duties to 
which may belong any emoluments. 

§ 1 7. No person shall be eligible to the office of judge of the 
circuit or any inferior court, or to membership in the "Board of County 
Commissioners," unless he shall be at least twenty-five years of age, and a 



23 

citizen of the United States, nor unless he shall have resided in this State 
five years next preceding his election, and be a resident of the circuit, 
county, city, cities or incorporated town in which he shall be elected. 

COUNTY COURTS. 

§ 1 8. There shall be elected in and for each county, one county 
judge and one clerk of the county court, whose terms of office shall 
be four years. But the General Assembly may create districts of two 
or more contiguous counties, in each of which shall be elected one judge, 
who shall take the place of and exercise the powers and jurisdiction of 
county judges in such districts. County courts shall be courts of 
record, and shall have original jurisdiction in all matters of probate ; 
settlement of estates of deceased persons ; appointment of guardians 
and conservators, and settlements of their accounts; in all matters 
relating to apprentices ; and in proceedings for the collection of taxes 
and assessments, and such other jurisdiction as may be provided for by 
general law. 

§ 19. Appeals and writs of error shall be allowed from final 
determinations of County Courts, as may be provided by law. 

PROBATE COURTS. 

§ 20. The General Assembly may provide for the establishment of 
a Probate Court in each county having a population of over fifty thousand, 
and for the election of a judge thereof, whose term of office shall be the 
same as that of the county judge, and who shall be elected at the same 
time and in the same manner. Said courts when established, shall have 
original jurisdiction of all probate matters, the settlement of estates of 
deceased persons, the appointment of guardians and conservators and 
settlements of their accounts, in all matters relating to apprentices, 
and in cases of the sales of real estate of deceased persons for the payment 
of debts. 

JUSTICES OF THE PEACE AND CONSTABLES. 

§ 21. Justices of the Peace, Police Magistrates and Constables shall 
be elected in and for such districts as are or may be provided by law, and 
the jurisdiction of such Justices of the Peace and Police Magistrates shall 
be uniform. 

state's ATTORNEYS. 

§ 2 2. At the election for members of the General Assembly, in the 
year of our Lord one thousand eight hundred and seventy-two, and every 
four years thereafter, there shall be elected a State's Attorney in and for 



24 

each county, in lieu of the State's Attorneys now provided bylaw, whose 
term of office shall be four years. 

COURTS OF COOK COUNTY. 

§ 23. The county of Cook shall be one judicial circuit. The Cir- 
cuit Court of Cook county shall consist of five judges, until their number 
shall be increased, as herein provided. The present Judge of the Record- 
er's Court of the city of Chicago, and the present Judge of the Circuit 
Court of Cook county, shall be two of said judges, and shall remain in 
office for the terms for which they were respectively elected, and until 
their successors shall be elected and qualified. The Superior Court of 
Chicago shall be continued, and called the Superior Court of Cook 
County. The General Assembly may increase the number of said judges, 
by adding one to either of said courts for every additional fifty thousand 
inhabitants in said county, over and above a population of four hundred 
thousand. The terms of office of the judges of said courts hereafter 
elected shall be six years. 

§ 24. The judge having the shortest unexpired term shall be 
Chief Justice of the court of which he is a judge. In case there are two or 
more whose terms expire at the same time, it may be determined by lot 
which shall be chief justice. Any judge of either of said courts shall 
have all the powers of a circuit judge, and may hold the court of which 
he is a member. Each of them may hold a different branch thereof at 
the same time. 

§ 25. The Judges of the Superior and Circuit Courts, and the State's 
Attorney in said county shall receive the same salaries, payable out of the 
State treasury, as is or may be paid from said treasury to the circuit judges 
and State's Attorneys of the State, and such further compensation, to be 
paid by the county of Cook, as is or may be provided by law ; such 
compensation shall not be changed during their continuance in office. 

§ 26. TheRecorder'sCourtof theCityof Chicagoshallbecontinued, 
and shall be called the " Criminal Court of Cook County." It shall have 
the jurisdiction of a Circuit Court, in all cases of criminal and quasi 
criminal nature, arising in the county of Cook, or that may be brought 
before said court pursuant to law ; and all recognizances and appeals taken 
in said county in criminal and quasi criminal cases shall be returnable and 
taken to said court. It shall have no jurisdiction in civil cases, except in 
those on behalf of the people, and incident to such criminal or quasi 
criminal matters, and to dispose of unfinished business. The terms of 



25 

said Criminal Court of Cook County shall be held by one or more of 
the Judges of the Circuit or Superior Court of Cook county, as nearly 
as may be in alternation, as may be determined by said Judges or provided 
by law. Said Judges shall be, ex-officio. Judges of said court. 

§ 27. The present Clerk of the Recorder's Court of the city of 
Chicago shall be the Clerk of the Criminal Court of Cook County, during 
the term for which he was elected. The present Clerks of the Superior 
Court of Chicago, and the present Clerk of the Circuit Court of Cook 
County shall continue in office during the terms for which they were 
respectively elected ; and thereafter there shall be but one Clerk of the 
Superior Court, to Jae elected by the qualified electors of said county, 
who shall hold his office for the term of four years, and until his successor 
is elected and qualified. 

§ 28. All Justices of the Peace in the City of Chicago shall be 
appointed by the Governor, by and with the advice and consent of the 
Senate (but only upon the recommendation of a majority of the Judges of 
the Circuit, Superior and County Courts), and for such districts as are now 
or shall hereafter be provided by law. They shall hold their offices for 
four years, and until their successors have been commissioned and 
qualified, but they may be removed by summary proceeding in the Circuit 
or Superior Court for extortion or other malfeasance. Existing Justices 
of the Peace and Police Magistrates may hold their offices until the ex- 
piration of their respective terms. 

GENERAL PROVISIONS. 

§ 29. All judicial officers shall be commissioned by the Governor. 
All laws relating to courts shall be general and of uniform operation ; and 
the organization, jurisdiction, powers, proceedings and practice of all 
courts, of the same class or grade, so far as regulated by law, and the force 
and effect of the process, judgments and decrees of such courts, severally, 
shall be uniform. 

§ 30. The General Assembly may, for cause entered on the journals, 
upon due notice and opportunity of defence, remove from office any 
Judge, upon concurrence of three-fourths of all the members elected, 
of each House. All other officers in this Article mentioned, shall be 
removed from office on prosecution and final conviction for misdemeanor 
in office. 

