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 53
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§ 9. That the oaths of office herein required to be taken may be administered by a justice of the peace until otherwise provided by law.
§ 10. That this constitution shall be submitted to the people for their adoption or rejection, at an election to be held on the first Monday in March, 1848, and there shall also be submitted for adoption or rejection, at the same time, the sepa- rate articles in relation to the emigration of colored persons and the public debt.
§ II. That every person entitled to vote for members of the general assembly, by the constitution and laws now in force, shall, on the first Monday in March, 1848, be entitled to vote for the adoption or rejection of this constitution, and for and against the aforesaid articles separately submitted, and the said qualified electors shall vote in the counties in which they respectively reside, at the usual places of voting, and not elsewhere; and the said election shall be conducted according to the laws now in force in relation to the election of governor, so far as applicable, except as herein otherwise provided.
§ 12. That the poll-book to be used at said election shall, as nearly as practica- ble, be in the following form, to-wit : [Omitted. ]
§ 13. That the returns of the votes for the adoption or rejection of this consti- tution, and for and against the separate articles submitted, shall be made to the secretary of state, within fifty days after the election, and the returns of the votes shall, within five days thereafter, be examined and canvassed by the auditor, treas- urer, and secretary of state, or any two of them, in the presence of the governor, and proclamation shall be made by the governor forthwith of the result of the polls. If it shall appear that a majority of all the votes polled are for the adoption of this constitution, it shall be the supreme law of the land, from and after the first day of April, 1848; but if it shall appear that a majority of the votes polled were given against the constitution, the same shall be null and void. If it shall further appear that a majority of the votes polled shall have been given for the separate article in relation to colored persons, or the article for the two-mill tax, then said article or articles shall be and form a part of this constitution; otherwise said article or articles shall be null and void.
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ILLINOIS-HISTORICAL AND STATISTICAL.
§ 14. That if 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 in this state, or in case of vacancy, 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 at least twenty days' notice of the time and place of said election, in the manner now prescribed by law.
§ 15. The general assembly shall, at its first session after the adoption of this constitution, provide by law for the mode of voting by ballot, and also for the manner of returning, canvassing, and certifying the number of votes cast at any election; and until said law shall be passed, all elections shall be viva voce, and the laws now in force regulating elections shall continue in force until the general assembly shall provide otherwise, as herein directed.
§ 16. That the first general election of governor, secretary of state, auditor, treasurer, and members of the general assembly, and of such other officers as are to be elected at the same time, shall be held on the first Monday of August, 1848, anything in this constitution to the contrary notwithstanding. County officers then elected shall hold their respective offices until their successors are elected or appointed, in conformity with laws hereafter enacted.
§ 17. That returns of the election of justices of the supreme and judges of the circuit courts, secretary of state, auditor, and treasurer, shall be made and canvassed as is now provided by law for representatives in congress; and returns for members of the general assembly and county officers shall be made and canvassed as is now provided by law.
§ 18. That 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. On the first Monday in December, 1848, the term of office of judges of the supreme court, state's attorneys, and of the clerks of the supreme and circuit courts, shall expire; and on said day, the term of office of the judges, state's attor- neys, and clerks elected under the provisions of this constitution, shall commence. The judges of the supreme court, elected as aforesaid, shall have and exercise the powers and jurisdiction conferred upon the present judges of that court; and the said judges of the circuit court shall have and exercise the powers and jurisdiction conferred, upon the judges of those courts, subject to the provisions of this con- stitution.
§ 20. On the first Monday of December, 1848, jurisdiction of all suits and pro- ceedings then pending in the present supreme court shall become vested in the supreme court established by this constitution, and shall be finally adjudicated by the court where the same may be pending. The jurisdiction of all suits and pro- ceedings then pending in the circuit courts of the several counties shall be vested in the circuit courts of said counties.
§ 21. The Cook and Jo Daviess county courts shall continue to exist, and the judge and other officers of the same remain in office until otherwise provided by law.
§ 22. Until otherwise provided by law, the terms of the supreme court shall be held as follows: In the first division, on the first Monday of December, 1848, and annually thereafter. In the second division, on the third Monday of December, 1848, and annually thereafter. In the third division, on the first Monday of Feb- ruary, 1849, and annually thereafter. The sheriffs of Jefferson and LaSalle counties
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APPENDIX-CONSTITUTION OF 1848.
shall perform the same duties and receive the same compensation as is required and provided for the sheriff of Sangamon county, until otherwise provided by law.
§ 23. Nothing in this constitution shall prevent the general assembly from pass- ing such laws in relation to the apprenticeship of minors, during their minority, as may be necessary and proper.
§ 24. That the general assembly shall pass all laws necessary to carry into effect the provisions of this constitution.
