USA > Illinois > Illinois, historical and statistical, comprising the essential facts of its planting and growth as a province, county, territory, and state, Vol. I > Part 50
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§ 6. The supreme court, or a majority of the justices thereof, the circuit courts, or the justices thereof, shall, respectively, appoint their own clerks.
§ 7. All process, writs and other proceedings shall run in the name of: The people of the State of Illinois. 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.
§ 8. A competent number of justices of the peace shall be appointed in each county in such manner as the general assembly may direct, whose time of service, power, and duties shall be regulated and defined by law. And justices of the peace, when so appointed, shall be commissioned by the governor.
ART. V. § I. The militia of the State of Illinois shall consist of all free male able-bodied persons, negroes, mulattoes and Indians excepted, resident in the state,
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ILLINOIS-HISTORICAL AND STATISTICAL.
between the ages of 18 and 45 years, except such persons as now are, or hereafter may be, exempted by the laws of the United States or of this state, and shall be armed, equipped and trained as the general assembly may provide by law.
§ 2. No person or persons, conscientiously scrupulous of bearing arms, shall be compelled to do militia duty in time of peace, provided such person or persons shall pay an equivalent for such exemption.
§ 3. Company, battalion and regimental officers, staff officers excepted, shall be elected by the persons composing their several companies, battalions, and regiments.
§ 4. Brigadier and major generals shall be elected by the officers of their brigades and divisions respectively.
§ 5. All militia officers shall be commissioned by the governor, and may hold their commissions during good behavior, or until they arrive at the age of sixty years.
§ 6. 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 of officers, and in going to and returning from the same.
ART. VI. § I. Neither slavery or involuntary servitude shall hereafter be intro- duced into this state, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted; nor shall any male person, arrived at the age of 21 years, nor female person arrived at the age of 18 years, be held to serve any person as a servant, under any indenture hereafter made, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona-fide consideration received or to be received for their service. Nor shall any indenture of any negro or mulatto, hereafter made and executed out of this state, or if made in this state, where the term of service exceeds one year, be of the least validity, except those given in cases of apprenticeship.
§ 2. No person bound to labor in any other state, shall be hired to labor in this state, except within the tract reserved for the salt works near Shawneetown; nor even at that place for a longer period than one year at any one time; nor shall it be allowed there after the year 1825: any violation of this article shall effect the eman- cipation of such person from his obligation to service.
§ 3. Each and every person who has been bound to service by contract or inden- ¿ ture in virtue of the law of Illinois territory heretofore existing, and in conformity to the provisions of the same, without fraud or collusion, shall be held to a specific performance of their contracts or indentures; and such negroes and mulattoes as have been registered in conformity with the aforesaid laws, shall serve out the time appointed by said laws: Provided however, that the children hereafter born of such person, negroes or mulattoes, shall become free, the males at the age of 21 years, the females at the age of 18 years. Each and every child born of indentured par- ents, shall be entered with the clerk of the county in which they reside, by their owners, within six months after the birth of said child.
ART. VII. § I. Whenever two-thirds of the general assembly shall think it necessary to alter or amend this constitution, they shall recommend to the electors, at the next election of members to the general assembly, to vote for or against a convention; and if it shall appear that a majority of all the citizens of the state, voting for representatives, have voted for a convention, the general assembly shall, at their next session, call a convention, to consist of as many members as there may be in the general assembly, to be chosen in the same manner, at the same place, and by the same electors that choose the general assembly, and which convention shall
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APPENDIX-CONSTITUTION OF 1818.
meet within three months after the said election, for the purpose of revising, altering, or amending this constitution.
ART. VIII. That the general, great and essential principles of liberty and free government may be recognized and unalterably established, we declare:
§ I. That all men are born equally free and independent, and have certain inher- ent and indefeasible rights; among which are those of enjoying and defending life and liberty, and of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.
§ 2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness.
§ 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man can of right be com- pelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given by law to any religious establishments or modes of worship.
§ 4. That no test shall ever be required as a qualifiation to any office or public trust under this state.
§ 5. That elections shall be free and equal.
§ 6. That the right of the trial by jury shall remain inviolate.
§ 7. That the people shall be secure in their persons, houses, papers, and posses- sions, from unreasonable searches and seizures; and that general warrants whereby an officer may be commanded to search suspected places without evidence of the fact committed, or to seize any person or persons not named, whose offenses are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.