§ 31. All judges of courts of record, inferior to the Supreme 
Court, shall, on or before the first day of June of each year, report in 



2G 

writing to the Judges of the Supreme Court, such defects and omissions 
in the laws as their experience may suggest ; and the Judges of the 
Supreme Court shall, on or before the first day of January of each year, 
report in writing to the Governor such defects and omissions in the 
Constitution and laws as they may find to exist, together with appropriate 
forms of bills to cure such defects and omissions in the laws. And the 
Judges of the several Circuit Courts shall report to the next General 
Assembly the number of days they have held court in the several counties 
composing their respective circuits the preceding two years. 

§ 32. All officers provided for in this Article shall hold their offices 
until their successors shall be qualified, and they shallj respectively, reside 
in the division, circuit, county or district for which they may be elected 
or appointed. The terms of office of all such officers, where not other- 
wise prescribed in this Article, shall be four years. All officers, where 
not otherwise provided for in this Article, shall perform such duties and 
receive such compensation as is or may be provided by law. Vacancies 
in such elective offices shall be filled by election ; but where the unexpired 
term does not exceed one year, the vacancy shall be filled by appoint- 
ment, as follows: Of Judges, by the Governor; of clerks of courts, by 
the court to which the office appertains, or by the judge or judges thereof; 
and of all such other offices, by the board of supervisors or board of county 
commissioners, in the county where the vacancy occurs. 

§ 33. All process shall run. In the name of the People of the State 
of Illinois ; and all prosecutions shall be carried on In the name and by the 
authority of the People of the State of Illinois, and conclude. Against the 
peace and dignity of the same. "Population," wherever used in this Arti- 
cle, shall be determined by the next preceding census of this State or of 
the United States. 

ARTICLE VII. 

SUFFRAGE. 

Section i. Every person having resided in this State one year, in 
the county ninety days, and in the election district thirty daysnext pre- 
ceding any election therein, who was an elector in this State on the first 
day of April, in the year of our Lord one thousand eight hundred and 
forty-eight, or obtained a certificate of naturalization before any Court of 
Record in this State prior to the first day of January, in the year of our 
Lord one thousand eight hundred and seventy, or who shall be a male 
citizen of the United States, above the age of twenty-one years, shall be 
entitled to vote at such election. 



27 

§ 2. All votes shall be by ballot. 

§ 3. 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. And no elector shall be 
obliged to do military duty on the days of election, except in the time of 
war or public danger. 

§ 4. No elector shall be deemed to have lost his residence in this 
State by reason of his absence on the business of the United States or of 
this State, or in the military or naval service of the United States. 

§ 5. No soldier, seaman or marine, in the army or navy of the 
United States, shall be deemed a resident of this State in consequence of 
being stationed therein. 

§ 6. No person shall be elected or appointed to any office in this 
State, civil or military, who is not a citizen of the United States, and 
who shall not have resided in this State one year next preceding the elec- 
tion or appointment. 

§ 7. The General Assembly shall pass laws excluding from the right 
of suffrage persons convicted of infamous crimes. 

ARTICLE VIII. 

EDUCATION. 

Section i. The General Assembly shall provide a thorough and 
efficient system of free schools, whereby all the children of this State may 
receive a good common school education. 

§ 2. All lands, moneys or other property, donated, granted or re- 
ceived for school, college, seminary or university purposes, and the pro- 
ceeds thereof, shall be faithfully applied to the objects for which such gifts 
or grants were made. 

§ 3. Neither the General Assembly nor any county, city, town, 
township, school district, or other public corporation, shall ever make 
any appropriation or pay from any public fund whatever, anything in aid 
of any church or sectarian purpose, or to help support or sustain any 
school, academy, seminary, college, university or other literary or scien- 
tific institution controlled by any church or sectarian denomination what- 
ever; nor shall any grant or donation of land, money or other personal 
property ever be made by the State or any such public corporation to any 
church or for any sectarian purpose. 

§ 4. No teacher. State, county, township or district school officer 
shall be interested in the sale, proceeds or profits of any book, apparatus 



28 

or furniture, used or to be used, in any school in this State, with which 
such officer or teacher may be connected, under such penalties as may be 
provided by the General Assembly. 

§ 5. There may be a County Superintendent of Schools in each 
county, whose qualifications, powers, duties, compensation, and time and 
manner of election, and term of office, shall be prescribed by law. 

ARTICLE IX. 

REVENUE. 

Section 1. The General Assembly shall provide such revenue as 
may be needful, by levying a tax, by valuation, so that every person and 
corporation shall pay a tax in proportion to the value of his, her or its 
property — such value to be ascertained by some person or persons, to be 
elected or appointed in such manner as the General Assembly shall direct, 
and not otherwise; but the General Assembly shall have power to tax 
pedlers, auctioneers, brokers, hawkers, merchants, commission merchants, 
showmen, jugglers, inn-keepers, grocery -keepers, liquor dealers, toll 
bridges, ferries, insurance, telegraph and express interests or business, 
venders of patents, and persons or corporations, owning or using fran- 
chises and privileges, in such manner as it shall, from time to time, direct 
by general law, uniform as to the class upon which it operates. 

§ 2. The specification of the objects and subjects of taxation shall 
not deprive the General Assembly of the power to require other subjects 
or objects to be taxed, in such manner as may be consistent with the 
principles of taxation fixed in this Constitution. 

§ 3. The property of the State, counties and other municipal cor- 
porations, both real and personal, and such other property as may be used 
exclusively for agricultural and horticultural societies, for schools, religious, 
cemetery and charitable purposes, may be exempted from taxation ; but 
such exemption shall be only by general law. In the assessment of real 
estate, incumbered by public easement, any depreciation occasioned by 
such easement may be deducted in the valuation of such property. 

§ 4. The General Assembly shall provide, in all cases where it may 
be necessary to sell real estate for the non-payment of taxes or special 
assessments, for State, county, municipal or other purposes, that a return 
of such unpaid taxes or assessments shall be made to some general officer 
of the county having authority to receive State and county taxes ; and 
there shall be no sale of the said property for any of said taxes or assess- 



29 

ments, but by said officer, upon the order or judgment of some Court of 
Record. 