§ 25. Elections of judges of the supreme and circuit courts shall be subject to be contested.
§ 26. Contested elections of judges of the supreme court shall be tried by the senate, and of judges of the circuit court by the supreme court, and the general assembly shall prescribe the manner of proceeding therein.
NEWTON CLOUD, President, Morgan.
AUGUSTUS ADAMS, Kane.
THOS. G. C. DAVIS, Massac.
GEORGE W. AKIN, Franklin.
JOHN DAWSON, Sangamon.
*WILLIS ALLEN, Franklin.
PETER W. DEITZ, McHenry.
*SAMUEL ANDERSON, Will.
JOHN DEMENT, Lee.
WM. R. ARCHER, Pike. GEORGE W. ARMSTRONG, Grundy.
HENRY E. DUMMER, Cass.
MARTIN ATHERTON, Alexander.
PATRICK BALLINGALL, Cook.
DANIEL DUNSMORE, Scott.
JOSEPH T. ECCLES, Montgomery.
JOHN WM. F. EDMONSON, Fayette.
CYRUS EDWARDS, Madison.
WM. BOSBYSHELL, Calhoun.
NINIAN WIRT EDWARDS, Sangamon. EDWARD EVEY, Shelby.
JAMES BROCKMAN, Brown.
GEO. T. BROWN, Madison.
SETH B. FARWELL, Stephenson.
FREDERICK FRICK, Mercer.
JAMES GRAHAM, Macoupin.
THOMAS GEDDES, Hancock.
Rev. HENRY R. GREEN, Tazewell. PETER GREEN, Clay.
WILLIAM B. GREEN, Jo Daviess.
DAVID L. GREGG, Cook.
WM. A. GRIMSHAW, Pike.
ABNER C. HARDING, Knox.
JUSTIN HARLAN, Clark. JOSHUA HARPER, Henry.
SELDEN M. CHURCH, Winnebago.
ALFRED CHURCHILL, Kane.
EBEN F. COLBY, Cook.
JEDUTHAN HATCH, DuPage.
CHAS. HENRY CONSTABLE, Wabash. JOHN CRAIN, Clinton.
ROBERT J. CROSS, Winnebago.
SAMUEL J. CROSS, Woodford. MICHAEL G. DALE, Bond.
DAVID DAVIS, McLean.
JAMES M. DAVIS, Montgomery.
NELSON HAWLEY, Crawford. DANIEL HAY, White. SAMUEL SNOWDON HAYES, White.
+REUBEN E. HEACOCK, Cook. HUGH HENDERSON, Will.
GEORGE W. HILL, DeKalb. ABRAHAM HOES, LaSalle.
* Signed by proxy.
+ Absent-did not sign.
GEORGE BUNSEN, St. Clair. HORACE BUTLER, Lake. +ALBERT G. CALDWELL, Gallatin.
*JAMES DUNLAP, Morgan. HARVEY DUNN, Pike.
*MONTGOMERY BLAIR, Pike. WM. H. BLAKELY, Cumberland. BEN. BOND, Clinton.
JAMES M. CAMPBELL, McDonough. THOMPSON CAMPBELL, Jo Daviess. JOHN CANADAY, Vermilion. +THOS. B. CARTER, Livingston.
*FRANKLIN S. CASEY, Jefferson. ZADOC CASEY, Jefferson. CHARLES CHOATE, Hancock.
CURTIS K. HARVEY, Knox.
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ILLINOIS-HISTORICAL AND STATISTICAL.
JAMES M. HOGUE, Wayne.
*WM. H. HOLMES, Tazewell. SAMUEL HUNSAKER, Union. STEPHEN A. HURLBUT, Boone. JOHN HUSTON, Warren. AARON C. JACKSON, Whiteside. JAS. A. JAMES, Monroe. ALEX. M. JENKINS, Jackson. HUMPHREY B. JONES, Perry. THOMAS JUDD, Kane. ALVIN R. KENNER, Edwards. SIMON KINNEY, Bureau. WILLIAM C. KINNEY, St. Clair.
ALFRED KITCHELL, Richland. AUGUSTUS R. KNAPP, Jersey.
NAT. MORSE KNAPP, Scott. LINCOLN B. KNOWLTON, Peoria. JAMES KNOX, Knox.
GEORGE KREIDER, Fulton.
+SAMUEL LANDER, Livingston.
JAMES M. LASATER, Hamilton.
WILLIAM LAUGHLIN, Adams.
GEORGE B. LEMAN, De Witt.
ISAAC LINLEY, Fulton.
SAMUEL DRAKE LOCKWOOD, Morgan. STEPHEN TRIGG LOGAN, Sangamon.
