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Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State.
1. The electors shall meet in their respective States, and vote by ballot for President and Vice President, one of whom at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the Senate; the president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted: the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disability of the President.
2. The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President: a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice.
3. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.
[NOTE:-In former editions of the laws of Nlinois, there is an amendment printed as article thirteen, pra hibiting citizens from accepting titles of nobility, &c., from foreign governments. But by a message of the Presi. dent of the United States of February 4, 1818, in answer to a resolution of the House of Representatives, it appears that this amendment had been ratified by only twelve States, and therefore had not been adopted. See vol. 4, of the printed papers of the tirst session of the 15th Congress, No. 76.]
ACCEPTING CERTAIN PROPOSITIONS MADE BY CONGRESS,
APRIL 18, 1818.
One township granted for seminary.
Lands sold to be exempt from taxation for five Propositions of Congress: sixteenth section gran years, bounty lands for three years; non-resited for schools:
dent lands not taxed higher than others. Salt springs granted to the State:
Proposition of Congress accepted. Also, 5 per cent. on sales of public lands :
WHEREAS, the Congress of the United States, in the act entitled “An act to enable the people of the Illinois Territory to form a Constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, passed the 18th of April, 1818,” have offered to this Convention for their free acceptance or rejection, the following propositions, which, if accepted by the Convention are to be obligatory upon the United States, viz:
Ist. That section numbered sixteen in every township, and when such section has been sold, or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the State for the use of the inhabitants of such township for the use of schools :
2d. That all salt springs within such State, and the lands reserved for the use of the same, shall be granted to the said State for the use of the said State, and the same to be used under such terms and conditions and regulations as the Legislature of said State shall direct: Provided, The legislature shall never sell nor lease the same for a longer period than ten years at any one time:
3d. That five per cent. of the nett proceeds of the lands lying within such State, and which shall be sold by Congress from and after the first day of January, one thousand eight hundred and nineteen, after deducting all expenses incident to the same, shall be reserved for the purposes following, viz: Two-fifths to be disbursed under the direction of Congress, in making roads leading to the State ; the residue to be appropriated by the Legislature of the State for the encouragement of learning, of which one-sixth part shall be exclusively bestowed on a college or university:
4th. That thirty-six sections or one entire township, which shall be designated by the President of the United States, together with the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the Legislature of the said State, to be appropriated solely to the use of such seminary by the said Legislature.
And whereas, the four foregoing propositions are offered on the condition that this convention shall provide by ordinance, irrevocable without the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of January, 1819, shall remain exempt from any tax laid by order, or under the authority of the State, whether for State, county or township, or any other purpose whatever, for the term of five years, from and after the day of sale. And further, that the bounty lands granted, or hereafter to be granted for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt as aforesaid from all taxes for the term of three years from and after the date of the patents respectively; and that all the lands belonging to the citizens of the United States, residing without the said State shall never be taxed higher than lands belonging to persons residing therein.
Therefore, this convention, on behalf of, and by the authority of the people of the State, do accept of the foregoing propositions; and do further ordain and declare, that every and each tract of land sold by the United States, from and after the first day of January, 1819, shall remain exempt from any tax laid by order, or under any authority of the State, whether for State, county, or township, or any purpose whatever, for the term of five years from and after the day of sale. And that the bounty lands. granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt, as aforesaid, from all taxes for the term of three years from and after the date of the patents respectively; and that all the lands belonging to the citizens of the United States, residing without the said State, shall never be taxed higher than lands belonging to persons residing therein. And this convention do further ordain and declare, that the foregoing ordinance shall not be revoked without the consent of the United States. Done in convention at Kaskaskia, the twenty-sixth day of August, in the year of
our Lord, one thousand eight hundred and eighteen, and of the Independence of the United States of America, the forty-third.
JESSE B. THOMAS, President of the Convention.
WM. C. GREENUP,
Secretary of the Convention.
CONSTITUTION OF ILLINOIS.
PREAMBLE. Boundaries of the State.
1. Distribution of powers.
bly; elective. 2. First election when to be held, and thereafter. 3. Qualifications of representatives. 4. Senators, how elected. 5. Number and apportionment of senators and rep
resentatives. 6. Qualifications of senators. 7. The Houses to choose their officers; to judge
of the qualifications of members; adjournments; quorum; compel attendance of mem.
bers. 8. To keep and publish journals; yeas and nays. 9. Dissent and protest of members. 10. Rules of proceeding; punishment and expul
sion of members. 11. Vacancies, writs of election to fill. 12. Privileges of members. 13. Power of Houses to punish for contempt. 14. Houses to sit with open doors, except, &c.;
separate adjournments regulated. 15. Bills may originate in either House. 16. Bills to be read on three different days, unless
rule suspended; when passed, to be signed by
Speakers. 17. Enacting clause. 18. Salaries limited; of Governor, of Secretary of
State. 19. Members not eligible to offices created during
their term of membership. 20, No money drawn unless appropriated. 21. Publication of receipts and expenditures. 22. House of Representatives to impeach ; Senate
to try; members sworn; two-thirds must con
cur to convict. 23. Officers liable to impeachment; extent of judg.
ment. 24. First session, when to be held, and thereafter. 25. Certain officers of this state and of United States
ineligible to a seat in either House. 26. Oaths of office; and to support constitution. 27. Qualifications of voters. 28. Manner of voting. 29. Voters privileged from arrest while at elections,
except, &c. 30. Power of General Assembly to exclude from
electoral privileges, for bribery, &c. 31. Census to be taken every fifth year after 1820. 32. Revenue bills to originate in the House.