§ 5. The right of redemption from all sales of real estate, for the 
non-p^ment of taxes or special assessments of any character whatever, 
shall exist in favor of owners and persons interested in such real estate, 
for a period of not less than two years from such sales thereof And the 
General Assembly shall provide, by law, for reasonable notice to be given 
to the owners or parties interested, by publication or otherwise, of the 
fact of the sale of property for such taxes or assessments, and when the 
time of redemption shall expire : Provided, that occupants shall in all 
cases be served with personal notice before the time of redemption expires. 

§ 6. The General Assembly shall have no power to release or dis- 
charge any county, city, township, town or district whatever, or the 
inhabitants thereof, or the property therein, from their or its proportionate 
share of taxes to be levied for State purposes, nor shall commutation for 
such taxes be authorized in any form whatsoever. 

§ 7. All taxes levied for State purposes shall be paid into the State 
Treasury. 

§ 8. County authorities shall never assess taxes, the aggregate of 
which shall exceed seventy-five cents per one hundred dollars, valuation, 
except for the payment of indebtedness existing at the adoption of this 
Constitution, unless authorized by a vote of the people Of the county. 

§ g. The General Assembly may vest the corporate authorities of 
cities, towns and villages, with power to make local improvement by 
special assessment or by special taxation of contiguous property, or other- 
wise. For all other corporate purposes all municipal corporations may 
be vested with authority to assess and collect taxes ; but such taxes shall 
be uniform, in respect to persons and property within the jurisdiction of 
the body imposing the same. 

§ 10. The General Assembly shall not impose taxes upon municipal 
corporations, or the inhabitants or property thereof, for corporate purposes; 
but shall require that all the taxable property within the limits of munici- 
pal corporations shall be taxed for the payment of debts contracted under 
authority of law, such taxes to be uniform in respect to persons and 
property within the jurisdiction of the body imposing the same. Private 
property shall not be liable to be taken or sold for the payment of the 
corporate debts of a municipal corporation. 

§ II. No person who is in default as collector or custodian of 
money or property belonging to a municipal corporation, shall be eligible 



30 

to any office in or under such corporation. The fees, salary or com- 
pensation of no municipal officer who is elected or appointed for a 
definite term of office, shall be increased or diminished during such term. 

§ 12. No county, city, township, school district or other mu^iicipal 
corporation, shall be allowed to become indebted in any manner or for 
any purpose to an amount, including existing indebtedness, in the 
aggregate exceeding five per centum on the value of the taxable property 
therein, to be ascertained by the last assessment for State and county 
taxes, previous to the incurring of such indebtedness. Any county, city, 
school district or other municipal corporation, incurring any indebtedness 
as aforesaid, shall, before or at the time of doing so, provide for the collection 
of a direct annual tax sufficient to pay the interest on such debt as it falls 
due, and also to pay and discharge the principal thereof within twenty 
years from the time of contracting the same. 

This section shall not be construed to prevent any county, city, 
township, school district or other municipal corporation, from issuing their 
bonds in compliance with any vote of the people which may have been 
had prior to the adoption of this Constitution in pursuance of any 
law providing therefor. 

ARTICLE X. 

COUNTIES. 

Section i. No new county shall be formed or established by the 
General Assembly, which will reduce the county or counties, or either 
of them, from which it shall be taken, to less contents than four hundred 
square miles ; nor shall any county be formed of less contents ; nor shall 
any line thereof pass within less than ten miles of any county seat of the 
county or counties proposed to be divided. 

§ 2. No county shall be divided, or have any part stricken therefrom, 
without submitting the question to a vote of the people of the county, 
nor unless a majority of all the legal voters of the county voting on the 
question, shall vote for the same. 

§ 3. There shall be no territory stricken from any county unless a 
majority of the voters living in such territory shall petition for such 
division ; and no territory shall be added to any county without the 
consent of the majority of the voters of the county to which it is 
proposed to be added. But the portion so stricken off and added to 
another county, or formed in whole or in part into a new county, shall be 
holden for, and obliged to pay its proportion of the indebtedness of the 
county from which it has been taken. 



31 

COUNTY SEATS. 

§ 4. No county seat shall be removed until the point to which it is 
proposed to be removed shall be fixed in pursuance of law, and a 
majorit)'- of the voters of the county, to be ascertained in such manner 
as shall be provided by general law, shall have voted in favor of its 
removal to such point ; and no person shall vote on such question who 
has not resided in the county six months, and in the election precinct 
ninety days next preceding such election. The question of the removal 
of a county seat shall not be oftener submitted than once in ten years, to 
a vote of the people. 

COUNTY GOVERNMENT. 

§ 5. The General Assembly shall provide, by general law, for 
township organization, under which any county may organize whenever 
a majority of the legal voters of such county, voting at any general 
election, shall so determine ; and whenever any county shall adopt town- 
ship organization, so much of this Constitution as provides for the 
management of the fiscal concerns of the said county by the Board of 
County Commissioners may be dispensed with, and the affairs of said 
county may be transacted in such manner as the General Assembly may 
provide. And in any county that shall have adopted a township 
organization, the question of continuing the same may be submitted to a 
vote of the electors of such county at a general election, in the manner 
that now is or may be provided by law ; and if a majority of all the votes 
cast upon that question shall be against township organization, then such 
organization shall cease in said county ; and all laws in force in relation 
to counties not having township organization, shall immediately take 
effect and be in force in such county. No two townships shall have 
the same name, and the day of holding the annual township meeting 
shall be uniform throughout the State. 

§ 6. At the first election of County Judges under this Constitution, 
there shall be elected in each of the counties in this State, not under 
township organization, three officers, who shall be styled "The Board of 
County Commissioners," who shall hold sessions for the transaction of 
county business as shall be provided by law. One of said commissioners 
shall hold his office for one year, one for two years, and one for three 
years, to be determined by lot ; and every year thereafter one such officer 
shall be elected in each of said counties for the term of three years. 

§ 7. The county affairs of Cook county shall be managed by a Board 
of Commissioners of fifteen persons, ten of whom shall be elected from 



33 

the city of Chicago, and five from towns outside of said city, in such 
manner as may be provided by law. 

COUNTY OFFICERS AND THEIR COMPENSATION. 