§ 8. That no freeman shall be imprisoned or disseized of his freehold, liberties, or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land. And all lands which have been granted as a common to the inhabitants of any town, hamlet village, or corporation, by any person, body politic or corporate, or by any government hav- ing power to make such grant, shall forever remain common to the inhabitants of such town, hamlet, village, or corporation; and the said commons shall not be leased, sold, or divided under any pretense whatever: Provided however, that nothing in this section shall be so construed as to affect the commons of Cahokia or Prairie du Pont : Provided also, that the general assembly shall have power and authority to grant the same privileges to the inhabitants of the said villages of Cahokia and Prairie du Pont as are hereby granted to the inhabitants of other towns, hamlets and villages.
§ 9. That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsary process to compel the attend- ance of witnesses in his favor. And in prosecutions by indictment or information, a speedy public trial by an impartial jury of the vicinage; and that he shall not be compelled to give evidence against himself.
§ 10. That no person shall, for any indictable offense, be proceeded against crim- inally by information, except in cases arising in the land or naval forces, or the militia when in actual service, in time of war, or public danger, by leave of the courts, for oppression or misdemeanor in office.
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ILLINOIS-HISTORICAL AND STATISTICAL.
§ II. No person shall, for the same offense, be twice put in jeopardy of his life or limb; nor shall any man's property be taken or applied to public use, without the consent of his representatives in the general assembly, nor without just compensation being made to him.
§ 12. Every person within this state ought to find a certain remedy in the laws, tor All injuries or wrongs which he may receive in his person, property or character; he ought to obtain right and justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws.
§ 13. That all persons shall be bailable by sufficient sureties, unless 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.
§ 14. All penalties shall be proportioned to the nature of the offense, the true design of all punishments being to reform, not to exterminate mankind.
§ 15. No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law, or in cases where there is strong presumption of fraud.
§ 16. No ex post facto law, nor any law impairing the validity of contracts shall ever be made; and no conviction shall work corruption of blood or forfeiture of estate.
§ 17. That no person shall be liable to be transported out of this state for any offence committed within the same.
§ 18. That a frequent recurrence to the fundamental principles of civil govern- ment is absolutely necessary to preserve the blessings of liberty.
§ 19. That the people have a right to assemble together in a peaceable manner to consult for their common good, to instruct their representatives, and to apply to the general assembly for redress of grievances.
§ 20. That the mode of levying a tax shall be by valuation, so that every person shall pay a tax in proportion to the value of the property he or she has in his or her possession.
§ 21. That there shall be no other banks or moneyed institutions in this state than those already provided by law, except a state bank and its branches, which may be established and regulated by the general assembly of the state as they may think proper.
§ 22. The printing presses shall be free to every person, who undertakes to examine the proceedings of the general assembly or of any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.
§ 23. In prosecutions for the publication of papers investigating the official con- duct of officers, or of men acting in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right of determining both the law and the fact, under the direction of the court as in other cases.
SCHEDULE. § I. That no inconveniences may arise from the change of a terri- torial to a permanent state government, it is declared by the convention, that all rights, suits, actions, prosecutions, claims, and contracts, both as it respects individ- uals and bodies corporate, shall continue as if no change had taken place in this government in virtue of the laws now in force.
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APPENDIX-CONSTITUTION OF ISIS.
§ 2. All fines, penalties, and forfeitures due and owing to the territory of Illinois- shall inure to the use of the state. All bonds executed to the governor, or to any other officer in his official capacity in the territory, shall pass over to the governor or to the officers of the state, and their successors in office, for the use of the state, by him or by them to be respectively assigned over to the use of those concerned, as the case may be.
§ 3. No sheriff or collector of public moneys, shall be eligible to any office in. this state, until they have paid over according to law, all moneys which they may have collected by virtue of their respective offices.
§ 4. There shall be elected in each county, three county commissioners for the- purpose of transacting all county business, whose time of service, power, and duties shall be regulated and defined by law.
§ 5. The governor, secretary, and judges, and all other officers under the territor- ial government shall continue in the exercise of the duties of their respective depart- ments until the said officers are superceded under the authority of this constitution.
§ 6. The governor of this state shall make use of his private seal, until a state seal shall be provided.
§ 7. The oaths of office herein directed to be taken, may be administered by any justice of the peace until the general assembly shall otherwise direct.
§ 8. Until the first census shall be taken as directed by this constitution, the county of Madison shall be entitled to one senator and three representatives; the county of St. Clair, to one senator and three representatives the county of Bond, to- one senator and one representative; the county of Washington, to one senator and one representative; the county of Monroe, to one senator and one representative; the county of Randolph, to one senator and two representatives; the county of Jackson, to one senator and one representative; the counties of Johnson and Frank- lin to form one senatorial district, and to be entitled to one senator, and each county to one representative; the county of Union, to one senator and two representatives; the county of Pope, to one senator and two representatives; the county of Gallatin, to one senator and three representatives; the county of White, to one senator and three representatives; the county of Edwards, to one senator and two representatives; and the county of Crawford, to one senator and two representatives.
