USA > Illinois > Illinois, historical and statistical, comprising the essential facts of its planting and growth as a province, county, territory, and state, Vol. II > Part 51
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81
§ 38. The credit of the state shall not, in any manner, be given to or in aid of any individual, association, or corporation.
§ 39. The general assembly shall provide, by law, that the fuel and stationery 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; and that no member of the general assembly, or other officer of the state, shall be interested, either directly or indirectly, in any such contract : Provided, that the general assembly may fix a maximum price.
§ 40. Until there shall be a new apportionment of senators and representatives, the state shall be divided into senatorial and representative districts, and the
1088
ILLINOIS-HISTORICAL AND STATISTICAL.
senators and representatives shall be apportioned among the several districts as follows, viz .: [Apportionment omitted.]
§ 41. Until the general assembly shall otherwise provide, the clerks of the county commissioners' courts in each of the aforesaid senatorial districts, and in such of the representative districts as may be composed of more than one county, shall meet at the county seat of the oldest county in said district, within 30 days next after any election for senator or representative therein, for the purpose of comparing and canvassing the votes given at such election; and the said clerks shall in all other respects conform to the laws on the subject in force at the time of the adoption of this constitution.
Art. IV .- Of the Executive Department. § I. The executive power of the state shall be vested in a governor.
§ 2. The first election of governor shall be held on Tuesday next after the first Monday in November, 1848; and the next election shall be held on Tuesday next after the first Monday of November, 1852; and thereafter an election for governor shall be held once in four years, on Tuesday next after the first Monday of Novem- ber. The governor shall be chosen by the electors of the members of the general assembly, at the same places and in the same manner that they shall respectively vote for members thereof. The returns for every election of governor shall be sealed up and transmitted to the seat of government, by the returning officers, directed to the speaker of the house of representatives, who shall open and publish them in the presence of a majority of the members of each house of the general assembly. The person having the highest number of votes shall be governor; but if two or more be equal and highest in votes, then one of them shall be chosen governor by joint ballot of both houses of the general assembly. Contested elec- tions shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law.
§ 3. The first governor shall enter upon the duties of his office on the second Monday of January, 1849, and shall hold his office until the second Monday of January, 1853, and until his successor shall have been elected and qualified; and thereafter the governor shall hold his office for the term of four years, and until his successor shall have been elected and qualified; but he shall not be eligible to such office more than four years, in any term of eight years, nor to any other office until after the expiration of the term for which he was elected.
§ 4. No person except a citizen of the United States shall be eligible to the office of governor; nor shall any person be eligible to that office who shall not have attained the age of 35 years, and been 10 years a resident of this state and 14 years a citizen of the United States.
§ 5. The governor shall reside at the seat of government, and receive a salary of $1500 per annum, which shall not be increased or diminished; and he shall not, during the time for which he shall have been elected, receive any emolument from the United States, or either of them.
§ 6. Before he enters upon the duties of his office, he shall take the following oath or affirmation, to-wit: I do solemnly swear (or affirm) that I will faithfully execute the duties appertaining to the office of governor of the state of Illinois; and will, to the best of my ability, preserve, protect, and defend the constitution of this state; and will, also, support the constitution of the United States.
§ 7. He shall, from time to time, give the general assembly information of the state of the government, and recommend to their consideration such measures as he shall deem expedient.
1089
APPENDIX-CONSTITUTION OF 1848.
§ 8. The governor shall have power to grant reprieves, commutations, and pardons, after conviction, for all offences, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the general assembly at its next meeting, when the general assembly shall pardon the convict, commute the sentence, direct the execution thereof, or grant a further reprieve. He shall, biennially, communicate to the general assembly each case of reprieve, commutation, or pardon granted, stating the name of the convict, the crime for which he was convicted, the sentence and its date, and the date of com- mutation, pardon, or reprieve.
§ 9. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices, and shall take care that the laws be faithfully executed.
§ 10. He may, on extraordinary occasions, convene the general assembly by proclamation, and shall state in said proclamation the purpose for which they are to convene; and the general assembly shall enter on no legislative business except that for which they were specially called together.
§ II. He shall be commander-in-chief of the army and navy of this state, and of the militia, except when they shall be called into the service of the United States.
§ 12. The governor shall nominate and, by and with the advice and consent of the senate (a majority of all the senators concurring), appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointments are not otherwise provided for; and no such officer shall be appointed or elected by the general assembly.
§ 13. In case of disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the general assembly to such time as he thinks proper : Provided, it be not to a period beyond the next constitutional meeting of the same.
§ 14. A lieutenant-governor shall be chosen at every election of governor, in the same manner, continue in office for the same time, and possess the same qualifi- cations. In voting for governor and lieutenant-governor, the electors shall distin- guish whom they vote for as governor, and whom as lieutenant-governor.
