USA > Illinois > Washington County > History of Washington County, Illinois > Part 27
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Ashley
Ashley Biksmith, Wagon & Plow Fairfield Co., O. 1858
Lee, Mrs. Amanda
Richview
Richv.
Minister & J. P.
Kentucky
1832
( Shreve, Mrs. H. A.
Wife of G. W. S.
Hancock Co. III. 1858
Lowe, Mrs. Mary A.
Wife of G. L.
1843
" Smith, G. W.
Mfr Earthen Ware, etc.
Ohio
1858
Lucas, H. B.
Physician and Surgeon
=
1855
Smith, Mrs. Clara D.
Wife of G. W. S.
Hamilton Co. Il. 1866
Lucas, Mrs. Luna
Wife of H. B. L.
Tenn.
1855
[ Seibert, Peter
Sec. 29 Farmer & Stock Raiser 39 Wife of P. S.
Germany
1865
Lane, Mrs. Nancy
36|Wife of P. L.
Randolph Co. Il. 1858
Skillman, Joe
34 Farmer & Stock Raiser 34 Wife of J. S.
New Jersey
1866
S Logan, John A.
23 Farmer and Stock Raiser
Blount Co., Ten. 1849
Wash'n Co., Ill. 1843
Smith, James
27 Farmer
Levalley, Wm. H.
=
16 Farmer
Green Co., O. «
1832
Smith, Mrs. Laura Jane
27 Wife of J. Smith
1825
Levalley, Mrs. Sarah
3
16 Wife of W. H. L.
1844
Thompson, G. W.
3
Ashley Physician & Surgeon 4
Moore, Thomas W.
Attorney-at-Law.
Wash'n Co., Ill. 1841 Ohio
1856
Thompson, Mrs. M. A. Wheeles, Reuben
Ashley
25 Farmer & Stock Raiser 25 Wife of R. W.
Wash'n Co., Ill. 1820
Morgan, Mrs. Ruith
Wife of S. M.
Mouroe Co., Ill. 1845
Wheeles, Mrs. Lucinda
Richview
Kentucky
1858
Mundinger, Mrs. C.
32 Wife of L. M.
Austria
1864
Willis, Mrs. Matilda
=
Richv. Postmaster & Merchant Wife of B. F. W.
Illinois
1858
Moore, James H.
Ashley Engineer
Indiana
1867
Whittenberg, E.
Sec. 9|Farmer & Stock Raiser
Wash'n Co., Ill. 1843 1864 East Tennessee Tennessee 1840
Nichols, Mrs. Frances J
Wife of P. W. N.
1832
Whittenberg, Mrs. C.
7 Wife of H. G. W.
1839
Niederhofer, Philip
=
Sec. 15 Farmer & Stock Raiser 15 Wife of P. N.
Germany
1865
[ White, Dan.
Ashley
18 Farmer & Stock Raiser
Wash'n Co., II. 1844
Niederhofer, Mrs. N.
Wash'n Co., Ill. 1852
White, Mrs. Carrie
18 Wife of Dan W.
1852
y O' Bryant, A. W.
Ashley Ed. & Pub. of Ashley Gas. Alabama
1876
S White, James R.
29 Farmer & Stock Raiser
St. Clair Co., Ill. 1818
(O'Bryant, Mrs. Maggie
=
Wife of A. W. O'B.
Illinois 1876
White, Mrs. Sarah W.
29 Wife of J. R. W.
Wash'n Co., In1. 1825
[Patterson, Wm. A.
St. Clair Co., Ill. 1826
[ Wheeles, John H.
20 Farmer & Stock Raiser
1848
Patterson, Mrs. S. A.
Sec. 21 Farmer & Stock Raiser 21 Wife of W. A. P. 5 Farmer
Kentucky
1835
Wheeles, Mrs. Jennie
30 Wife of J. H. W.
1848
Richardson, Geo. L.
Richview
5 Wife of G. L. R.
1851
Woodrum, Mrs. L.
4
28 Farmer & Stock Raiser "
1827
Richardson, Mrs. E.
28 Wife of Wm. W. 1
Monroe Co., Ill. 1843
S Lane, P.
Ashley
Sec. 36 Farmer and Stock Raiser Missouri
1858
Seibert, Mrs. Mary A.
Skillman, Mrs. Alvira
Mason Co., Ky. 1856 Kentucky 4 1828
McCormack, Rus.
Ashley Blacksmith
Randolph Co. Il. 1874
Thompson, Mrs. N. P.
Thompson, J. L.
Richview
/Sec. 4 Farmer & Stock Raiser
Tennessee
1854
& Morgan, Solomon
=
§ Mundinger, L.
Sec. 32 Farmer & Justice of Peace Germany
Marion Co., Ill. 1849
Whittenberg, Mrs. D.
=
9 Wife of E. W.
Nichols, Perry W.
=
Butch, Stk Dir & Prod Br Wash'n Co., Ill. 1827
§ Whittenberg, H. G. W.
=
7 Farmer & Stock Raiser
1838 Wash'n Co., Ill. 1838 Indiana
Moore, Mrs. A. E.
Wife of T. W. M.
Constable & City Marshall Missouri
1820
Clinton Co., Ill. 1827
1864
Willis, B. F.
Moore, Mrs. Emma C.
Wife of J. H. M.
C'ME
-
Digitized by
1866
Mfr., & Dir in Agr'l Imp.
[ Lowe, George
1865
Logan, Mrs. E. A.
23 Wife of John A. L.
McLean Co., Ill. 1872
Wife of G. W. T.
