This is ready to go At some point this constitution still needs There is a table that needs to be added, sec 12 of the schedule JW 1.10.02 *** CSTART IL 3/5/1848 8/8/1870*** CONSTITUTION OF ILLINOIS-1848 *** ASTART 9001.0 IL 1848 *** 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 tranquillity, provide for the common defense, 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. *** AEND *** *** ASTART 001.0 IL 1848 *** ARTICLE I BOUNDARIES *** SSTART 001.0 001.0 0 IL 1848 *** SECTION 1. The boundaries and jurisdiction of the State shall be as follows, to wit: Beginning at the mouth of the Wabash River; thence up the same, and with the line of Indiana, to the northwest corner of said State; thence east, with the line of the same State, to the middle of Lake Michigan; thence north, along the middle of said lake, to north latitude forty-two degrees and thirty minutes; thence west to the middle of the Mississippi River, and 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. *** AEND *** *** ASTART 002.0 IL 1848 *** ARTICLE II CONCERNING THE DISTRIBUTION OF THE POWERS OF GOVERNMENT *** SSTART 001.0 002.0 0 IL 1848 *** SECTION 1. The powers of the government of the State of Illinois shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit: those which are legislative, to one; those which are executive, to another; and those which are judicial, to another. *** SEND *** *** SSTART 002.0 002.0 0 IL 1848 *** SEC. 2. 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, and all acts in contravention of this section shall be expressly directed all acts in contravention of this section shall be void. *** SEND *** *** AEND *** *** ASTART 003.0 IL 1848 *** ARTICLE III OF THE LEGISLATIVE DEPARTMENT *** SSTART 001.0 003.0 0 IL 1848 *** SECTION 1. The legislative authority of this State shall be vested in a general assembly, which shall consist of a senate and house of representatives, both to be elected by the people. *** SEND *** *** SSTART 002.0 003.0 0 IL 1848 *** SEC. 2. The first election for senators an representatives shall be held on the Tuesday after the first Monday in November, one thousand eight hundred and forty-eight; and thereafter, elections for members of the general assembly shall be held once in two years, on the Tuesday next after the first Monday in November, in each and every county, at such places therein as may be provided by law. *** SEND *** *** SSTART 003.0 003.0 0 IL 1848 *** SEC. 3. No person shall be a representative who shall not have attained the age of twenty-five years; who shall not be a citizen of the United States, and three years an inhabitant of this State; Who shall not have resided within the limits of the county or district in which he shall be chosen twelve months next preceding his election, if such county or district shall have been so long erected, but, if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the public business of the United States or of this State; and who, moreover, shall not have paid a State or county tax. *** SEND *** *** SSTART 004.0 003.0 0 IL 1848 *** SEC. 4. No person shall be a senator who shall not have attained the age of thirty years; who shall not be a citizen of the United States, five years an inhabitant of this State, and one year in the county or district in which he shall be chosen immediately preceding his election, if such county or district shall have been so long erected, but, if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the public business of the United States or of this State, and shall not, moreover, have paid a State or county tax. *** SEND *** *** SSTART 005.0 003.0 0 IL 1848 *** SEC. 5. The senators at their first session herein provided for shall be divided by lot, as near as can be, into two classes. The seats of the first class shall be vacated at the expiration of the second year, and those of the second class at the expiration of the fourth year; so that one-half thereof, as near as possible, may be biennially chosen forever thereafter. *** SEND *** *** SSTART 006.0 003.0 0 IL 1848 *** SEC. 6. The senate shall consist of twenty-five members, and the house of representatives shall consist of seventy-five members, until the population of the State shall amount to one million of souls, when five members may be added to the house, and five additional members for every five hundred thousand inhabitants thereafter, until the whole number of representatives shall amount to one hundred; after which the number shall neither be increased nor diminished; to be apportioned among the several counties according to the number of white inhabitants. In all future apportionments, where more than one county shall be thrown into a representative district, all the representatives to which said counties may be entitled shall be elected by the entire district. *** SEND *** *** SSTART 007.0 003.0 0 IL 1848 *** SEC. 7. No person elected to the general assembly shall receive any civil appointment within this State, or to the senate of the United States, 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 member 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 time for which he shall have been elected, or during one year after the expiration thereof. *** SEND *** *** SSTART 008.0 003.0 0 IL 1848 *** SEC. 8. In the year one thousand eight hundred and fifty-five, and every tenth year thereafter, an enumeration of the inhabitants of this State shall be made in such manner as shall be directed by law; and in the year eighteen hundred and fifty, and every tenth year thereafter, the census taken by authority of the Government of the United States shall be adopted by the general assembly as the enumeration of this State; and the number of senators and representatives shall, at the first regular session holden after the returns herein provided for are made, apportioned among the several counties or districts to be established by law, according to the number of white inhabitants. *** SEND *** *** SSTART 009.0 003.0 0 IL 1848 *** SEC. 9. Senatorial and representative districts shall be composed of contiguous territory bounded by county lines; and only one senator allowed to each senatorial, and not more than three representatives to any representative district: Provided, That cities and towns, containing the requisite population, may be erected into separate districts. *** SEND *** *** SSTART 010.0 003.0 0 IL 1848 *** SEC. 10. In forming senatorial and representative districts, counties, containing a population of not more than one-fourth over the existing ratio, shall form separate districts, and the excess shall be given to the nearest county or counties not having a senator or representative, as the case may be, which has the largest white population. *** SEND *** *** SSTART 011.0 003.0 0 IL 1848 *** SEC. 11. The first session of the general assembly shall commence on the first, Monday of January, one thousand eight hundred and forty-nine; and forever after the general assembly shall meet on the first Monday of January next ensuing the election of the members thereof, and at no other period, unless as provided by this constitution. *** SEND *** *** SSTART 012.0 003.0 0 IL 1848 *** SEC. 12. The senate and house of representatives, when assembled, shall each choose a speaker and other officers, (the speaker of the senate excepted). Each house shall judge of the qualifications and election of its members, and sit upon its own adjournments. Two-thirds of each house shall constitute a quorum; but a smaller number may adjourn from day to day, and compel the attendance of absent members. *** SEND *** *** SSTART 013.0 003.0 0 IL 1848 *** SEC. 13. Each house shall keep a journal of its proceedings, and publish them. The yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals. *** SEND *** *** SSTART 014.0 003.0 0 IL 1848 *** SEC. 14. Any two members of either house shall have liberty to dissent and protest against any act or resolution which they may think injurious to the public, or to any individual, and have the reasons of their dissent entered on the journals. *** SEND *** *** SSTART 015.0 003.0 0 IL 1848 *** SEC. 15. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of all the members elected, expel a member, but not a second time for the same cause; and the reason for such expulsion shall be entered upon the journal, with the names of the members voting upon the question. *** SEND *** *** SSTART 016.0 003.0 0 IL 1848 *** SEC. 16. When vacancies shall happen in either house, the governor, or the person exercising the powers of governor, shall issue writs of election to fill such vacancies. *** SEND *** *** SSTART 017.0 003.0 0 IL 1848 *** SEC. 17. 