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exercise such jurisdiction as the General Assembly shall by law prescribe. But ever after the aforesaid period, the Justices of the Supreme Court shall be commissioned during good behavior, and the justices thereof shall not hold circuit courts unless required by law.
Sec. 5. The judges of the inferior courts shall hold their offices during good behavior, but for any reasonable cause, which shall not be sufficient ground for impeachment, both the judges of the supreme and inferior courts, shall be removed from office on the address of two-thirds of each branch of the General Assembly: Provided always, That no member of either House of the General Assembly, nor any person connected with a member by consanguinity, or affinity, shall be appointed to fill the vacancy occasioned by such removal. The said Justices of the Supreme Court, during their temporary appointments, shall receive an annual salary of one thousand dollars, payable quarter-yearly out of the public treasury. The judges of the inferior courts, and the justices of the Supreme Court who may be appointed after the end of the first session of the General Assembly, which shall be begun and held after the first day of January, in the year of our Lord one thousand eight hundred and twenty-four, shall have adequate and competent salaries, which shall not be diminished during their continuance in office.
Sec. 6. The Supreme Court, or a majority of the justices thereof, the circuit courts, or the justices thereof, shall, respectively, appoint their own clerks.
Sec. 7. All process, writs and other proceedings shall run in the name of “ The People of the State of Nlinois.” 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.
Sec. 8. A competent number of justices of the peace shall be appointed in each county in such manner as the General Assembly may direct, whose time of service, power, and duties shall be regulated and defined by law. And justices of the peace, when so appointed, shall be commissioned by the Governor.
Sec. 1. The militia of the State of Illinois shall consist of all free male ablebodied 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.
Sec. 2. No person or persons, conscientiously scrupulous of bearing arms shall be compelled to do militia duty in time of peace, provided such person or persons shall pay an equivalent for such exemption.
Sec. 3. Company, battalion and regimental officers, staff officers excepted, shall be elected by the persons composing their several companies, battalions and regiments.
Sec. 4. Brigadier and Major Generals shall be elected by the officers of their brigades and divisions respectively,
Sec. 5. All militia officers shall be commissioned by the Governor, and may hold their commissions during good behavior, or until they arrive at the age of sixty years.
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 elections of officers, and in going to and returning from the same.
Sec. 1. Neither slavery nor involuntary servitude shall hereafter be introduced into this State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted ; nor shall any male person, arrived at the age of twenty-one years, nor female person, arrived at the age of eighteen years, be held to serve any person as a servant, under any indenture hereafter made, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona fide consideration received or to be received for their service. Nor shall any indenture of any negroe or mulatto hereafter made and executed out of this State, or if made in this State, where the term of service exceeds one year, be of the least validity, except those given in cases of apprenticeship.
Sec. 2. No person bound to labor in any other State, shall be hired to labor in this State, except within the tract reserved for the salt works near Shawneetown; nor even at that place for a longer period than one year at any one time; nor shall it be allowed there after the year one thousand eight hundred and twenty-five: any violation of this article shall effect the emancipation of such person from his obligation to service.
Sec. 3. Each and every person who has been bound to service by contract or indenture in virtue of the laws of the Illinois territory heretofore existing, and in conformity to the provisions of the same, without fraud or collusion, shall be held to a specific performance of their contracts or indentures; and such negroes and mulattoes as have been registered in conformity with the aforesaid laws, shall serve out the time appointed by said laws: Provided however, That the children hereafter born of such person, negroes or mulattoes, shall become free, the males at the age of twenty-one years, the females at the age of eighteen years. Each and every child born of indentured parents, shall be entered with the clerk of the county in which they reside, by their owners, within six months after the birth of said child.
Sec. 1. Whenever two-thirds of the General Assembly shall think it necessary to alter or amend this constitution, they shall recommend to the electors at the next election of members to the General Assembly, to vote for or against a convention; and if it shall appear that a majority of all the citizens of the State voting for representatives have voted for a convention, the General Assembly shall, at their next session, call a convention, to consist of as many members as there may be in the General Assembly; to be chosen in the same manner, at the same place and by the same electors that choose the General Assembly, and which convention shall meet within three months after the said election, for the purpose of revising, altering or amending this constitution.
That the general, great and essential principles of liberty and free government
may be recognized and unalterably established, we dECLARE: Sec. 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.
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.
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 establishments or modes of worship.
Sec. 4. That no religious test shall ever be required as a qualification to any office or public trust under this State.
Sec. 5. That elections shall be free and equal.
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 offences are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.