§ 9. The president of the convention shall issue writs of election directed to the several sheriffs of the several counties, or in case of the absence or disability of any sheriff, then to the deputy sheriff, and in case of the absence or disability of the deputy sheriff, then such writ to be directed to the coroner, requiring them to cause an election to be held for governor, lieutenant governor, representative to the present congress of the United States, and members to the general assembly, and sheriffs and coroners in the respective counties; such election to commence on the third Thursday of September next, and to continue for that and the two succeeding days; and which election shall be conducted in the manner prescribed by the existing elec- tion laws of the Illinois territory; and the said governor, lieutenant governor, mem- bers of the general assembly, sheriffs, and coroners, then duly clected, shall continue to exercise the duties of their respective offices for the time prescribed by this con- stitution, and until their successor or successors are qualified, and no longer.
§ 10. An auditor of public accounts, an attorney general, and such other officers for the state as may be necessary, may be appointed by the general assembly, whose duties may be regulated by law.
§ II. It shall be the duty of the general assembly to enact such laws as may be necessary and proper to prevent the practice of dueling.
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ILLINOIS-HISTORICAL AND STATISTICAL.
§ 12. All white male inhabitants above the age of 21 years, who shall be actual residents of this state, at the signing of this constitution, shall have a right to a vote at the election to be held on the third Thursday and the two following days of September next.
§ 13. The seat of government for the state shall be at Kaskaskia until the gen- eral assembly shall otherwise provide. The general assembly, at their first session holden under the authority of this constitution, shall petition the congress of the United States, to grant to this state a quantity of land, to consist of not more than four, nor less than one section, or to give to this state the right of preemption in the purchase of the said quantity of land. The said land to be situate on the Kaskaskia river, and as near as may be, east of the third principal meridian on said river. Should the prayer of such petition be granted, the general assembly, at their next session thereafter, shall provide for the appointment of five commissioners to make the selection of said land so granted; and shall further provide for laying out a town upon the said land so selected; which town, so laid out, shall be the seat of govern- ment of this state for the term of 20 years. Should, however, the prayer of said petition not be granted, the general assembly shall have power to make such provi- sion for a permanent seat of government as may be necessary, and shall fix the same where they may think best.
§ 14. Any person of 30 years of age who is a citizen of the United States and has resided within the limits of this state two years next preceding his election, shall be eligible to the office of lieutenant governor: anything in § 13 Art. III. of this constitution contained to»the contrary notwithstanding.
Done in convention " . Kaskaskia, the twenty-sixth day of August, in the year of our Lord one thousand eight hundred and eighteen, and of the Independence of the United States of America, the forty-third.
In testimony whereof, we have hereunto subscribed our names:
JESSE B. THOMAS,
President of the convention and representative from the county of St. Clair.
JOIIN MESSINGER,
St. Clair County.
CALDWELL CAIRNS, { Monroe County.
JAMES LEMON, jr.
GEORGE FISHER, Randolph
ELIAS KENT KANE, County.
SAMUEL OMELVANY, HAMI.ET FERGUSON,
Pope County.
B[EN]]. STEPHENSON,
Madison
CONRAD WILL, Jackson County.
JOSEPH BOROUGH,
ABRAHAM PRICKETT,
County.
MICHAEL JONES,
Gallatin
LEONARD WHITE,
ADOLPHUSF'D'K HUBBARD County.
HEZEKIAH WEST, ¿ Johnson
WILLIAM M'FATRIDGE,
County.
Union County.
SETH GARD, Edwards County. LEVI COMPTON,
Washington Co.
WILLIS HARGRAVE,
WILLIAM M'HENRY, S
White Co.
ENOCII MOORE,
JAMES HALL, jr. JOSEPH KITCHELL, ED. N. CULLOM, THOS. KILPATRICK, { SAMUEL G. MORSE, WILLIAM ECHOLS, JOHN WHITEAKER, ANDREW BANKSON, ISHAM HARRISON, THOMAS ROBERTS,
Crawford Co.
Bond County.
Franklin Cou'ty.
Attest, WM. C. GREENUP, Secretary to the Convention.
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APPENDIX.
Ordinance accepting the Enabling Act.
Adopted at Kaskaskia, 26 August, 1818, by the convention which framed the first constitution of Illinois.