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 and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. *** SEND *** *** SSTART 018.0 003.0 0 IL 1848 *** SEC. 18. Each house may punish, by imprisonment during its session, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence: Provided, Such imprisonment shall not, at any one time, exceed twenty-four hours. *** SEND *** *** SSTART 019.0 003.0 0 IL 1848 *** SEC. 19. 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, nor to any other place than, that in which the two houses shall be sitting *** SEND *** *** SSTART 020.0 003.0 0 IL 1848 *** SEC. 20. 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." *** SEND *** *** SSTART 021.0 003.0 0 IL 1848 *** SEC. 21. 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 ayes and noes, and shall be entered on the journal; and no bill shall become a law without the concurrence of a majority of all the members elect in each house. *** SEND *** *** SSTART 022.0 003.0 0 IL 1848 *** SEC. 22. Bills making appropriations for the pay of the members and officers of the general assembly, and for the salaries of the officers of the government, shall not contain any provision on any other subject. *** SEND *** *** SSTART 023.0 003.0 0 IL 1848 *** SEC. 23. Every bill shall be read on three different days in each house, unless, in case of urgency, three-fourths of the house, where such bill is so depending, shall deem it expedient to dispense with this rule; and every bill, having passed both houses, shall be signed by the speakers of their respective houses; and no private or local law which may be passed by the general assembly shall embrace more than one subject, and that shall be expressed in the title. And no public act of the general assembly shall take effect or be in force until the expiration of sixty days from the end of the session at which the same may be passed, unless, in case of emergency, the general assembly shall otherwise direct. *** SEND *** *** SSTART 024.0 003.0 0 IL 1848 *** SEC. 24. The sum of two dollars per day, for the first forty-two days' attendance, and one dollar per day for each day's attendance thereafter, and ten cents for each necessary mile's travel going to and returning from the seat of government, shall be allowed to the members of the general assembly, as a compensation for their services, and no more. The speaker of the house of representatives shall be allowed the sum of one dollar per day, in addition to his per diem as a member. *** SEND *** *** SSTART 025.0 003.0 0 IL 1848 *** SEC. 25. The per diem and mileage allowed to each member of the general assembly shall be certified by the speakers of their respective houses, and entered on the journal, and published at the close of each session. *** SEND *** *** SSTART 026.0 003.0 0 IL 1848 *** SEC. 26. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and an accurate statement of the receipts and expenditures of the public moneys shall be attached to, and published with, the laws at the rising of each session of the general assembly. And no person, who has been or may be a collector or holder of the public moneys, shall be eligible to a seat in either house of the general assembly, nor be eligible to any office of profit or trust in this State, until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable. *** SEND *** *** SSTART 027.0 003.0 0 IL 1848 *** SEC. 27. The house of representatives shall have the sole power of impeaching; but a majority of all the members elected must concur in an impeachment. All impeachments shall be tried by the senate; and when sitting for that purpose the senators shall be upon oath, or affirmation, to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the senators elected. *** SEND *** *** SSTART 028.0 003.0 0 IL 1848 *** SEC. 28. The governor, and other civil officers under this State, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, profit, or trust under this State. The party, whether convicted or acquitted, shall, nevertheless, be liable, to indictment, trial, judgment, and punishment, according to law. *** SEND *** *** SSTART 029.0 003.0 0 IL 1848 *** SEC. 29. No judge of any court of law or equity, secretary of state, attorney-general, attorney for the State, recorder, clerk of any court of record, sheriff, or collector, member of either house of Congress, or person holding any lucrative office under the United States or of this State-provided that appointments in the militia, or justices of the peace, shall not be considered lucrative offices- shall have a seat in the general assembly; nor shall any person holding any office of honor or profit under the Government of the United States hold any office of honor or profit under the authority of this State. *** SEND *** *** SSTART 030.0 003.0 0 IL 1848 *** SEC. 30. Every person who shall be chosen or appointed to any office of trust or profit shall, before entering upon the duties thereof, take an oath to support the Constitution of the United States, and of this State, and also an oath of office. *** SEND *** *** SSTART 031.0 003.0 0 IL 1848 *** SEC. 31. The general assembly shall have full power to exclude from the privilege of electing, or being elected, any person convicted of bribery, perjury, or other infamous crime. *** SEND *** *** SSTART 032.0 003.0 0 IL 1848 *** SEC. 32. The general assembly shall have no power to grant divorces, but may authorize the courts of justice to grant them for such cause as may be specified by law: Provided, That such laws be general and uniform in their operation. *** SEND *** *** SSTART 033.0 003.0 0 IL 1848 *** SEC. 33. The general assembly shall never grant or authorize extra compensation to any public officer, agent, servant, or contractor, after the service shall have been rendered, or the contract entered into. *** SEND *** *** SSTART 034.0 003.0 0 IL 1848 *** SEC. 34. The general assembly shall direct by law in what manner suits may be brought against the State. *** SEND *** *** SSTART 035.0 003.0 0 IL 1848 *** SEC. 35. The general assembly shall have no power to authorize lotteries for any purpose, nor to revive or extend the charter of the State bank, or the charter of any other bank heretofore existing in this State, and shall pass laws to prohibit the sale of lottery-tickets in this State. *** SEND *** *** SSTART 036.0 003.0 0 IL 1848 *** SEC. 36. The general assembly shall have no power to authorize, by private or special law, the sale of any lands or other real estate belonging in whole or in part to any individual or individuals. *** SEND *** *** SSTART 037.0 003.0 0 IL 1848 *** SEC. 37. Each general assembly shall provide for all the appropriations necessary for the ordinary and contingent expenses of the government until the adjournment of the next regular session, the aggregate amount of which shall not be increased without a vote of two-thirds of each house, nor exceed the amount of revenue authorized by law to be raised in such time: Provided, The State may, to meet casual deficits or failures in revenue, contract debts never to exceed in the aggregate fifty thousand dollars; and the moneys thus borrowed shall be applied to the purpose for which they were obtained, or to repay the debt thus made, 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 all 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. *** SEND *** *** SSTART 038.0 003.0 0 IL 1848 *** SEC. 38. The credit of the State shall not, in any manner, be given to, or in aid of, any individual, association, or corporation. *** SEND *** *** SSTART 039.0 003.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 040.0 003.0 0 IL 1848 *** SEC. 40. Until there shall be a new apportionment of senators and representatives, the State shall be divided into senatorial and representative districts; and the senators and representatives shall be apportioned among the several districts as follows, viz: SENATORIAL DISTRICTS 1. The counties of Alexander, Union, Pulaski, Johnson, Massac, Pope, and Hardin shall constitute the first senatorial district, and shall be entitled to one senator. 2. The counties of Gallatin, Saline, Williamson, Franklin, and White shall constitute the second senatorial district, and be entitled to one senator. 3. The counties of Jefferson, Wayne, Marion and Hamilton shall constitute the third senatorial district, and be entitled to one senator. 4. The counties of Washington, Perry, Randolph, and Jackson shall constitute the fourth senatorial district, and be entitled to one senator. 5. The counties of Saint Clair and Monroe shall constitute the fifth senatorial district, and be entitled to one senator. 6. The counties of Madison and Clinton shall constitute the sixth senatorial district, and be entitled to one senator. 