§ 8. In each county there shall be elected the following county 
officers : County Judge, Sheriff, County Clerk, Clerk of the Circuit Court, 
(who rnay be ex-officio Recorder of Deeds, except in counties having sixty 
thousand and more inhabitants, in which counties a Recorder of Deeds 
shall be elected at the general election in the year of our Lord one 
thousand eight hundred and seventy-two,) Treasurer, Surveyor and Coro- 
ner, each of whom shall enter upon the duties of his office, respectively, 
on the first Monday of December after their election ; and they shall hold 
their respective offices for the term of four years, except the Treasurer, 
Sheriff and Coroner, who shall hold their offices for two years and until 
their successors shall be elected and qualified. 

§ 9. The clerks of all the courts of record, the Treasurer, Sheriff, 
Coroner and Recorder of Deeds of Cook county, shall receive, as their 
only compensation for their services, salaries to be fixed by law, which 
shall in no case be as much as the lawful compensation of a Judge of the 
Circuit Court of said county, and shall be paid, respectively, only out of 
the fees of the office actually collected. All fees, perquisites and emolu- 
ments (above the amount of said salaries) shall be paid into the county 
treasury. The number of the deputies and assistants of such officers shall 
be determined by rule of the Circuit Court, to be entered of record, and 
their compensation shall be determined by the County Board. 

§ 10. The County Board, except as provided in section nine of this 
article, shall fix the compensation of all county officers, with the amount 
of their necessary clerk hire, stationery, fuel and other expenses, and in 
all cases where fees are provided for, said compensation shall be paid only 
out of, and shall in no instance exceed the fees actually collected ; they 
shall not allow either of them more per annum than fifteen hundred dol- 
lars, in counties not exceeding twenty thousand inhabitants ; two thousand 
dollars in counties containing twenty thousand and not exceeding thirty 
thousand inhabitants ; twenty-five hundred dollars in counties containing 
thirty thousand and not exceeding fifty thousand inhabitants ; three 
thousand dollars in counties containing fifty thousand and not exceeding 
seventy thousand inhabitants ; thirty-five hundred dollars in counties con- 
taining seventy thousand and not exceeding one hundred thousand inhab- 
itants ; and four thousand dollars in counties containing over one hundred 
thousand and not exceeding two hundred and fifty thousand inhabitants ; 



S3 

and not more than one thousand dollars additional compensation for each 
additional one hundred thousand inhabitants : Froviiieii, that the com- 
pensation of no officer shall be increased or diminished during his term 
of ofiSce. All fees or allowances by them received, in excess of their 
said compensation, shall be paid into the county treasury. 

§ II. The fees of township officers, and of each class of county 
officers, shall be uniform in the class of counties to which they respectively 
belong. The compensation herein provided for shall apply only to offi'jers 
hereafter elected, but all fees established by special laws shall cease at the 
adoption of this Constitution, and such officers shall receive only such 
fees as are provided by general law. 

§ 12. All laws fixing the fees of State, county and township officers 
shall terminate with the terms, respectively, of those who may be in office 
at the meeting of the first General Assembly after the adoption of this 
Constitution ; and the General Assembly shall, by general law, uniform 
in its operation, provide for and regulate the fees of said officers and their 
successors, so as to reduce the same to a reasonable compensation for ser- 
vices actually rendered. But the General Assembly may, by general law, 
classify the counties by population into not more than three classes, and 
regulate the fees according to class. 

This article shall not be construed as depriving the Gsneral Assembly 
of the power to reduce the fees of existing officers. 

§ 13. Every person who is elected or appointed to any office in thi.-. 
State, who shall be paid in whole or in part by fees, shall be required by 
law to make a semirannual report, under oath, to some officer to be deii^- 
nated by law, of all his fees and emoluments. 

ARTICLE XI. 

CORPORATIONS. 

Section i. Na corporation shall be created by special laws, or its 
charter extended, changed or amended, except those for charitable, edu- 
cational, penal or reformatory purposes, which are to be aid remain under 
the patronage and control of the State; but the General Assembly shall 
provide, by general laws, for the organization of all corporations hereafter 
to be created. 

§ 2. All existing charters or grants of special or exclusive privi- 
leges, under which organization shall not have taken place, or which sha'.l 
not have been in operation within ten days from the time this Constitu- 
tion takes effect, shall thereafter have no validity or effjct whatever. 
5 



34 

§ 3- The General Assembly shall provide, by law, that in all elec- 
tions for directors or managers of incorporated companies, every stock- 
holder shall have the right to vote, in person or by proxy, for the number 
of shares of stock owned by him, for as many persons as there are direc- 
tors or managers to be elected, or to cumulate said shares, and give one 
candidate as many votes as the number of directors, multiplied by the 
number of his shares of stock, shall equal, or to distribute them on the 
same principle among as many candidates as he shall think fit ; and such 
directors or managers shall not be elected in an/ other manner. 

§ 4. No law shall be passed by the General Assembly, granting the 
right to construct and operate a Street Railroad within any city, town, or 
incorporated village, without requiring the consent of the local authori- 
ties having the control of the street or highway proposed to be occupied 
by such Street Railroad. 

BANKS. 

§ 5. No State Bank shall hereafter be created, nor shall the State 
own or be liable for any stock in any corporation or joint stock company 
or association for banking purposes, now created, or to be hereafter 
created. No act of the General Assembly authorizing or creating cor- 
porations or associations, with banking powers, whether of issue, deposit 
or discount, nor amendments thereto, shall go into effect or in any manner 
be in force, unless the same shall be submitted to a vote of the people at 
the general election next succeeding the passage of the same, and be ap- 
proved by a majority of all the votes cast at such election for or against 
such law. 

§ 6. Every stockholder in a banking corporation or institution 
shall be individually responsible and liable to its creditors, over and 
above the amount of stock by him or her held, to an amount equal to his 
or her respective shares so held, for all its liabilities accruing while he or 
she remains such stockholder. 

§ 7. The suspension of specie pa.yments by banking institutions, 
on their circulation, created by the laws of this State, shall never be per- 
mitted or sanctioned. Every banking association, now or which may 
hereafter be organized under the laws of this State, shall make and pub- 
lish a full and accurate quarterly statement of its affairs, (which shall be 
certified to, under oath, by one or more of its officers) as may be pro- 
vided by law. 