§ 15. The lieutenant-governor shall, by virtue of his office, be speaker of the senate; have a right, when in committee of the whole, to debate and vote on all subjects, and, whenever the senate are equally divided, to give the casting vote.
§ 16. Whenever the government shall be administered by the lieutenant -gov- ernor, or he shall be unable to attend as speaker of the senate, the senators shall elect one of their own number as speaker for that occasion; and if, during the vacancy of the office of governor, the lieutenant-governor shall be impeached, removed from office, refuse to qualify, or resign, or die, or be absent from the state, the speaker of the senate shall, in like manner, administer the government.
§ 17. The lieutenant-governor, while he acts as speaker of the senate, shall receive for his services the same compensation which shall, for the same period, be allowed to the speaker of the house of representatives, and no more.
§ 18. If the lieutenant-governor shall be called upon to administer the govern- ment, and shall, while in such administration, resign, die, or be absent from the state, during the recess of the general assembly, it shall be the duty of the secretary
1090
ILLINOIS-HISTORICAL AND STATISTICAL.
of state, for the time being, to convene the senate for the purpose of choosing a speaker.
§ 19. In case of the impeachment of the governor, his absence from the state, or inability to discharge the duties of his office, the powers, duties, and emolu- ments of the office shall devolve upon the lieutenant-governor; and in case of his death, resignation, or removal, then upon the speaker of the senate for the time being, until the governor, absent or impeached, shall return or be acquitted; or until the disqualification or inability shall cease, or until a new governor shall be elected and qualified.
§ 20. In case of a vacancy in the office of governor, for any other cause than those herein enumerated, or in case of the death of the governor-elect before he is qualified, the powers, duties, and emoluments of the office shall devolve upon the lieutenant-governor, or speaker of the senate, as above provided, until a new governor be elected and qualified.
§ 21. Every bill which shall have passed the senate and house of representatives shall, before it becomes a law, be presented to the governor; if he approve, he shall sign it; but if not, he shall return it, with his objections, to the house in which it shall have originated; and the said house shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, a majority of the members elected shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by a majority of the members elected, it shall become a law, notwith- standing the objections of the governor; but in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house, respectively. If any bill shall not be returned by the governor within 10 days (Sundays excepted} after it shall have been presented to him, the same shall be 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, the said bill shall be returned on the first day of the meeting of the general assembly after the expiration of said 10 days, or be a law.
§ 22. There shall be elected by the qualified electors of this state, at the same time of the election for governor, a secretary of state, whose term of office shall be the same as that of the governor, who shall keep a fair register of the official acts of the governor, and, when required, shall lay the same, and all papers, minutes, and vouchers relative thereto, before either branch of the general assembly, and shall perform such other duties as shall be assigned him by law, and shall receive a salary of $800 per annum, and no more, except fees: Provided, that if the office of secretary of state should be vacated by death, resignation, or otherwise, it shall be the duty of the governor to appoint another, who shall hold his office until another secretary shall be elected and qualified.
§ 23. There shall be chosen, by the qualified electors throughout the state, an auditor of public accounts, who shall hold his office for the term of four years, and until his successor is qualified, and whose duties shall be regulated by law, and who shall receive a salary, exclusive of clerk hire, of $1000 per annum for his services, and no more.
§ 24. There shall be elected, by the qualified electors throughout the state, a state treasurer, who shall hold his office for two years, and until his successor is qualified; whose duties may be regulated by law, and who shall receive a salary of $800 per annum, and no more.
1091
APPENDIX-CONSTITUTION OF 1848.
§ 25. All grants and commissions shall be sealed with the great seal of state, signed by the governor or person administering the government, and countersigned by the secretary of state.
§ 26. The governor and all other civil officers shall be liable to impeachment for misdemeanor in office, during their continuance in office, and for two years thereafter.
Art. V .- Of the Judiciary Department. § I. The judicial power of this state shall be and is hereby vested in one supreme court, in circuit courts, in county courts, and in justices of the peace : Provided, that inferior local courts, of civil and criminal jurisdiction, may be established by the general assembly in the cities of this state, but such courts shall have a uniform organization and jurisdiction in such cities.
§ 2. The supreme court shall consist of three judges, two of whom shall form a quorum; and the concurrence of two of said judges shall in all cases be necessary to a decision.
§ 3. The state shall be divided into three grand divisions, as nearly equal as may be, and the qualified electors of each division shall elect one of the said judges for the term of nine years: Provided, that after the first election of such judges the general assembly may have the power to provide by law for their election by the whole state, or by divisions, as they may deem most expedient.