7. The counties of Christian, Shelby, Montgomery, Bond, and Fayette shall constitute the seventh senatorial district, and be entitled to one senator. 8. The counties of Effingham, Jasper, Clay, Richland, Lawrence, Edwards, and Wabash shall constitute the eighth senatorial district, and be entitled to one senator. 9. The counties of Edgar, Clark, and Crawford shall constitute the ninth senatorial district, and be entitled to one senator. 10. The counties of Vermillion, Champaign, Piatt, Moultrie, Coles, and Cumberland shall constitute the tenth senatorial district, and be entitled to one senator. 11. The counties of Tazewell, McLean, Logan, De Witt, and Macon shall constitute the eleventh senatorial district and be entitled to one senator. 12. The counties of Sangamon, Menard, and Mason shall constitute the twelfth senatorial district, and be entitled to one senator. 13. The counties of Macoupin, Jersey, Greene, and Calhoun shall constitute the thirteenth senatorial district, and be entitled to one senator. 14. The counties of Morgan, Scott, and Cass shall constitute the fourteenth senatorial district, and be entitled to one senator. 15. The counties of Adams and Pike shall constitute the fifteenth senatorial district, and be entitled to one senator. 16. The counties of McDonough, Schuyler, Brown, and Highland shall constitute the sixteenth senatorial district, and be entitled to one senator. 17. The counties of Hancock and Henderson shall constitute the seventeenth senatorial district, and be entitled to one senator. 18. The counties of Fulton and Peoria shall constitute the eighteenth senatorial district, and be entitled to one senator. 19. The counties of Rock Island, Henry, Mercer, Warren, Knox, and Stark shall constitute the nineteenth senatorial district, and be entitled to one senator. 20. The counties of La Salle, Bureau, Putnam, Marshall, Woodford, Livingston, and Grundy shall constitute the twentieth senatorial district, and be entitled to one senator. 21. The counties of Du Page, Kendall, Will, and Iroquois shall constitute the twenty-first senatorial district, and be entitled to one senator. 22. The counties of Ogle, Lee, De Kalb, and Kane shall constitute the twenty-second senatorial district, and be entitled to one senator. 23. The counties of Jo Daviess, Stephenson, Carroll, and Whitesides shall constitute the twenty- third senatorial district, and be entitled to one senator. 24. The counties of McHenry, Boone, and Winnebago shall constitute the twenty-fourth senatorial district, and be entitled to one senator. 25. The counties of Cook and Lake shall constitute the twenty-fifth senatorial district, and be entitled to one senator. REPRESENTATIVE DISTRICTS 1. The counties of Union, Alexander, and Pulaski shall constitute the first representative district, and be entitled to one representative. 2. The counties of Massac, Pope, and Hardin shall constitute the second representative district, and be entitled to one representative. 3. The counties of Gallatin and Saline shall constitute the third representative district, and be entitled to one representative. 4. The counties of Johnson and Williamson shall constitute the fourth representative district, and be entitled to one representative. 5. The counties of Jackson and Franklin shall constitute the fifth representative district, and be entitled to one representative. 6. The counties of Marion, Jefferson, Wayne, and Hamilton shall constitute the sixth representative district, and be entitled to three representatives: Provided, That no county in said district shall have more than one of said representatives, and the county from which a senator shall be selected shall not be entitled to a representative residing in said county. 7. The county of White shall constitute the seventh representative district, and be entitled to one representative. 8. The counties of Wabash and Edwards shall constitute the eighth representative district, and be entitled to one representative. 9. The counties of Lawrence and Richland shall constitute the ninth representative district, and be entitled to one representative. 10. The counties of Crawford and Jasper shall constitute the tenth representative district, and be entitled to one re representative. 11. The county of Coles shall constitute the eleventh representative district, and be entitled to one representative. 12. The county of Clark shall constitute the twelfth representative district, and be entitled to one representative. 13. The counties of Cumberland, Effingham, and Clay, shall constitute the thirteenth representative district, and be entitled to one representative. 14. The county of Fayette shall constitute the fourteenth representative district, and be entitled to one representative. 15. The counties of Montgomery, Bond, and Clinton shall constitute the fifteenth representative district, and be entitled to two representatives. 16. The counties of Washington and Perry shall constitute the sixteenth representative district, and be entitled to one representative. 17. The county of Randolph shall constitute the seventeenth representative district, and be entitled to one representative. 18. The county of Monroe shall constitute the eighteenth representative district, and be entitled to one representative. 19. The county of Saint Clair shall constitute the nineteenth representative district, and be entitled to two representatives. 20. The county of Madison shall constitute the twentieth representative district, and be entitled to two representatives. 21. The county of Macoupin shall constitute the twenty-first representative district, and be entitled to one representative. 22. The counties of Jersey and Greene shall constitute the twenty-second representative district, and be entitled to two representatives. 23. The county of Scott shall constitute the twenty-third representative district, and be entitled to one representative. 24. The county of Morgan shall constitute the twenty-fourth representative district, and be entitled to two representatives. 25. The counties of Cass and Menard shall constitute the twenty-fifth representative district, and be entitled to one representative. 26. The county of Sangamon shall constitute the twenty-sixth representative district, and be entitled to two representatives. 27. The counties of Mason and Logan shall constitute the twenty-seventh representative district, and be entitled to one representative. 28. The county of Tazewell shall constitute the twenty-eighth representative district, and be entitled to one representative. 29. The counties of McLean and De Witt shall constitute the twenty-ninth representative district, and be entitled to one representative. 30. The county of Vermillion shall constitute the thirtieth representative district, and be entitled to one representative. 31. The county of Edgar shall constitute the thirty-first representative district, and be entitled to one representative. 32. The counties of Champaign, Piatt, Moultrie, and Macon shall constitute the thirty-second representative district, and be entitled to one representative. 33. The counties of Shelby and Christian shall constitute the thirty-third representative district, and be entitled to one representative. 34. The counties of Pike and Calhoun shall constitute the thirty-fourth representative district, and be entitled to two representatives. 35. The counties of Adams, Highland, and Brown shall constitute the thirty-fifth representative district, and be entitled to three representatives. 36. The county of Schuyler shall constitute the thirty-sixth representative district, and be entitled to one representative. 37. The county of Hancock shall constitute the thirty-seventh representative district, and be entitled to two representatives. 38. The county of McDonough shall constitute the thirty-eighth representative district, and be entitled to one representative. 39. The county of Fulton shall constitute the thirty-ninth representative district, and be entitled to two representatives. 40. The county of Peoria shall constitute the fortieth representative district, and be entitled to one representative. 41. The county of Knox shall constitute the forty-first representative district, and be entitled to one representative. 42. The counties of Mercer, Warren, and Henderson shall constitute the forty-second representative district, and be entitled to two representatives. 43. The counties of Rock Island, Henry, and Stark shall constitute the forty-third representative district, and be entitled to one representative. 44. The counties of Whitesides and Lee shall constitute the forty-fourth representative district, and be entitled to one representative. 