§ 8. If a general banking law shall be enacted, it shall provide for 
the registry and countersigning, by an officer of State, of all bills or 



35 

paper credit, designed to circulate as money, and require security, to the 
full amount thereof, to be deposited with the State Treasurer, in United 
States or Illinois State Stocks, to be rated at ten per cent, below their 
par value ; and in case of the depreciation of said stocks to the amount 
of ten per cent, below par, the bank or banks owning said stocks shall be 
required to make up said deficiency, by depositing additional stocks. 
And said law shall also provide for the recording of the names of all 
stockholders in such corporations, the amount of stock held by each, the 
time of any transfer thereof, and to whom such transfer is made. 

RAILROADS. 

§ 9. Every railroad corporation organized or doing business in this 
State under the laws or authority thereof, shall have and maintain a 
public office or place in this State for the transaction of its business, 
where transfers of stock shall be made, and in which shall be kept, for 
public inspection, books, in which shall be recorded the amount of capital 
stock subscribed, and by whom ; the names of the owners of its stock, and 
the amounts owned by them respectively ; the amount of stock paid in 
and by whom ; the transfers of said stock ; the amount of its assets and 
liabilities, and the names and place of residence of its officers. The direc- 
tors of every railroad corporation shall annually make a report, under oath, 
to the Auditor of Public Accounts, or some officer to be designated by 
law, of all their acts and doings, which report shall include such matters 
relating to railroads as may be prescribed by law. And the General 
Assembly shall pass laws enforcing, by suitable penalties, the provisions 
of this section. 

§ 10. The rolling stock, and all other movable property belonging 
to any railroad company or corporation in this State, shall be considered 
personal property, andvshall be liable to execution and sale in the same 
manner as the personal property of individuals, and the General Assembly 
shall pass no law exempting any such property from execution and sale. 

§ II. No railroad corporation shall consolidate its stock, property 
or franchises with any other railroad corporation owning a parallel or 
competing line ; and in no case shall any consolidation take place except 
upon public notice given, of at least sixty days, to all stockholders, in 
such manner as may be provided by law. A majority of the directors of 
any railroad corporation now inoorporated or hereafter to be incorporated 
by the laws of this State, shall be citizens and residents of this State. 

§ 12. Railways heretofore constructed or that may hereafter be 
constructed in this State are hereby declared Public Highways, and shall 



b:; free to all psrsoni for the transportation of their persons and property 
thereon, under such regulations as may be prescribed by law. And the 
(}3ieral Aiiembly shall, f.-om time to time, pass laws establishing reason- 
able maximum rates of charges for the transportation of passengers and 
freight on the di.Terent railroads in this State. 

§ 13. No railroad corporation shall issue any stock or bonds, except 
for money, lalior or property actually received and applied to the pur- 
poses for which such corporation was created ; and all stock dividends, and 
other! fictitious increase of the capital stock or indebtedness of any such 
corporation, shall be void. The capital stock of no railroad corporation 
shall be increased for any purpose, except upon giving sixty days' public 
notice, in such manner as may be provided by law. 

§ 14. The exercise of the power and the right of eminent domain 
shall never be so construed or abridged as to prevent the taking, by the 
General Assembly, of the property and franchises of incorporated com- 
panies already organized, and subjecting them to the public necessity the 
same as of individuals. The right of trial by jury shall be held inviolate 
in all trials of claims for compensation, when, in the exercise of the said 
right of eminent domain, any incorporated company shall be interested 
either foi* or against the exercise of said right. 

§ I j. The General Assembly shall pass laws to correct abuses and 
prevent unjust discrimination and extortion in the rates of freight and 
passenger tariffs on the different railroads in this State, and enforce such 
laws by adequate penalties to the extent, if necessary for that purpose, o'f 
forfeiture of their property and franchises. 

ARTICLE XII. 

m:l!t:a. 

Cection I. The militia of the State of Illinois shall consist of all 
able-bodied male persons, resident in the State, between the ages of eigh- 
teen and forty-five, except such persons as now are or hereafter may be 
exempted by the laws of the United States, or of this State. 

§ 2. The General Assembly in providing for the organization, equip- 
ment and discipline of the militia, shall conform as nearly as practicable 
to the regulations for the government of the armies of the United States. 

§ 3. All militia officers shall be commissioned by the Governor, and 
may hold their commissions for such time as the General Assembly may 
provide. 



sr 

§ 4. The militia shall, in all cases, except treason, felony or breach 
of the peace, be privileged from arrest during their attendance at musters 
and elections, and in going to and returning from the same. 

§ 5. The military records, banners and relics of the State, shall be 
preserved as an enduring memorial of the patriotism and valor of Illinois, 
and it shall be the duty of the General Assembly to provide by law for 
the safe keeping of the same. 

§ 6. No person having conscientious scruples against bearing arms, 
shall be compelled to do militia duty in time of peace : Provided, such 
person shall pay an equivalent for such exemption. 

ARTICLE XIII. 

WAREHOUSES. 

Section i. All elevators or storehouses where grain or other property 
is stored for a compensation, whether the property stored be kept separated 
or not, are declared to be public warehouses. 

§ 2. The owner, lessee or manager of each and every public ware- 
house situated in any town or city of not less than one hundred thousand 
inhabitants, shall make weekly statements under oath, before some officer 
to be designated by law, and keep the same posted in some conspicuous 
place in the office of such warehouse, and shall also file a copy for public 
examination in such place as shall be designated by law, which statement 
shall correctly set forth the amount and grade of each and every kind of 
grain in such warehouse, together with such other property ai may be 
stored therein, and what warehouse receipts have been issued and are, at 
the time of making such sta!tement, outstanding therefor ; and shall, on 
the copy posted in the warehouse, note daily such changes as may be made 
in the quantity and grade of grain in such warehouse ; and the different , 
grades of grain shipped in separate lots, shall not be mixed with inferior 
or superior grades without the consent of the owner or consignee thereof. 

§ 3. The owners of property stored in any warehouse, or holder of 
a receipt for the same, shall always be at liberty to examine such property 
stored, and all the books and records of the warehouse, in regard to such 
property. 

§ 4. All railroad companies and other common carriers on railroads, 
shall weigh or measure grain at points where it is shipped, and receipt for 
the full amount, and shall be responsible for the delivery of such amount 
to the owner or consignee thereof, at the place of destination. 