W HEREAS, the congress of the United States, in the act entitled "An act to enable the people of the Illinois territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states," passed the 18th of April, ISIS, have offered to this con- vention for their free acceptance or rejection, the following propositions, which, if accepted by the convention, are obligatory upon the United States, viz. :
(Sections 1, 2, 3, and 4, are omitted - the same being copied from the enabling act in section 6 above. )
And whereas, the four foregoing propositions are offered on the condition that this convention shall provide by ordinance, irrevocable without the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of January, 1819, shall remain exempt from any tax laid by order, or under the authority of the state, whether for state, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale. And further, that the bounty lands granted, or hereafter to be granted for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt as aforesaid from all taxes for the term of three years from and after the date of the patents respectively; and that all the lands belonging to the citizens of the United States, residing without the said state shall never be taxed higher than lands belonging to persons residing therein.
Therefore, this convention, on behalf of, and by the authority of the people of the state, do accept of the foregoing propositions; and do further ordain and declare, that every and each tract of land sold by the United States, from and after the first day of January, 1819, shall remain exempt from any tax laid by order, or under any authority of the state, whether for state, county, or township, or any purpose what- ever, for the term of five years from and after the day of sale. And that the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt, as aforesaid, from all taxes for the term of three years from and after the date of the patents respectively; and that all the lands belonging to the citizens of the United States, residing without the said state, shall never be taxed higher than lands belong- ing to persons residing therein. And this convention do further ordain and declare, that the foregoing ordinance shall not be revoked without the consent of the United States.
Resolution of Congress, December 3, 1818.
Declaring the admission of the State of Illinois into the Union.
W HEREAS, in pursuance of an act of congress, passed on the 18th day of April, 1818, entitled " An act to enable the people of the Illinois territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states," the people of the said terri- tory did, on the 26th day of August, in the present year, by a convention called for that purpose, form for themselves a constitution and state government, which con-
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ILLINOIS-HISTORICAL AND STATISTICAL.
stitution and state government, so formed, is republican, and in conformity to the principles of the articles of compact between the original states and the people and states in the territory northwest of the river Ohio, passed on the 13th day of July, 1787: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, that the State of Illinois shall be one and is hereby declared to be one of the United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever.
Congressional Apportionment under the Constitution of 1818.
TINTIL 1832, the State constituted one congressional district. Under the act of February 13, IS31, it was divided into three districts as follows:
First District - The counties of Alexander, Bond, Clinton, Franklin, Gallatin, Jackson, Johnson, Macoupin, Madison, Monroe, Perry, Pope, Randolph, St. Clair, Union, and Washington.
Second District-Clark, Clay, Coles, Crawford, Edgar, Edwards, Fayette, Hamil- ton, Jefferson, Lawrence, Marion, Montgomery, Shelby, Vermilion, Wabash, Wayne, and White.
Third District - Adams, Calhoun, Cook, Fulton, Greene, Hancock, Henry, Jo Daviess, Knox, LaSalle, Macon, McDonough, McLean, Mercer, Morgan, Peoria,, Pike, Putnam, Sangamon, Schuyler, Tazewell, and Warren.
Under the act of March 1, 1843, the State was divided into seven districts as follows :
First District-The counties of Alexandria, Bond, Jackson, Madison, Monroe, Perry, Randolph, St. Clair, Union, and Washington.
Second District - Edwards, Franklin, Gallatin, Hamilton, Hardin, Jefferson, Johnson, Pope, Marion, Massac, Wabash, Wayne, White, and Williamson.
Third District - Christian, Clark, Clay, Coles, Crawford, De Witt, Edgar, Effing- ham, Fayette, Jasper, Lawrence, Macon, Montgomery, Moultrie, Piatt, Richland, and Shelby.
Fourth District-Boone, Bureau, Champaign, Cook, DeKalb, Dupage, Grundy, Iroquois, Kane, Kendall, Lake, LaSalle, Livingston, McHenry, McLean, Vermilion, and Will.
Fifth District - Adams, Brown, Calhoun, Fulton, Greene, Jersey, Macoupin, Marquette, Peoria, Pike, and Schuyler.
Sixth District-Carroll, Hancock, IIenderson, Henry, Jo Daviess, Knox, Lee, McDonough, Mercer, Ogle, Rock Island, Stark, Stephenson, Warren, Whiteside, and Winnebago.
Seventh District - Cass, Logan, Marshall, Mason, Menard, Morgan, Putnam, Sangamon, Scott, Tazewell, and Woodford.
favorable vote; failing to organize, the territory reverted to Adams County.
11, 1843, and the name changed to Highland, Feb. 27, 1847, to be reorganized after
COUNTIES
ORIGIN* OF NAME
ESTABLISHED
1820
1830
1835
1840
1845
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