45. The counties of Carroll and Ogle shall constitute the forty-fifth representative district, and be entitled to one representative. 46. The counties of Jo Daviess and Stephenson shall constitute the forty-sixth representative district, and be entitled to two representatives. 47. The county of Winnebago shall constitute the forty-seventh representative district, and be entitled to one representative. 48. The counties of Putnam, Marshall, and Woodford shall constitute the forty-eighth representative district, and be entitled to one representative. 49. The counties of La Salle, Grundy, Livingston, and Bureau shall constitute the forty-ninth representative district, and be entitled to two representatives. 50. The counties of Du Page, Kendall, Will, and Iroquois shall constitute the fiftieth representative district, and be entitled to three representatives. 51. The counties of Kane and De Kalb shall constitute the fifty-first representative district, and be entitled to two representatives. 52. The counties of Boone and McHenry shall constitute the fifty-second representative district, and be entitled to two representatives. 53. The county of Lake shall constitute the fifty-third representative district, and be entitled to one representative. 54. The county of Cook shall constitute the fifty-fourth representative district, and be entitled to two representatives. *** SEND *** *** SSTART 041.0 003.0 0 IL 1848 *** SEC. 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 thirty 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. *** SEND *** *** AEND *** *** ASTART 004.0 IL 1848 *** ARTICLE IV OF THE EXECUTIVE DEPARTMENT *** SSTART 001.0 004.0 0 IL 1848 *** SECTION 1. The executive power of the State shall be vested in a governor. *** SEND *** *** SSTART 002.0 004.0 0 IL 1848 *** SEC. 2. The first election of governor shall be held on Tuesday next after the first Monday in November, A. D. 1848; and the next election shall be held on Tuesday next after the first Monday of November, A. D. 1852; and thereafter an election for governor shall be held once in four years, on Tuesday next after the first Monday of November. The governor shall be chosen by the electors of the members of the general assembly, at the same places and in the some 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 elections shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law. *** SEND *** *** SSTART 003.0 004.0 0 IL 1848 *** SEC. 3. The first governor shall enter upon the duties of his office on the second Monday of January, A. D. 1849, and shall hold his office until the second Monday of January, A. D. 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. *** SEND *** *** SSTART 004.0 004.0 0 IL 1848 *** SEC. 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 thirty-five years, and been ten years a resident of this State, and fourteen years a citizen of the United States. *** SEND *** *** SSTART 005.0 004.0 0 IL 1848 *** SEC. 5. The governor shall reside at the seat of government, and receive a salary of fifteen hundred dollars 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. *** SEND *** *** SSTART 006.0 004.0 0 IL 1848 *** SEC. 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." *** SEND *** *** SSTART 007.0 004.0 0 IL 1848 *** SEC. 7. He shall, from time to time, give the general assembly information of the seat of the government, and recommend to their consideration such measures as he shall deem expedient. *** SEND *** *** SSTART 008.0 004.0 0 IL 1848 *** SEC. 8. The governor shall have power to grant reprieves, commutations, and pardons, after conviction, for all offenses, 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 commutation, pardon, or reprieve. *** SEND *** *** SSTART 009.0 004.0 0 IL 1848 *** SEC. 9. He may require information in writing from the officers in the executive departments, upon any subject relating to the duties of their respective offices, and shall take care that the laws be faithfully executed. *** SEND *** *** SSTART 010.0 004.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 011.0 004.0 0 IL 1848 *** SEC. 11. 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. *** SEND *** *** SSTART 012.0 004.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 013.0 004.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 014.0 004.0 0 IL 1848 *** SEC. 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 qualifications. In voting for governor and lieutenant-governor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant-governor. *** SEND *** *** SSTART 015.0 004.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 016.0 004.0 0 IL 1848 *** SEC. 16. Whenever the government shall be administered by the lieutenant-governor, 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. *** SEND *** *** SSTART 017.0 004.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 018.0 004.0 0 IL 1848 *** SEC. 18. If the lieutenant-governor shall be called upon to administer the government, 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 of state, for the time being, to convene the senate for the purpose of choosing a speaker. *** SEND *** *** SSTART 019.0 004.0 0 IL 1848 *** SEC. 19. In case of impeachment of the governor, his absence from the State, or inability to discharge the duties of his office, the powers, duties, and emoluments 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. *** SEND *** *** SSTART 020.0 004.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 021.0 004.0 0 IL 1848 *** SEC. 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 is 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, notwithstanding 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 ten 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 ten days, or be a law. *** SEND *** *** SSTART 022.0 004.0 0 IL 1848 *** SEC. 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 eight hundred dollars 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. *** SEND *** *** SSTART 023.0 004.0 0 IL 1848 *** SEC. 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 one thousand dollars per annum for his services, and no more. *** SEND *** *** SSTART 024.0 004.0 0 IL 1848 *** SEC. 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 eight hundred dollars per annum, and no more. *** SEND *** *** SSTART 025.0 004.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 026.0 004.0 0 IL 1848 *** SEC. 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. *** SEND *** *** AEND *** *** ASTART 005.0 IL 1848 *** ARTICLE V OF THE JUDICIARY DEPARTMENT *** SSTART 001.0 005.0 0 IL 1848 *** SECTION - 1. 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. *** SEND *** *** SSTART 002.0 005.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 003.0 005.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 004.0 005.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 005.0 005.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 006.0 005.0 0 IL 1848 *** SEC. 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 provided for by law. *** SEND *** *** SSTART 007.0 005.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 008.0 005.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 009.0 005.0 0 IL 1848 *** SEC. 9. All vacancies in the supreme and circuit courts shall be filled by the election as aforesaid: Provided, however, That if the unexpired term does not exceed one year, such vacancy may be filled by executive appointment. *** SEND *** *** SSTART 010.0 005.0 0 IL 1848 *** SEC. 10. The Judges of the supreme court shall receive a salary of twelve hundred dollars per annum, payable quarterly, and no more. The judges of the circuit courts shall receive a salary of one thousand dollars per annum, payable quarterly, and no more. The judges of the supreme and circuit courts shall not be eligible to any other office or public trust, of profit, in this State or the United States, during the term for which they are 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 courts,) given by the general assembly, or the people, shall be void. *** SEND *** *** SSTART 011.0 005.0 0 IL 1848 *** SEC. 11. 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 thirty-five years; and no person shall be eligible to the office of judge of the circuit court until he shall have attained the age of thirty years. *** SEND *** *** SSTART 012.0 005.0 0 IL 1848 *** SEC. 12. For any reasonable cause, to be entered on the journals of each house, which shall not be a 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. *** SEND *** *** SSTART 013.0 005.0 0 IL 1848 *** SEC. 13 . The first election for justices of the supreme court and judges of the circuit courts shall be held on the first Monday of September, 1848. *** SEND *** *** SSTART 014.0 005.