S8 

§ 5. All railroad companies receiving and transporting grain in bulk 
or otherwise shall deliver the same to any consignee thereof, or any eleva- 
tor or public warehouse to which it may be consigned, provided such con- 
signee or the elevator or public warehouse can be reached by any track 
owned, leased or used, or .which can be used by such railroad compa- 
nies ; and all railroad companies shall permit connections to be made 
with their track, so that any such consignee and any public warehouse, 
coal bank or coal yard may be reached by the cars on said railroad. 

§ 6. It shall be the duty of the General Assembly to pass all neces- 
sary laws to prevent the issue of false and fraudulent warehouse receipts, 
and to give full effect to this Article of the Constitution, which shall be 
liberally construed so as to protect producers and shippers. And the enu- 
meration of the remedies herein named shall not be construed to deny 
to the General Assembly the power to prescribe by law such other and 
further remedies as may be found expedient, or to deprive any person of 
existing common law remedies. 

§ 7. The General Assembly shall pass laws for the inspection of 
grain, for the protection of producers, shippers and receivers of grain 
and produce. 

ARTICLE XIV. 

AMENDMENTS TO THE CONSTITUTION. 

Section i. Whenever two-thirds of the members of each House 
of the General Assembly shall, by a vote entered upon the journals 
thereof, concur that a Convention is necessary to revise, alter or amend 
the Constitution, the question shall be submitted to the electors at the 
next general election. If a majority voting at the election vote for a 
Convention, the General Assembly shall, at the next session, provide for 
a Convention, to consist of double the number of members of the Senate, 
to be elected in the same manner, at the same places, and in the same 
districts. The General Assembly shall, in the act calling the Convention, 
designate the day, hour, and place of its meeting, fix the pay of its mem- 
bers and officers, and provide for the payment of the same, together with 
the expenses necessarily incurred by the Convention in the performance 
of its duties. Before proceeding, the members shall take an oath to sup- 
port the Constitution of the United States, and of the State of Illinois, 
and to faithfully discharge their duties as members of the Convention. 
The qualification of members shall be the same as that of members of the 
Senate, and vacancies occurring shall be filled in the manner provided for 
filling vacancies in the General Assembly. Said Convention shall meet 



39 

within three months after such election, and prepare such revision, altera- 
tion or amendments of the Constitution as shall be deemed necessary, 
which shall be submitted to the electors for, their ratification or rejection, 
at an election appointed by the Convention for that purpose, not less than 
two nor more than six months after the adjournment thereof ; and unless 
so submitted and approved by a majority of the electors voting at the 
election, no such revision, alterations, or amendments, shall take effect. 
§ 2. Amendments to the Constitution may be proposed in either 
House of the General Assembly, and if the same shall be voted for, by 
two-thirds of all the members elected to each of the two Houses, such 
proposed amendments, together with the yeas and nays of each House 
thereon, shall be entered in full on their respective journals, and said 
amendments shall be submitted to the electors of this State for adoption 
or rejection, at the next election of members of the General Assembly, 
in such manner as may be prescribed by law. The proposed amendments 
shall be published in full at least three months preceding the election, 
and if a majority of the electors voting at said election shall vote for the 
proposed amendments, they shall become a part of this Constitution. 
But the General Assembly shall have no power to propose amendments 
to more than one Article of this Constitution at the same session, nor to 
the same Article oftener than once in four years. 



SECTIONS SEPARATELY SUBMITTED. 

ILLINOIS CENTRAL RAILROAD. 

No contract, obligation or liability whatever, of the Illinois Central 
Railroad Company to pay any money into the State Treasury, nor any 
lien of the State upon or right to tax property of said Company, in 
accordance with the provisions of the charter of said Company, approved 
February loth, A. D. 1851, shall ever be released, suspended, modified, 
altered, remitted or in any manner diminished or impaired by legislative 
or other authority ; and all moneys derived from said Company after the 
payment of the State debt, shall be appropriated and set apart for the 
payment of the ordinary expenses of the State Government, and for no 
other purposes whatever. 

MINORITY REPRESENTATION. 

The House of Representatives shall consist of three times the num- 
ber of the members of the Senate, and the term of office shall be two 
years. Three Representatives shall be elected in each Senatorial District 



40 

at the general election in the year of our Lord 1872, and every twp 
years thereafter. In all elections of Representatives aforesaid, each 
qualified voter may cast as many votes for one candidate as there are 
Representatives to be elected, or may distribute the same, or equal parts 
thereof, among the candidates, as he shall see fit, and the candidates 
highest in votes shall be declared elected. 

MUNICIPAL, SUBSCRIPTIONS TO RAILROAD OR PRIVATE CORPORATIONS. 

No county, city, town, township, or other municipality, shall ever 
become subscriber to the capital stock of any railroad or private corpora- 
tion, or make donation to, or loan its credit in aid of such corporation: 
Provided, however, that the adoption of this Article shall not be construed 
as affecting the right of any such municipality to make such subscriptions 
where the same have been authorised, under existing laws, by a vote of 
the people of such municipalities prior to such adoption. 

CANAL. 

The Illinois and Michigan Canal shall never be sold or leased until 
the specific proposition for the sale or lease thereof shall first have been 
submitted to a vote of the people of the State, at a general election, and 
have been approved by a majority of all the votes polled at such election. 

The General Assembly shall never loan the credit of the State, or 
make appropriations from the Treasury thereof, in aid of railroads or 
canals : Provided, that any surplus earnings of any canal may be appro- 
priated for its enlargement or extension. 



SCHEDULE. 

That no inconvenience may arise from the alterations and amend- 
ments made in the Constitution of this State, and to carry the same into 
complete effect, it is hereby ordained and declared : 

Section i. ^That all laws in force at the adoption of this Constitu- 
tion, not inconsistent therewith, and all rights, actions, prosecutions, claims 
and contracts of this State, individuals or bodies corporate, shall continue 
to be as valid as if this Constitution had not been adopted. 

§ 2. That all fines, taxes, penalties and forfeitures, due and owing 
to the State of Illinois under the present Constitution and laws, shall inure 
to the use of the people of the State of Illinois under this Constitution. 

§ 3. Recognizances, bonds, obligations, and all other instruments 
entered into or executed before the adoption of this Constitution, to the 



41 

people of the State of Illinois, to any State or county officer or public 
body, shall remain binding and valid, and rights and liabilities upon the 
same shall continue ; and all crimes and misdemeanors shall be tried and 
punished as though no change had been made in the Constitution of 
this State. 