JOHN TINEN LOUDON, Williamson.
ANDREW MCCALLEN, Hardin.
JOHN MCCULLEY, St. Clair.
WM. MCCLURE, Will.
ALEX. McHATTON, Schuyler. *URI MANLY, Clark. DAVID MARKLEY, Fulton.
FRANKLIN S. D. MARSHALL, Mason.
THOS. A. MARSHALL, Coles.
JOHN WEST MASON, Kendall.
JAMES H. MATHENY, Sangamon.
*JOHN MIEURE, Lawrence. ROBERT MILLER, Hancock. WM. A. MINSHALL, Schuyler. *GARNER MOFFETT, Carroll.
WILLIAM S. MOORE, Hancock.
RICHARD G. MORRIS, Crawford. JACOB M. NICHOLS, Adams.
BENJ. F. NORTHCOTT, Menard.
JESSE O. NORTON, Will.
JOHN OLIVER, Johnson.
GEO. W. PACE, Marion. HENRY D. PALMER, Marshall.
JOHN MCAULEY PALMER, Macoupin.
ONSLOW PETERS, Peoria. DANIEL J. PINCKNEY, Ogle. WM. B. POWERS, Adams. O. C. PRATT, Jo Daviess. GEORGE W. RIVES, Edgar.
EZEKIEL WRIGHT ROBBINS, Randolph
BENAIAH ROBINSON, Madison. WM. W. ROMAN, St. Clair.
HIRAM ROUNTREE, Montgomery.
WALTER BENNETT SCATES, Jefferson.
RICHARD B. SERVANT, Randolph.
+THOS. C. SHARPE, Hancock.
+FRANCIS CORNWALL SHERMAN, Cook WILLIAM SHIELDS, Edgar.
DORICE DWIGHT SHUMWAY, Christ'n JOHN SIBLEY, McHenry. WM. SIM, Pope.
LEWIS J. SIMPSON, Highland (Adams).
+JAS. W. SINGLETON, Brown.
EDWARD O. SMITH, Macon.
JACOB SMITH, Gallatin.
JOHN W. SPENCER, Rock Island.
WM. STADDEN, LaSalle.
HURLBURT SWAN, Lake.
WM. THOMAS, Morgan.
WM. W. THOMPSON, Peoria.
ANTHONY THORNTON, Shelby.
THOS. B. TROWER. Coles.
GILBERT TURNBULL, Henderson.
OAKS TURNER, Putnam.
WM. TUTT, Clark. JAMES TUTTLE, Logan.
JOHN W. VANCE, Vermilion.
ZENAS H. VERNOR, Washington.
HEZEKIAH M. WEAD, Fulton.
THOMPSON R. WEBBER, Champaign.
EDW. M. WEST, Madison.
ARCHIBALD WILLIAMS, Adams. FRANKLIN WITT, Greene.
JOHN DAVIS WHITESIDE, Monroe.
DANIEL HILTON WHITNEY, Boone.
DAVID MEADE WOODSON, Greene.
LINUS E. WORCESTER, Greene.
Attest, HENRY W. MOORE, Gallatin, Secretary. HARMAN G. REYNOLDS, Rock Island, Assistant-Secretary.
* Signed by proxy.
+ Absent-did not sign.
1105
APPENDIX-CONSTITUTION OF 1870.
Constitution of 1870.
Adopted in convention May 13, 1870; ratified by the people July 2, 1870; in force August 8, 1870.
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 order to form a more perfect government, establish justice, insure domestic tranquility, 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.
Art. 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° and 30'; 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 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.
Art. II .- Bill of Rights. § 1. 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, without due process of law.
§ 3. The free exercise and enjoyment of religious profession and worship, without discrimination, 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 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.
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ILLINOIS-HISTORICAL AND STATISTICAL.
§ 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.
§ 8. No person shall be held to answer for a criminal offence, unless on indict- ment of a grand-jury, except in cases in which the punishment is by fine, or imprison- ment 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 committed.
§ 10. 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 ascer- tained 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 represenatives, 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 absolutely necessary to preserve the blessings of liberty.
Art. 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.
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APPENDIX-CONSTITUTION OF 1870.
Art. IV .- Legislative Department. § I. 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 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 the 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 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 collec- tor 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 $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.
§ 5. 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 Constitution of the State of Illinois, and will faithfully discharge the duties of senator (or represen- tative) 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 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 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 representatives in the senate. The State shall be divided into
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ILLINOIS-HISTORICAL AND STATISTICAL.
5 1 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 compact 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.
Minority Representation. §§ 7 and 8. The house of representatives shall con- sist 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 determine the rules of its proceedings, and be the judge of the election, returns, and qualifications 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 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 contempt- uous behavior.
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