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 015.0 005.0 0 IL 1848 *** SEC. 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 additional circuit is created, such provision may be made as to hold the second election of such additional judge at the regular elections herein provided. *** SEND *** *** SSTART 016.0 005.0 0 IL 1848 *** SEC. 16. There shall be in each county a court to be called a county court. *** SEND *** *** SSTART 017.0 005.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 018.0 005.0 0 IL 1848 *** SEC. 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 one hundred dollars. *** SEND *** *** SSTART 019.0 005.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 020.0 005.0 0 IL 1848 *** SEC. 20. The general assembly shall provide for the compensation of the county judge. *** SEND *** *** SSTART 021.0 005.0 0 IL 1848 *** SEC. 21. The clerks of the supreme and circuit courts, and State's attorneys, shall 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 Tuesday next after the first Monday of November, 1852, and every fourth year thereafter. *** SEND *** *** SSTART 022.0 005.0 0 IL 1848 *** SEC. 22. All judges and State's attorneys shall be commissioned by the governor. *** SEND *** *** SSTART 023.0 005.0 0 IL 1848 *** SEC. 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 a manner as the general assembly shall direct: Provided, That no such officer shall be elected by the general assembly. *** SEND *** *** SSTART 024.0 005.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 025.0 005.0 0 IL 1848 *** SEC. 25. County judges, clerks, sheriffs, and other county officers, for willful 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. *** SEND *** *** SSTART 026.0 005.0 0 IL 1848 *** SEC. 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." *** SEND *** *** SSTART 027.0 005.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 028.0 005.0 0 IL 1848 *** SEC. 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 by 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 regulated by law. *** SEND *** *** SSTART 029.0 005.0 0 IL 1848 *** SEC. 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 successor 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. *** SEND *** *** SSTART 030.0 005.0 0 IL 1848 *** SEC. 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, Gallatin, 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, Effingham, Fayette, Bond, Madison, Jersey, and Calhoun. The second grand division shall consist of the counties of Edgar, Coles, Moultrie, Sbelby, Montgomery, Macoupin, Greene, Pike, Adams, Highland, Hancock, McDonough, Schuyler, Brown, Fulton, Mason, Cass, Morgan, Scott, Sangamon, Christian, Macon, Piatt, Champaign, Vermillion, De Witt, Logan, Menard, Cumberland, and Clark. [ McLean county was added to the second division by the act of February 16, 1865.] The third grand division shall consist of the counties of Henderson, Warren, Knox, Peoria, Tazewell, Woodford, McLean, Livingston, Iroquois, Will, Grundy, Kendall, La Salle, Putnam, Marshall, Stark, Bureau, Henry, Mercer, Rock Island, Whitesides, Lee, Carroll, Jo Daviess, Stephenson, Winnebago, Ogle, De Kalb, Boone, Kane, McHenry, Lake, Cook, and Du Page. *** SEND *** *** SSTART 031.0 005.0 0 IL 1848 *** SEC. 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 La Salle County; until some other place in either division is fixed by law. *** SEND *** *** SSTART 032.0 005.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 033.0 005.0 0 IL 1848 *** SEC. 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 alteration 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. *** SEND *** *** AEND *** *** ASTART 006.0 IL 1848 *** ARTICLE VI ON ELECTIONS AND THE RIGHT OF SUFFRAGE *** SSTART 001.0 006.0 0 IL 1848 *** SECTION 1. In all elections every white male citizen above the age of twenty-one 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 aforesaid; but no such citizen or inhabitant shall be entitled to vote except in the district or county in which he shall actually reside at the time of such election. *** SEND *** *** SSTART 002.0 006.0 0 IL 1848 *** SEC. 2. All votes shall be given by ballot. *** SEND *** *** SSTART 003.0 006.0 0 IL 1848 *** SEC. 3. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same. *** SEND *** *** SSTART 004.0 006.0 0 IL 1848 *** SEC. 4. No elector shall be obliged to do militia duty on the days of election, except in time of war or public danger. *** SEND *** *** SSTART 005.0 006.0 0 IL 1848 *** SEC. 5. No elector shall be deemed to have lost his residence in this State by reason of his absence on the business of the United States or of this State. *** SEND *** *** SSTART 006.0 006.0 0 IL 1848 *** SEC. 6. No soldier, seaman, or marine, in the Army or Navy of the United States, shall be deemed a resident of this State in consequence of being stationed at any military or naval place within the same. *** SEND *** *** SSTART 007.0 006.0 0 IL 1848 *** SEC. 7. No person shall be elected or appointed to any office in this State, civil or military, who is not a citizen of the United States, and who shall not have resided in this State one year next before the election or appointment. *** SEND *** *** SSTART 008.0 006.0 0 IL 1848 *** SEC. 8. The general assembly shall have full power to pass laws excluding from the right of suffrage persons convicted of infamous crimes. *** SEND *** *** SSTART 009.0 006.0 0 IL 1848 *** SEC. 9. The general elections shall be held on the Tuesday next after the first Monday of November, biennially, until otherwise provided by law. *** SEND *** *** AEND *** *** ASTART 007.0 IL 1848 *** ARTICLE VII OF COUNTIES *** SSTART 001.0 007.0 0 IL 1848 *** SECTION 1. No new county shall be formed or established by the general assembly, which will reduce the county or counties, or either of them, from which it shall be taken, to less contents than four hundred square miles; nor shall any county be formed of less contents; nor shall any line thereof pass within less than ten miles of any county-seat of the county or counties proposed to be divided. *** SEND *** *** SSTART 002.0 007.0 0 IL 1848 *** SEC. 2. No county shall be divided, or have any part stricken therefrom, without submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county voting on the question shall vote for the same. *** SEND *** *** SSTART 003.0 007.0 0 IL 1848 *** SEC. 3. All territory which has been or may be stricken off, by legislative enactment, from any organized county or counties, for the purpose of forming a new county, and which shall remain unorganized after the period provided for such organization, shall be and remain a part of the county or counties from which it was originally taken, for all purposes of county and State government, until otherwise provided by law. *** SEND *** *** SSTART 004.0 007.0 0 IL 1848 *** SEC. 4. There shall be no territory stricken from any county unless a majority of the voters living in such territory shall petition for such division; and no territory shall be added to any county without the consent of a majority of the voters of the county to which it is proposed to be added. *** SEND *** *** SSTART 005.0 007.0 0 IL 1848 *** SEC. 5. No county-seat shall be removed until the point to which it is proposed to be removed shall be fixed by law, and a majority of the voters of the county shall have voted in favor of its removal to such point. *** SEND *** *** SSTART 006.0 007.0 0 IL 1848 *** SEC. 6. The general assembly shall provide, by a general law, for a township organization, under which any county may organize when ever a majority of the voters of such county, at any general election, shall so determine; and whenever any county shall adopt a township organization, so much of this constitution as provides for the management of the fiscal concerns of the said county by the county court may be dispensed with, and the affairs of said county may be transacted in such manner as the general assembly may provide. *** SEND *** *** SSTART 007.0 007.0 0 IL 1848 *** SEC. 7. There shall be elected in each county in this State, by the qualified electors thereof, a sheriff, who shall hold his office for the term of two years, and until his successor shall have been elected and qualified: Provided, No person shall be eligible to the said office more than once in four years. *** SEND *** *** AEND *** *** ASTART 008.0 IL 1848 *** ARTICLE: VIII MILITIA *** SSTART 001.0 008.0 0 IL 1848 *** SECTION 1. The militia of the State of Illinois shall consist of all free male able-bodied persons (negroes, mulattoes, and Indians excepted) resident of the State, between the ages of eighteen and forty-five 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. *** SEND *** *** SSTART 002.0 008.0 0 IL 1848 *** SEC. 2. No person or persons conscientiously scrupulous of bearing arms shall be compelled to do militia duty in time of peace, provide such person or persons shall pay an equivalent for such exemption. *** SEND *** *** SSTART 003.0 008.0 0 IL 1848 *** SEC. 3. Company, battalion, and regimental officers, staff-officers excepted, shall be elected by the persons composing their several companies, battalions, and regiments. *** SEND *** *** SSTART 004.0 008.0 0 IL 1848 *** SEC. 4 Brigadier and major generals shall be elected by the officers of their brigades and divisions, respectively. *** SEND *** *** SSTART 005.0 008.0 0 IL 1848 *** SEC. 5. All militia officers shall be commissioned by the governor, and may hold their commissions for such time as the legislature may provide. *** SEND *** *** SSTART 006.0 008.0 0 IL 1848 *** SEC. 