§ 4. County Courts, for the transaction of county business in coun- 
ties not having adopted township organization, shall continue in exist- 
ence, and exercise their present jurisdiction until the board of county 
commissioners provided in- this Constitution, is organized in pursuance of 
an act of the General Assembly; and the County Courts in all other 
counties shall have the same power and jurisdiction they now possess, 
until otherwise provided by general law. 

§ 5. All existing courts which are not in this Constitution specifi- 
cally enumerated, shall continue ih existence and exercise their present 
jurisdiction until otherwise provided by law. 

§ 6. All persons now filling any ofi[ice or appointment, shall con- 
tinue in the exercise of the duties thereof, according to their respective 
commissions or appointments, unless by this Constitution it is otherwise 
directed. 

§ 7. On the day this Constitution is submitted to the people for 
ratification, an election shall be held for Judges of the Supreme Court in 
the second, third, sixth and seventh judicial election districts designated 
in this Constitution, and for the election of three Judges of the Circuit 
Court in the county of Cook, as provided for in the Article of this Con- 
stitution relating to the Judiciary; at which election, every person enti- 
tled to vote according to the terms of this Constitution, shall be allowed 
to vote, and the election shall be otherwise conducted, returns made and 
certificates issued, in accordance with existing laws, except that no registry 
shall be required at said election : Provided, that at said election in the 
county of Cook no elector shall vote for more than two candidates for 
Circuit Judge. If, upon canvassing the votes for and against the adop- 
tion of this Constitution, it shall appear that there has been polled a 
greater number of votes against than for it, then no certificates of election 
shall be issued for any of said Supreme or Circuit Judges. 

§ 8. This Constitution shall be submitted to the people of the State 
of Illinois for adoption or rejection, at an election to be held on the first 



42 

Saturday in July, A. D. 1870, and there shall be separately submitted at 
the same time, for adoption or rejection, 

Sections 9, 10, 11, 12, 13, 14 and 15, relating to railroads, in the 
Article entitled Corporations; 

The Article entitled Counties; 

The Article entitled Warehouses; 

The question of requiring a three-fifths vote to remove a county seat ; 

The section relating to the Illinois Central Railroad ; 

The section in relation to Minority Representation ; 

The section relating to Municipal Subscriptions to Railroads or Pri- 
vate Corporations, and 

The section relating to the Canal. 

Every person entitled to vote under the provisions of this Constitu- 
tion, as defined in the Article in relation to "Suffrage," shall be entitled 
to vote for the adoption or rejection of this Constitution, and for or 
against the articles, sections and questions aforesaid, separately submitted ; 
and the said qualified electors shall vote at the usual places of voting, 
unless otherwise provided, and the said elections shall be conducted, and 
returns thereof made, according to the laws now in force regulating gen- 
eral elections, except that no registry shall be required at said election : 
Provided, however, that the polls shall be kept open for the reception of 
ballots until sunset of said day of election. 

§ 9. The Secretary of State shall, at least twenty days before said 
election, cause to be delivered to the county clerk of each county, 
blank poll-books, tally-lists, and forms of return, and twice the number 
of properly prepared printed ballots for the said election that there are 
voters in such county, the expense whereof shall be audited and paid as 
other public printing ordered by the Secretary of State is, by law, required 
to be audited and paid ; and the several county clerks shall, at least five 
days before said election, cause to be distributed to the board of election, 
in each election district, in their respective counties, said blank poll-books, 
tally-lists, forms of return, and tickets. 

§ 10. At the said election the ballots shall be in the following form : 

New Constitution Ticket. 
For all the propositions on this ticket which are not cancelled with 
ink or pencil ; and against all which are so cancelled. 

For the new Constitution. ^ 

For the sections relating to Railroads in the Article entitled Corpo- 
rations. 



43 

For the Article entitled Counties. 

For the Article entitled Warehouses. 

For a three-fifths vote to remove County Seats. 

For the section relating to the Illinois Central Railroad. ^ 

For the section relating to Minority Representation. 

For the section relating to Municipal Subscriptions to Railroads or 
Private Corporations. 

For the section relating to the Canal. 

Each of said tickets shall be counted as a vote cast for each proposi- 
tion thereon not cancelled with ink or pencil and against each proposition 
so cancelled, and returns thereof shall be made accordingly by the Judges 
of Election. 

§ II. The returns of the whole vote cast, and of the votes for the 
adoption or rejection of this Constitution, and for or against the Articles 
and sections respectively submitted, shall be made by the several county 
clerks, as is now provided by law, to the Secretary of State, within twenty 
days after the election ; and the returns of the said votes shall, within 
five days thereafter, be examined and canvassed by the Auditor, Treasurer 
and Secretary of State, or any two of them, in the presence of the Gov- 
ernor, and proclamation shall be made by the Governor, forthwith, of the 
result of the canvass. 

§ 12. If it shall appear that a majority of the votes polled are " for 
the new Constitution," then so much of this Constitution as was not 
separately submitted to be voted on by Articles and Sections, shall be the 
supreme law of the State of Illinois, on and after Monday, the 8th day 
of August, A. D. 1870 ; but if it shall appear that a majority of the votes 
polled were "against the new Constitution," then so much thereof as 
was not separately submitted to be voted on by Articles and Sections shall 
be null and void. If it shall appear that a majority of the votes polled 
are "for the sections relating to railroads in the Article entitled 'Corpo- 
rations,' " sections 9, 10, 11, 12, 13, 14 and 15, relating to railroads in 
the said Article, shall be a part of the Constitution of this State ; but if 
a majority of said votes are against such sections, they shall be null and 
void. If a majority of the votes polled are "for the Article entitled 
'Counties,' " such Article shall be a part of the Constitution of this State, 
and shall be substituted for Article VII, in the present Constitution, 
entitled "Counties;" but if a majority of said votes are against such 
Article, the same shall be null and void. If a majority of the votes polled 
are for the Article entitled " Warehouses," such Article shall be a part of 