§ 4. The office of one of said judges shall be vacated, after the first election held under this article, in three years, of one in six years, and of one in nine years; to be decided by lot, so that one of said judges shall be elected once in every three years. The judge having the longest term to serve shall be the first chief-justice; after which the judge having the oldest commission shall be chief-justice.
§ 5. The supreme court may have original jurisdiction in cases relative to the revenue, in cases of mandamus, habeas corpus, and in such cases of impeachment as may be by law directed to be tried before it, and shall have appellate jurisdiction in all other cases.
§ 6. The supreme court shall hold one term annually in each of the aforesaid grand divisions, at such time and place, in each of said divisions, as may be pro- vided for by law.
§ 7. The state shall be divided into nine judicial districts, in each of which one circuit judge shall be elected by the qualified electors thereof, who shall hold his office for the term of six years, and until his successor shall be commissioned and qualified : Provided, that the general assembly may increase the number of circuits to meet the future exigencies of the state.
§ 8. There shall be two or more terms of the circuit court held annually in each county of this state, at such times as shall be provided by law; and said courts shall have jurisdiction in all cases at law and equity, and in all cases of appeals from all inferior courts.
§ 9. All vacancies in the supreme and circuit courts shall be filled by election as aforesaid : Provided, however, that if the unexpired term does not exceed one year, such vacancy may be filled by executive appointment.
§ 10. The judges of the supreme court shall receive a salary of $1200 per annum, payable quarterly, and no more. The judges of the circuit courts shall receive a salary of $1000 per annum, payable quarterly, and no more. The judges of the supreme and circuit courts shall not be eligible to any other office of public trust or profit in this state, or the United States, during the term for which they are
1092
ILLINOIS-HISTORICAL AND STATISTICAL.
elected, nor for one year thereafter. All votes for either of them for any elective office (except that of judge of the supreme or circuit court) given by the general assembly, or the people, shall be void.
§ II. No person shall be eligible to the office of judge of any court of this state who is not a citizen of the United States, and who shall not have resided in this state five years next preceding his election, and who shall not for two years next preceding his election have resided in the division, circuit, or county in which he shall be elected; nor shall any person be elected judge of the supreme court who shall be, at the time of his election, under the age of 35 years; and no person shall be eligible to the office of judge of the circuit court until he shall have attained the age of 30 years.
§ 12. For any reasonable cause, to be entered on the journals of each house, which shall not be sufficient ground for impeachment, both justices of the supreme court and judges of the circuit court shall be removed from office, on the vote of two-thirds of the members elected to each branch of the general assembly : Provided, always, that no member of either house of the general assembly shall be eligible to fill the vacancy occasioned by such removal : Provided, also, that no removal shall be made unless the justice or judge complained of shall have been served with a copy of the complaint against him, and shall have an opportunity of being heard in his defense.
§ 13. The first election for justices of the supreme court and judges of the cir- cuit courts shall be held on the first Monday of September, 1848.
§ 14. The second election for one justice of the supreme court shall be held on the first Monday of June, 1852, and every three years thereafter an election shall be held for one justice of the supreme court.
§ 15. On the first Monday of June, 1855, and every sixth year thereafter, an election shall be held for judges of the circuit courts: Provided, whenever an addi- tional circuit is created, such provision may be made as to hold the second election of such additional judge at the regular elections herein provided.
§ 16. There shall be in each county a court, to be called a county court.
§ 17. One county judge shall be elected by the qualified voters of each county, who shall hold his office for four years, and until his successor is elected and qualified.
§ 18. The jurisdiction of said court shall extend to all probate and such other jurisdiction as the general assembly may confer in civil cases, and such criminal cases as may be prescribed by law, where the punishment is by fine only, not exceeding $100.
§ 19. The county judge, with such justices of the peace in each county as may be designated by law, shall hold terms for the transaction of county business, and shall perform such other duties as the general assembly shall prescribe : Provided, the general assembly may require that two justices, to be chosen by the qualified electors of each county, shall sit with the county judge in all cases; and there shall be elected, quadrennially, in each county, a clerk of the county court, who shall be ex-officio recorder, whose compensation shall be fees : Provided, the general assembly may, by law, make the clerk of the circuit court ex-officio recorder, in lieu of the county clerk.
§ 20. The general assembly shall provide for the compensation of the county judge.
§ 21. The clerks of the supreme and circuit courts, and state's attorneys, shall
1093
APPENDIX-CONSTITUTION OF 1848.
be elected at the first special election for judges. The second election for clerks of the supreme court shall be held on the first Monday of June, 1855, and every sixth year thereafter. The second election for clerks of the circuit courts, and state's attorneys, shall be held on the Tuesday next after the first Monday of November, 1852, and every fourth year thereafter.