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 election of officers, and in going to and returning from the same. *** SEND *** *** AEND *** *** ASTART 009.0 IL 1848 *** ARTICLE IX OF THE REVENUE *** SSTART 001.0 009.0 0 IL 1848 *** SECTION 1. The general assembly may, whenever they shall deem it necessary, cause to be collected from all able-bodied free white male inhabitants of this State, over the age of twenty-one years and under the age of sixty years, who are entitled to the right of suffrage, a capitation-tax of not less than fifty cents nor more than one dollar each. *** SEND *** *** SSTART 002.0 009.0 0 IL 1848 *** SEC. 2. The general assembly shall provide for levying a tax by valuation, so that every person and corporation shall pay a tax in proportion to the value of his or her property; such value to be ascertained by some person or persons to be elected or appointed in such manner as the general assembly shall direct, and not otherwise; but the general assembly shall have power to tax pedlers, auctioneers, brokers, hawkers, merchants, commission-merchants, show-men, jugglers, innkeepers, grocery-keepers, toll bridges and ferries, and persons using and exercising franchises and privileges in such manner as they shall from time to time direct. *** SEND *** *** SSTART 003.0 009.0 0 IL 1848 *** SEC. 3. The property of the State and counties, both real and personal, and such other property as the general assembly may deem necessary for school, religious, and charitable purposes, may be exempted from taxation. *** SEND *** *** SSTART 004.0 009.0 0 IL 1848 *** SEC 4. Hereafter no purchaser of any land or town-lot, at any sale of lands or town-lots, for taxes due either to this State, or any county, or incorporated town or city within the same; or at any sale for taxes or, levies authorized by the laws of this State, shall be entitled to a deed for the lands or town-lots so purchased until he or she shall have complied with the following conditions, to wit: Such purchaser shall serve, or cause to be served, a written notice of such purchase on every person in possession of such land or town-lot, three months before the expiration of the time of redemption on such sale; in which notice he shall state when he purchased the land or town-lot, the description of the land or lot he has purchased, and when the time of redemption will expire. In like manner he shall serve on the person or persons in whose name or names such land or lot is taxed a similar written notice, if such person or persons shall reside in the county where such land or lot shall be situated; and in the event that the person or persons in whose name or names the land or lot is taxed do not reside in the county, such purchaser shall publish such notice in some newspaper printed in such county; and if no newspaper is printed in the county, then in the nearest newspaper that is published in this State to the county in which such lot or land is situated; which notice shall be inserted three times, the last time not less than three months before the time of redemption shall expire. Every such purchaser, by himself or agent, shall, before he shall be entitled to a deed, make an affidavit of having complied with the conditions of this section, stating particularly the facts relied on as such compliance; which affidavit shall be delivered to the person authorized by law to execute such tax-deed, and which shall by him be filed with the officer having custody of the records of lands and lots sold for taxes, and entries of redemption in the county where such land or lot shall lie, to be by such officer entered on the records of his office and carefully preserved among the files of his office; and which record or affidavit shall be prima- facie evidence that such notice has been given. Any person swearing falsely in such affidavit shall be deemed guilty of perjury, and punished accordingly. In case any person shall be compelled under this section to publish a notice in a newspaper, then, before any person who may have a right to redeem such land or lot from tax-sale shall be permitted to redeem, he or she shall pay the officer or person who by law is authorized to receive such redemption-money, the printer's fee for publishing such notice, and the expenses of swearing or affirming to the affidavit, and filing the same. *** SEND *** *** SSTART 005.0 009.0 0 IL 1848 *** SEC. 5. The corporate authorities of counties, townships, school districts, cities, towns, and villages may be vested with power to assess and collect taxes for corporate purposes; such taxes to be uniform in respect to persons and property within the jurisdiction of the body imposing the same. And the general assembly shall require that all the property within the limits of municipal corporations belonging to individuals shall be taxed for the payment of debts contracted under authority of law. *** SEND *** *** SSTART 006.0 009.0 0 IL 1848 *** SEC. 6. The specifications of the objects and subjects of taxation shall not deprive the general assembly of the power to require other objects or subjects to be taxed in such manner as may be consistent with the principles of taxation fixed in this constitution. *** SEND *** *** AEND *** *** ASTART 010.0 IL 1848 *** ARTICLE X CORPORATIONS *** SSTART 001.0 010.0 0 IL 1848 *** SECTION 1. Corporations, not possessing banking powers or privileges, may be formed under general laws, but shall not be created by special acts, except for municipal purposes, and in cases where, in the judgment of the general assembly, the objects of the corporation cannot be attained under general laws. *** SEND *** *** SSTART 002.0 010.0 0 IL 1848 *** SEC. 2. Dues from corporations, not possessing banking powers or privileges, shall be secured by such individual liabilities of the corporators, or other means, as may be prescribed by law. *** SEND *** *** SSTART 003.0 010.0 0 IL 1848 *** SEC. 3. No State bank shall hereafter be created, nor shall the State own or be liable for any stock in any corporation or joint-stock association for banking purposes, to be hereafter created. *** SEND *** *** SSTART 004.0 010.0 0 IL 1848 *** SEC. 4. The stockholders in every corporation, or joint-stock association for banking purposes, issuing bank-notes, or any kind of paper credits to circulate as money, shall be individually responsible, to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and liabilities of every kind. *** SEND *** *** SSTART 005.0 010.0 0 IL 1848 *** SEC. 5. No act of the general assembly, authorizing corporations or associations with banking powers, shall go into effect, or in any manner be in force, unless the same shall be submitted to the people at the general election next succeeding the passage of the same, and be approved by a majority of all the votes cast at such election for and against such law. *** SEND *** *** SSTART 006.0 010.0 0 IL 1848 *** SEC. 6. The general assembly shall encourage internal improvements, by passing liberal laws of incorporation for that purpose. *** SEND *** *** AEND *** *** ASTART 011.0 IL 1848 *** ARTICLE XI COMMONS *** SSTART 001.0 011.0 0 IL 1848 *** 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 having power to make such grant, shall forever remain common to the inhabitants of such town, hamlet, village, or corporation; but the said commons, or any of them, or any part thereof, may be divided, leased, or granted, in such manner as may hereafter be provided by law, on petition of a majority of the qualified voters interested in such common, or any of them. *** SEND *** *** AEND *** *** ASTART 