44 

the Constitution of this State ; but if a majority of the votes are against 
said Article, the same shall be null and void. If a majority of the votes 
polled are for either of the sections separately submitted, relating respect- 
ively to the "Illinois Central Railroad," "Minority Representation," 
"Municipal Subscriptions to Railroads or, Private Corporations," and 
the "Canal," then such of said sections as shall receive such majority, 
shall be a part of the Constitution of this State ; but each of said sections 
so separately submitted, against which, respectively, there shall be a 
majority of the votes polled, shall be null and void : Provided, that the 
section relating to "Minority Representation," shall not be declared 
adopted unless the portion of the Constitution not separately submitted 
to be voted on by articles and sections, shall be adopted ; and in case 
said section relating to "Minority Representation," shall become a por- 
tion of the Constitution, it shall be substituted for sections 7 and 8 of 
the Legislative Article. If a majority of the votes cast at such election 
shall be for a three-fifths vote to remove a county seat, then the words "a 
majority " shall be stricken out of section four of the Article on counties, 
and the words " three-iifths " shall be inserted in lieu thereof; and the fol- 
lowing words shall be added to said section, to wit: "But when an 
attempt is made to remove a county seat to a point nearer to the centre 
of a county, then a majority vote only shall be necessary." If the fore- 
going proposition shall not receive a majority of the votes, as aforesaid, 
then the same shall have no effect whatever. 

§ 13. Immediately after the adoption of this Constitution the Gov- 
ernor and Secretary of State shall proceed to ascertain and fix the appor- 
tionment of the State for members of the first House of Representatives 
under this Constitution. The apportionment shall be based upon the 
Federal census of the year of our Lord 1870, of the State of Illinois, and 
shall be made strictly in accordance with the rules and principles announced 
in the article on the Legislative Department of this Constitution : Provided, 
that in case the Federal census aforesaid can not be ascertained prior to 
Friday, the 23d day of September, A. D. 1870, then the said apportion- 
ment shall be based on the State census of the year of our Lord 1865, in 
accordance with the rules and principles aforesaid. The Governor shall, 
on or before Wednesday, the 28th day of September, A. D. 1870, make 
official announcement of the said apportionment, under the great seal of 
the State ; and 100 copies thereof, duly certified, shall be forthwith trans- 
mitted by the Secretary of State to each county clerk for distribution. 

§ 14. The districts shall be regularly numbered, by the Secretary of 



45 

State, commencing with Alexander county as No. i, and proceeding thence 
northwardly throiigh the State, and terminating with the county of Cook ; 
but no county shall be numbered as more than one district, except the 
county of Cook, which shall constitute three districts, each embracing 
the territory contained in th« now existing Representative Districts of said 
county. And on the Tuesday after the grst Monday in November, A. D. 
1870, the members of the first House of Representatives under this Con- 
stitution shall be elected according to the apportionment fixed and an- 
nounced as aforesaid, and shall hold their offices for two years, and until 
their successors shall be elected and qualified. 

§ 15. The Senate, at its first session under this Constitution, shall 
consist of fifty members, to be chosen as follows : At the general election 
held on the first Tuesday after the first Monday of November, A. D. 1870, 
two Senators shall be elected in districts where the term of Senators ex- 
pire on the first Monday of January, A. D. 1871, or where there shall be 
a vacancy, and in the remaining districts one Senator shall be elected. 
Senators so elected shall hold their office two years. 

§ 16. The General Assembly, at its first session held after the adop- 
tion of this Constitution, shall proceed to apportion the State for members 
of the Senate and House of Representatives, in accordance with the pro- 
visions of the Article on the Legislative Department. 

§ 17. When this Constitution shall be ratified by the people, the 
Governor shall forthwith, after having ascertained the fact, issue writs of 
election to the sheriffs of the several counties of this State, or in case of 
vacancies, to the coroners, for the election of all the officers, the time of 
whose election is fixed by this Constitution or schedule, and it shall be 
the duty of said sheriffs or coroners to give such notice of the time 
and place of said election as is now prescribed by law. 

§ 18. All laws of the State of Illinois, and all official writings, and 
the Executive, Legislative and Judicial proceedings, shall be conducted, 
preserved and published in no other than the English language. 

§ 19. The General Assembly shall pass all laws necessary to carry 
into effect the provisions of this Constitution. 

§ 20. The Circuit Clerks of the different counties having -a popula- 
tion over sixty thousand, shall continue to be Recorders {eic officio) for 
their respective counties, under this Constitution, until the expiration of 
their respective terms. 
7 



46 

§ 21. The Judges of all Courts of Record in Cook county shall, in 
lieu of any salary provided for in this Constitution, receive the compen- 
sation now provided by law until the adjournment of the first session of 
the General Assembly, after the adoption of this Constitution. 

§ 22. The present Judge of the Circuit Court of Cook county shall 
continue to hold the Circuit Court of Lake county until otherwise pro- 
vided by law. 

§ 23. When this Constitution shall be adopted, and take effect as 
the supreme law of the State of Illinois, the two-mill tax provided to be 
annually assessed and collected upon each dollar's worth of taxable prop- 
erty, in addition to all other taxes, as set forth in Article 15 of the now 
existing Constitution, shall cease to be assessed after the year of our 
Lord 1870. 

§ 24. Nothing contained in this Constitution shall be so construed 
as to deprive the General Assembly of power to authorize the city of 
Quincy to create any indebtedness for railroad or municipal purposes for 
which the people of said city shall have voted, and to which they shall 
have given, by such vote, their assent prior to the 13th day of December, 
A. D. 1869 : Provided, that no such indebtedness, so created, shall in any 
part thereof be paid by the State, or from any State revenue, tax or fund, 
but the same shall be paid, if at all, by the said city of Quincy alone, and 
by taxes to be levied upon the taxable property thereof: And frovided, 
further, that the General Assembly shall have no power in the premises 
that it could not exercise under the present Constitution of this State. 

§ 25. In case this Constitution and the Articles and Sections sepa- 
rately submitted, be adopted, the existing Constitution shall cease in all 
its provisions; and in case this Constitution be adopted, and any one or 
more of the articles or sections submitted separately, be defeated, the pro- 
visions of the existing Constitution, if any, on the same subject, shall re- 
main in force. 

§ 26. The provisions of this Constitution required to be executed 
prior to the adoption or rejection thereof, shall take effect and be in force 
immediately. 

Done in Convention, at the Capitol, in the city of Springfield, on 
the 13th day of May, in the year of our Lord one thousand eight hundred 
and seventy, and of the Independence of the United States of America 
the ninety-fourth.