§ 22. All judges and state's attorneys shall be commissioned by the governor.
§ 23. The election of all officers, and the filling of all vacancies that may happen by death, resignation, or removal, not otherwise directed or provided for by this constitution, shall be made in such manner as the general assembly shall direct : Provided, that no such officer shall be elected by the general assembly.
§ 24. The general assembly may authorize the judgments, decrees, and decisions of any local inferior court of record, of original, civil, or criminal jurisdiction, established in a city, to be removed for revision directly into the supreme court.
§ 25. County judges, clerks, sheriffs, and other county officers, for wilful neglect of duty, or misdemeanor in office, shall be liable to presentment or indictment by a grand jury, and trial by a petit jury, and, upon conviction, shall be removed from office.
§ 26. 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.
§ 27. There shall be elected in each county in this state, in such districts as the general assembly may direct, by the qualified electors thereof, a competent number of justices of the peace, who shall hold their offices for the term of four years, and until their successors shall have been elected and qualified, and who shall perform such duties, receive such compensation, and exercise such jurisdiction as may be prescribed by law.
§ 28. There shall be elected in each of the judicial circuits of this state, by the qualified electors thereof, one state's attorney, who shall hold his office for the term of four years, and until his successor shall be commissioned and qualified, who shall perform such duties and receive such compensation as may be prescribed hy law: Provided, that the general assembly may hereafter provide by law for the election, by the qualified voters of each county in this state, of one county attorney for each county, in lieu of the state's attorneys provided for in this section; the term of office, duties, and compensation of which county attorneys shall be regu- lated by law.
§ 29. The qualified electors of each county in this state shall elect a clerk of the circuit court, who shall hold his office for the term of four years, and until his suc -. cessor shall have been elected and qualified, who shall perform such duties and receive such compensation as may be prescribed by law. The clerks of the supreme court shall be elected, in each division, by the qualified electors thereof, for the term of six years, and until their successors shall have been elected and qualified, whose duties and compensation shall be provided by law.
§ 30. The first grand division, for the election of judges of the supreme court, shall consist of the counties of Alexander, Pulaski, Massac, Pope, Hardin, Galla- tin, Saline, Williamson, Johnson, Union, Jackson, Randolph, Perry, Franklin, Hamilton, White, Wabash, Edwards, Wayne, Jefferson, Washington, Monroe, Saint Clair, Clinton, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effing- ham, Fayette, Bond, Madison, Jersey, and Calhoun.
1094
ILLINOIS-HISTORICAL AND STATISTICAL.
The second grand division shall consist of the counties of Edgar, Coles, Moul- trie, Shelby, Montgomery, Macoupin, Greene, Pike, Adams, Highland, Hancock, McDonough, Schuyler, Brown, Fulton, Mason, Cass, Morgan, Scott, Sangamon, Christian, Macon, Piatt, Champaign, Vermilion, De Witt, Logan, Menard, Cumber- land, and Clark .- [McLean county was added to the second division by the act of Feb. 16, 1865; Laws 1865, pp. 25, 26.]
The third grand division shall consist of the counties of Henderson, Warren, Knox, Peoria, Tazewell, Woodford, McLean, Livingston, Iroquois, Will, Grundy, Kendall, LaSalle, Putnam, Marshall, Stark, Bureau, Henry, Mercer, Rock Island, Whiteside, Lee, Carroll, Jo Daviess, Stephenson, Winnebago, Ogle, DeKalb, Boone, Kane, McHenry, Lake, Cook, and DuPage.
§ 31. The terms of the supreme court for the first division shall be held at Mount Vernon, in Jefferson county; for the second division, at Springfield, in Sangamon county; for the third division, at Ottawa, in LaSalle county, until some other place in either division is fixed by law.
§ 32. Appeals and writs of error may be taken from the circuit court of any county to the supreme court held in the division which includes such county, or, with the consent of all the parties in the cause, to the supreme court in the next adjoining division.
§ 33. The foregoing districts may, after the taking of each census by the state, be altered, if necessary, to equalize the said districts in population; but such altera- tion shall be made by adding to such district such adjacent county or counties as will make said district nearest equal in population : Provided, no such alteration shall affect the office of any judge then in office.
Art. VI .- Elections and the Rights of Suffrage. § I. In all elections every white male citizen above the age of 21 years, having resided in the state one year next preceding any election, shall be entitled to vote at such election; and every white male inhabitant of the age aforesaid, who may be a resident of the state at the time of the adoption of this constitution, shall have the right of voting as afore- said; but no such citizen or inhabitant shall be entitled to vote, except in the dis- trict or county in which he shall actually reside at the time of such election.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.