4 Wife of J. L. T.
=
=
Wash'n Co., Ill. 1852|
y Woodrum, Wm.
REVISED CONSTITUTION OF ILLINOIS.
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 permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations-in crder to form a more perfect government, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the bless- ings 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 42 degrees and 30 minutes ; thence west to the middle of the Mississippi river, and thence down along the middle of that river to its confluence with the Ohio river, and thence up the latter river, along its northwestern shore, to the place of beginning : Provided, that this State shall exer- cise 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,
1. Inherent and Inalienable Rights.
2. Due Process of Law.
3. Liberty of Conscience Guaranteed.
4. Freedom of the Press- Libel.
5. Right of Trial by Jury.
6. Unreasonable Searches and Seizures. Bail allowed-Writ of Habeas Corpus
8. Indictment required-Grand Jury Abolished.
9. Rights of Persons Accused of Crime.
10. Self-Crimination-Former Trial.
¿ II. Penalties proportionate - Corruption - For- feiture.
12. Imprisonment for Debt.
3. Compensation for Property taken.
14. Ex post facto laws-Irrevocable Grants.
15. Military Power Subordinate.
16. Quartering of Soldiers.
17. Right of Assembly and Petition.
8. Elections to be Free and Equal.
19. What Laws ought to be.
20. Fundamental Principles.
¿ 1. All men are by nature free and independent, and have certain inherent and inalien- able 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, without due process of law. 3. 'The free exercise and enjoyment of religious profession and worship, without dis- crimination, shall forever be guaranteed ; and no person 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 subjects, 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 defense.
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 person or things to be seized.
¿ 7. All persons shall be bailable by sufficient sureties, except for capital offenses, 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.
8. No person shall be held to answer for a criminal offense, 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 attend- ance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
¿ 10. No person shall be compelled in any criminal case to give evidence against him- self, or be twice put in jeopardy for the same offense.
¿ 11. All penalties shall be proportioned to the nature of the offense; and no conviction shall work corruption of blood or forfeiture of estate; nor shall any person be transported out of the State for any offense 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 compen- sation. 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 contracts, or making any irrevocable grant of special privileges or immunities, 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 manner prescribed by law.
¿ 17. 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 without 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 abso- lutely 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.
1. General Assembly elective.
2. Time of Election-Vacancies.
3. Who are Eligible.
4. Disqualification by Crime.
5. Oath taken by members.
6. Senatorial Apportionments.
7. & 8. Minority Representation.
9. Time of meeting -General Rules.
10. Secretary-Adjournment -- Journals, Protests.
II. Style of Laws.
12. Origin and passage of Bills.
13. Reading-Printing - Title-Amendments.
14. Privileges of members.
15. Disabilities of members.
31. Draining and Ditching.
32. Homestead and Exemption Laws.
33. Completion of the State House.
¿ L. The legislative power shall be vested in a General Assembly, 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 hun- dred 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 representative 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 district from which he is elected. No judge or clerk of any court, secretary 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 postmasters whose annual compensation does not exceed the sum of $300,) 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.
¿ 6. Members of the general assembly, before they enter upon their official duties, shall take and subscribe the following oath or affirmation :
" I do solemnly swear (or affirm) that I will support the constitution of the United States, and the consti tution of the State of Illinois, and will faithfully discharge the duties of senator tor 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 election 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 aci."
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
Digitized by
? 18. Ordinary Expenses-Casual Deficits-Appro- priations limited.
19. Extra Compensation or Allowance.
20. Public Credit not loaned.
21. Pay and mileage of members.
22 .. Special Legislation prohibited.
23. Against Release from Liability.
34. Proceedings on Impeachment.
25. Fuel, Stationery, and Printing. 26. State not to be sued.
27. Lotteries and Gift Enterprises. 28. Terms of Office not Extended.
29. Protection of operative min:r.
30. Concerning Roads-public and private.
16. Bills making Appropriations.
17. Payment of money-Statement of Expenses.
88
HISTORY OF WASHINGTON COUNTY, ILLINOIS.
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 1871, by dividing the population of the State, as ascertained by the federal census, by the number 51, and the quotient shall be the ratio of representation in the senate. The State shall be divided into 51 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 1872, 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 : :: pact 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. Counties 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, contained by such counties in excess of twice the number of said ratio.
NOTE .- By the adoption of minority representation, }{ 7 and 8, of this article, cease to be a part of the constitution. Under # 12 of the schedule, and the vous of adoption, the following section relating to minority representation is substitute for said sections :
MINORITY REPRESENTATION.
88 7 and 8. The house of representatives shall consist of three times the number of the members of the senate, and the term of office shall be two years. Three representatives shall be elected in each senatorial district at the general election in the year of our Lord, 1872, and every two 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.
TIME OF MEETING AND GENERAL RULES.
¿ 9. The sessions of the general assembly shall commence at 12 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 deter- mine the rules of its proceedings, and be the judge of the election returns and qualifica- tions of its members ; shall choose its own officers ; 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 imprisonment any person, not a member, who shall be guilty of disrespect to the house by disorderly or contemptuous behaviour in its presence. But no such imprisonment shall extend beyond two hours at one time, unless the person shall persist in such disorderly or contemptuous behaviour.
¿ 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, 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 pro- ceedings, 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 dis- sent 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.
8 11. 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 indirectly, 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 provisions on any other subject.
¿ 17. No money shall be drawn from the treasury except in pursuance of an appropriation made by law, and on the presentation of a warrant 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 60 days
after the adjournment of each session of the general assembly, prepare 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 revenue, contract debts, never to exceed in the aggregate $250,000; 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 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 provision 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.
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