3. Qualifications, and official term of Governor. 4. To communicate to General Assembly. 5. Power to pardon, &c. 6. His salary. 7. May call for information; shall see laws exe
cuted. 8. He may fill vacancies. 9. May convene General Assembly. 10. Shall be commander-in-chief of army, &c. 11. Sheriff's and coronors; their qualitications and
torms of office. 12. If Houses of General Assembly disagree, Gov
ernor may adjourn them. 13. Lieutenant Governor, how chosen; his term and
Qualifications; manner of voting for. 14. Shall be Speaker of the Senate; may debate;
vote; casting vote. 15. When he tills vacancy of Governor, Senate may
elect a Speaker who, if Lieutenant Governor is
disqualified, shall administer the Government. 16. Compensation of Lieutenant Governor. 17. Senate to be convened, if Lieutenant die or re
move while acting as Governor. 18. If Governor is disqualified, Lieutenant Governor
to act, until next general election. 19. Council of Revision; to revise bills; if they
return bills without approval, they may be
passed by majority of all members elected. 20. Secretary of State, how appointed; his duties. 21. Treasurer and public printer, how elected. 22. Governor to appoint officers, &c.
1. Judicial power; how vested, 2. Supreme Court; where held; its jurisdiction. 3. How constituted. 4. Judges, how appointed; term of office; their
duties. 5. Judges of inferior courts; term of office; how
removed; proviso; salary. 6. Clerks of courts, how appointed. 7. Style and conclusion of process and prosecu
tions. 8. Justices of the peace, how commissioned.
1. Militia, of what persons composed, &c. 2. Conscientious scruples, equivalent for exemp
tion on account of. 3. Officers, how elected. 4. Brigadier and major generals, how elected. 5. Militia officers, how commissioned; term of
office. 6. Militia privileged from arrest in certain cases.
1. Executive power vested in Governor. 2. First election, and thereafter; Governor, how
chosen ; returns, how compared and published; if no choice, assembly to elect; contested elections.
1. Slavery and servitude; provisions concerning. 2. Persons bound to labor in other States, not to be
hired in this State, except, &c.; emancipation
effected by violation of this article. 3. Provisions concerning persons held by contract
or indentures, and their children.
ARTICLE VII. SECTION 1. Mode of amending this constitution, defined.
PREAMBLE. 1. Declaration of rights. 2. Power; government; its objects. 3. Religious freedom; liberty of conscience. 4. No religious tests. 6. Elections to be free. 6. Trial by jury. 7. Security of persons and property from searches
and seizures. 8. Security of liberty and property; common lands;
proviso. 9. Criminal prosecutions; rights of accused. 10. Proceedings by information not allowed, except,
&c. 11. No person twice tried for same offence; private
property not to be taken, except, &c. 12. Remedies; riglits. 13. Bail; habeas corpus. 14. Penalties proportioned to offence. 15. Concerning imprisonment for debt. 16. Ex post facto law; contracts; corruption of
blood; forfeiture of estate.
re-election. 4. County commissioners. 5. Officers of Territory to hold office until super
ceded. 6. State seal. 7. Justice may administer official oaths. 8. Apportionment of Senators and Representatives. 9. First election, how conducted. 10. Auditor, Attorney General, &c., how appointed. 11. Duelling. 12. Qualitication of voters at first election. 13. Seat of Government. 14. Qualifications of Lieutenant Governor.
The people of the Illinois Territory, having the right of admission into the General Government as a member of the Union, consistent with the Constitution of the United States, the ordinance of Congress of 1787, and the law of Congress approved, April 18th, 1818, entitled “ An act to enable the people of the Illinois Territory to form a constitution and State Government, and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes;” in order to establish justice, promote the welfare and secure the blessings of liberty to themselves and their posterity, do by their representatives in convention, ordain and establish the following Constitution or form of government; and do mutually agree with each other to form themselves into a free and independent State by the name of the State of Illinois. And they do hereby ratify the boundaries assigned to such State by the act of Congress aforesaid, which are as follows, to wit: Beginning at the mouth of the Wabash river, thence up the same, and with the line of Indiana to the north-west 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 the 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 north-western shore to the beginning.
CONCERNING TIIE DISTRIBUTION OF THE POWERS OF GOVERNMENT.
Sec. 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 judiciary, to another.
Sec. 2. No person or collection of persons, being one of those departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.
Sec. 1. The legislative authority of this state, shall be vested in a General Assembly which shall consist in a Senate and House of Representatives, both to be elected by the people.