012.0 IL 1848 *** ARTICLE XII AMENDMENTS TO THE CONSTITUTION *** SSTART 001.0 012.0 0 IL 1848 *** SECTION 1. Whenever two-thirds of all the members elected to each branch 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 of the general assembly, to vote for or against a convention; and if it shall appear that a majority of all the electors 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 the house of representatives at the time of making said call, to be chosen in the same manner, at the same place, and by the same electors, in the same districts that chose the members of the house of representatives; and which convention shall meet within three months after the said election, for the purpose of revising, altering, or amending this constitution. *** SEND *** *** SSTART 002.0 012.0 0 IL 1848 *** SEC. 2. Any amendment or amendments to this constitution may be proposed in either branch of the general assembly; and if the same shall be agreed to by two-thirds of all the members-elect in each of the two houses, such proposed amendment or amendments shall be, referred to the next regular session of the general assembly, and shall be published at least three months previous to the time of holding the next election for members of the house of representatives; and if at the next regular session of the general assembly after said election, a majority of all the members-elect in each branch of the general assembly shall agree to said amendment or amendments, then it shall be their duty to submit the same to the people at the next general election for their adoption or rejection, in such manner as may be prescribed by law; and if a majority of all the electors voting at such election for members of the house of representatives shall vote for such amendment or amendments, the same shall become a part of the constitution. But the general assembly shall not have power to propose an amendment or amendments to more than one article of the constitution at the same session. *** SEND *** *** AEND *** *** ASTART 013.0 IL 1848 *** ARTICLE XIII DECLARATION OF RIGHTS That the general, great, and essential principles of liberty and free government may be recognized and unalterably established, we declare: *** SSTART 001.0 013.0 0 IL 1848 *** SECTION 1. That all men are born equally free and independent, and have certain inherent 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. *** SEND *** *** SSTART 002.0 013.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 003.0 013.0 0 IL 1848 *** SEC. 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 compelled 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 establishment or modes of worship. *** SEND *** *** SSTART 004.0 013.0 0 IL 1848 *** SEC. 4. That no religious test shall ever be required as a qualification to any office of public trust under this State. *** SEND *** *** SSTART 005.0 013.0 0 IL 1848 *** SEC. 5. That all elections shall be free and equal. *** SEND *** *** SSTART 006.0 013.0 0 IL 1848 *** SEC. 6. That the right of trial by jury shall remain inviolate; and shall extend to all cases at law, without regard to the amount in controversy. *** SEND *** *** SSTART 007.0 013.0 0 IL 1848 *** SEC. 7. That the people shall be secure in their persons, houses, papers, and possessions 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, an ought not to be granted. *** SEND *** *** SSTART 008.0 013.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 009.0 013.0 0 IL 1848 *** SEC. 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 compulsory process to compel the attendance of witnesses in his favor; and, in prosecutions by indictment or information, a speedy public trial by an impartial jury of the county or district wherein the offense shall be committed, which county or district shall have been previously ascertained by law; and that he shall not be compelled to give evidence against himself. *** SEND *** *** SSTART 010.0 013.0 0 IL 1848 *** SEC. 10. No person shall be held to answer for a criminal offense unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia when in actual service in time of war or public danger: Provided, That justices of the peace shall try no person, except as a court of inquiry for any offense punishable with imprisonment or death, or fine above one hundred dollars. *** SEND *** *** SSTART 011.0 013.0 0 IL 1848 *** SEC. 11. 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. *** SEND *** *** SSTART 012.0 013.0 0 IL 1848 *** SEC. 12. Every person within this State ought to find a certain remedy in the laws for 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. *** SEND *** *** SSTART 013.0 013.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 014.0 013.0 0 IL 1848 *** SEC. 14. All penalties shall be proportioned to the nature of the offence; the true design of all punishment being to reform, not to exterminate, mankind. *** SEND *** *** SSTART 015.0 013.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 016.0 013.0 0 IL 1848 *** SEC. 16. There shall be neither slavery nor involuntary servitude in this State, except as a punishment for crime whereof the party shall have been duly convicted. *** SEND *** *** SSTART 017.0 013.0 0 IL 1848 *** SEC. 17. No ex post facto law, nor any law impairing the obligation of contracts, shall ever be made; and no conviction shall work corruption of blood or forfeiture of estate. *** SEND *** *** SSTART 018.0 013.0 0 IL 1848 *** SEC. 18. That no person shall be liable to be transported out of this State for any offense committed within the same. *** SEND *** *** SSTART 019.0 013.0 0 IL 1848 *** SEC. 19. That a frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty. *** SEND *** *** SSTART 020.0 013.0 0 IL 1848 *** SEC. 20. The military shall be in strict subordination to the civil power. *** SEND *** *** SSTART 021.0 013.0 0 IL 1848 *** SEC. 21. 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. *** SEND *** *** SSTART 022.0 013.0 0 IL 1848 *** SEC. 22. 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 manner prescribed by law. *** SEND *** *** SSTART 023.0 013.0 0 IL 1848 *** SEC. 23. The printing-presses shall be free to ever person who undertakes to examine the proceedings of the general assembly, or any branch of government; and no law shall ever be made to refrain 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. *** SEND *** *** SSTART 024.0 013.0 0 IL 1848 *** SEC. 24. In prosecutions for the publication of papers investigating the official conduct of officers, or of men acting in a public capacity, or when 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. *** SEND *** *** SSTART 025.0 013.0 0 IL 1848 *** SEC. 25. Any person who shall, after the adoption of this constitution, fight a duel, or send or accept a challenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of holding any office of honor or profit in this State, and shall be punished otherwise in such manner as is or may be prescribed by law. *** SEND *** *** SSTART 026.0 013.0 0 IL 1848 *** SEC. 26. That from and after the adoption of this constitution every person who shall be elected or appointed to any office of profit, trust, or emolument, civil or military, legislative, executive, or judicial, under the government of this State, shall, before he enters upon the duties of his office, in addition to the oath prescribed in this constitution, take the following oath: " I do solemnly swear [or affirm, as the case may be] that I have not fought a duel, nor sent or accepted a challenge to fight a duel, the probable issue of which might have been the death of either party, nor been a second to either party, nor in any manner aided or assisted in such duel, nor been knowingly the bearer of such challenge or acceptance, since the adoption of the constitution; and that I will not be so engaged or concerned, directly or indirectly, in or about any such duel, during my continuance in office; so help me God." *** SEND *** *** AEND *** *** ASTART 014.0 IL 1848 *** ARTICLE XIV *** SSTART 001.0 014.0 0 IL 1848 *** PERSONS OF COLOR The general assembly shall, at its first session under the amended constitution, pass such laws as will effectually prohibit free persons of color from immigrating to and settling in this State; and to effectually prevent the owners of slaves from bringing them into this State, for the purpose of setting them free. *** SEND *** *** AEND *** *** ASTART 015.0 IL 1848 *** ARTICLE XV *** SSTART 001.0 015.0 0 IL 1848 *** There shall be annually assessed and collected in the same manner as other state revenue may be assessed and collected, a tax of two mills upon each dollar's worth of taxable property, in addition to all other taxes, to be applied as follows, to wit; the fund so created shall be kept separate, and shall, annually, on the first day of January, be apportioned and paid over pro rata upon all such state indebtedness, other than canal and school indebtedness, as may for that purpose be presented by the holders of the same, to be entered as credits upon, and, to that extent, in extinguishment of the principal of said indebtedness. [Note: There is a dispute as to whether this section was part of the original constitution or whether it was added by an amendment in 1851] *** SEND *** *** AEND *** *** ASTART 9003.0 IL 1848 *** SCHEDULE That no inconvenience may arise from the alterations and amendments made in the constitution of this State, and to carry the same into complete effect, it is hereby ordained and declared: *** SSTART 001.0 9003.0 0 IL 1848 *** SECTION 1. That all laws in force at the adoption of this constitution, not inconsistent therewith, and all rights, actions, prosecutions, claims, and contracts of this State, individuals or bodies corporate, shall continue, and be as valid as if this constitution had not been adopted. *** SEND *** *** SSTART 002.0 9003.0 0 IL 1848 *** SEC. 2. That all fines, penalties, and forfeitures due and owing to the State of Illinois under the present constitution and laws shall inure to the use of the people of the State of Illinois under this constitution. *** SEND *** *** SSTART 003.0 9003.0 0 IL 1848 *** SEC. 3. Recognizances, bonds, obligations, and all other instruments entered into or executed, before the adoption of this constitution, to the people of the State of Illinois, to any State or county officer or public body, shall remain binding and valid, and rights and liabilities upon the same shall continue, and all crimes and misdemeanors shall be tried and punished as though no change had been made in the constitution of the State. *** SEND *** *** SSTART 004.0 9003.0 0 IL 1848 *** SEC. 4. That "Article XI," entitled." Commons," is hereby adopted as a part of the constitution of this State, without being submitted to be voted upon by the people. *** SEND *** *** SSTART 005.0 9003.0 0 IL 1848 *** SEC. 5. That at the first election fixed by this constitution for the election of judges, there shall be elected one circuit judge in each of the nine judicial circuits now established in this State. *** SEND *** *** SSTART 006.0 9003.0 0 IL 1848 *** SEC. 6. The county commissioners' courts and the probate justices of the several counties shall continue in existence and exercise their present jurisdiction until the county court, provided in this constitution, is organized in pursuance of an act of the general assembly to be passed at its first session. *** SEND *** *** SSTART 007.0 9003.0 0 IL 1848 *** SEC. 7. That the clerk of the circuit court, in each county fixed by this constitution as the place for holding the supreme court, except in the county of Sangamon, shall be ex-officio clerk of the supreme court, until the clerks of said court shall be elected and qualified, as provided in this constitution, and all laws now in force, in relation to the clerk of the supreme court, shall be applicable to said clerks and their duties. *** SEND *** *** SSTART 008.0 9003.0 0 IL 1848 *** SEC. 8. That the sheriffs, State attorneys, and all other officers elected under this constitution, shall perform such duties as shall be prescribed by law. *** SEND *** *** SSTART 009.0 9003.0 0 IL 1848 *** SEC. 9. That the oaths of office herein required to be taken may be administered by a justice of the peace until otherwise provide by law. *** SEND *** *** SSTART 010.0 9003.0 0 IL 1848 *** SEC. 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, A. D. 1848, and there shall also be submitted for adoption or rejection, at the same time, the separate articles in relation to the emigration of colored persons and the public debt. *** SEND *** *** SSTART 011.0 9003.0 0 IL 1848 *** SEC. 11. 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, A. D. 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. *** SEND *** *** SSTART 012.0 9003.0 0 IL 1848 *** SEC. 12. That the poll-book to be used at said election shall as nearly as practicable, be in the following form, to wit; Poll-book of an election held at .. precinct in the county of .. on the first Monday of March AD 1848 for the adoption or rejection of the constitution, and the separate articles submitted; [INSERT TABLE] *** SEND *** *** SSTART 013.0 9003.0 0 IL 1848 *** SEC. 13 . That the returns of the votes for the adoption or rejection of this constitution, 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, treasurer, 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, A. D. 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. *** SEND *** *** SSTART 014.0 9003.0 0 IL 1848 *** SEC. 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 provided by law. *** SEND *** *** SSTART 015.0 9003.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 016.0 9003.0 0 IL 1848 *** SEC. 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, eighteen hundred and forty-eight, 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 hereinafter enacted. *** SEND *** *** SSTART 017.0 9003.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 018.0 9003.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 019.0 9003.0 0 IL 1848 *** SEC. 19. On the first Monday in December, one thousand eight hundred and forty-eight, 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 attorneys, 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 courts shall have and exercise the powers and jurisdiction conferred upon the judges of those courts, subject to the provisions of this constitution. *** SEND *** *** SSTART 020.0 9003.0 0 IL 1848 *** SEC. 20. On the first Monday in December, one thousand eight hundred and forty-eight, jurisdiction of all suits and proceedings 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 proceedings then pending in the circuit courts of the several counties shall be vested in the circuit courts of said counties. *** SEND *** *** SSTART 021.0 9003.0 0 IL 1848 *** SEC. 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. *** SEND *** *** SSTART 022.0 9003.0 0 IL 1848 *** SEC. 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, A. D. 1848, and annually thereafter; in the second division, on the third Monday of December, A. D. 1848, and annually thereafter; in the third division, on the first Monday of February. A. D. 1849, and annually thereafter. The sheriffs of Jefferson and La Salle Counties shall perform the same duties and receive the same compensation as is required and provided for the sheriff of Sangamon County, until otherwise provided law. *** SEND *** *** SSTART 023.0 9003.0 0 IL 1848 *** SEC. 23. Nothing in this constitution shall prevent the general assembly from passing such laws in relation to the apprenticeship of minors, during their minority, as may be necessary and proper. *** SEND *** *** SSTART 024.0 9003.0 0 IL 1848 *** SEC. 24. That the general assembly shall pass all laws necessary to carry into effect the provisions of this constitution. *** SEND *** *** SSTART 025.0 9003.0 0 IL 1848 *** SEC. 25. Elections of judges of the supreme and circuit courts shall be subject to be contested. *** SEND *** *** SSTART 025.0 9003.0 0 IL 1848 *** SEC. 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. *** SEND *** *** AEND *** *** ASTART 9016.0 IL 1848 *** Done in convention, at the capitol, in the city of Springfield, on the thirty-first day of August, in the year of our Lord one thousand eight hundred and forty-seven, and of the Independence of the United States of America the seventy-second. NEWTON CLOUD, President. HENRY W. MOORE, Secretary. HARMAN G. REYNOLDS, Assistant Secretary. *** AEND *** *** MSTART 001 000.0 015.0 0 IL 1848 1851 *** Ratified 1851* There shall be annually assessed and collected, in the same manner as other State revenue may be assessed and collected, a tax of two mills upon each dollar's worth of taxable property, in addition to all other taxes, to be applied as follows, to wit: The fund so created shall be kept separate, and shall annually, on the first day of January, be apportioned and paid over, pro rata, upon all such State indebtedness, other than the canal and school indebtedness, as may, for that purpose, be presented by the holders of the same, to be entered as credits upon, and, to that intent, in extinguishment of the principal of said indebtedness. *[Note: This article was most likely part of the original constitution, but since some sources have listed it as an amendment, it has been included] *** MEND *** *** CEND ***