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. And all lands which have been granted as a common to the inhabitants of any town, hamlet, village or corporation, by any person, body politic or corporate, or by any government having power to make such grant, shall forever remain common to the inhabitants of such town, hamlet, village or corporation : and the said commons shall not be leased, sold or divided under any pretence whatever: Provide:l, however, That nothing in this section shall be so construed as to affect the cominons of Cahokia or Prairie du Pont : Provided, also, That the General Assembly shall have power and authority to grant the same privileges to the inhabitants of the said villages of Cahokia and Prairie du Pont as are hereby granted to the inhabitants of other towns, hamlets and villages.
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 vicinage: and that he shall not be compelled to give evidence against himself.
Sec. 10. That no person shall, for any indictable offence, be proceeded against criminally by information, except in cases arising in the land or naval forces, or the militia when in actual service, in time of war or public danger, by leave of the courts, for oppression or misdemeanor in office.
Sec. 11. No person shall, for the same olience, 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.
Sec. 12. Every person within this State ought to find a certain remedy in the laws, for all injuries or wrorgs 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, comformably to the laws.
Sec. 13. That all persons shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.
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.
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 frand.
Sec. 16. No er post facto law, nor any law impairing the validity of contracts shall ever be made; and no conviction shall work corruption of blood or forfeiture of estate.
Sec. 17. That no person shall be liable to be transported out this of State for any offence committed within the same.
Sec. 18. That a frequent recurrence of the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty.
Sec. 19. That the people have a right to assemble together in a peaceable manner to consult for their common good, to instruct their representatives, and to apply to the General Assembly for redress of grievances.
Sec. 20. That the mode of levying a tax shall be by valuation, so that every person shall pay a tax in proportion to the value of the property he or she has in his or her possession.
Sec. 21. That there shall be no other banks or monied institutions in this State but those already provided by law, except a State bank and its branches, which may be established and regulated by the General Assembly of the State as they may think proper.
Sec. 22. The printing presses shall be free to every person, who undertakes to examine the proceedings of the General Assembly or of any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man,
every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.
Sec. 23. In prosecutions for the publication of papers investigating the oflicial conduct of officers, or of men acting in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels the jury shall have the right of determining both the law and the fact, under the direction of the court as in other cases.
Sec. 1. That no inconveniences may arise from the change of a territorial to a permanent State government, it is declared by the convention, that all rights, suits, actions, prosecutions, claims and contracts, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this government in virtue of the laws now in force.
Sec. 2. All fines, penalties and forfeitures due and owing to the territory of Illinois shall enure to the use of the State. All bonds executed to the Governor, or to
other officer in his official capacity in the territory, shall pass over to the Governor or to the officers of the State, and their successors in office, for the use of the State by him or by them to be respectively assigned over to the use of those concerned, as the case may be.
Sec. 3. No sheriff or collector of public moneys, shall be eligible to any office in this State, until they have paid over according to law, all moneys which they may have collected by virtue of their respective offices.
Sec. 4. There shall be elected in each county three county commissioners for the purpose of transacting all county business, whose time of service, power and duties shall be regulated and defined by law.
Sec. 5. The Governor, Secretary, and judges, and all other officers under the territorial government shall continue in the exercise of the duties of their respective departments until the said officers are superseded under the authority of this constitution.
Sec. 6. The Governor of this State shall make use of his private seal, until a State seal shall be provided.
Sec. 7. The oaths of office herein directed to be taken, may be administered by any justice of the peace until the General Assembly shall otherwise direct.
Sec. 8. Until the first census shall be taken as directed by this constitution, the county of Madison shall be entitled to one Senator and three Representatives; the county of St. Clair, to one Senator and three Representatives; the county of Bond, to one Senator and one Representative; the county of Washington, to one Senator and one Representative; the county of Monroe, to one Senator and one Representative ; the county of Randolph, to one Senator and two Representatives; the county of Jackson, to one Senator and one Representative; the counties of Johnson and Franklin, to form one Senatorial district, and to be entitled to one Senator, and each county to one Representative; the county of Union, to one Senator, and two Representatives ; the county of Pope, to one Senator and two Representatives ; the county of Gallatin, to one Senator and three Representatives; the county of White, to one Senator and three Representatives ; the county of Edwards, to one Senator and two Representatives; and the county of Crawford, to one Senator and two Representatives.
Sec. 9. The President of the convention shall issue writs of election, directed to the several sheriffs of the several counties, or in case of the absence or disability of any sheriff, then to the deputy sheriff, and in case of the absence or disability of the deputy sheriff, then such writ to be directed to the coroner, requiring them to cause an election to be held for Governor, Lieutenant Governor, representative to the present Congress of the United States, and members to the General Assembly, and sheriffs and coroners in the respective counties; such election to commence on the third Thursday of September next, and to continue for that and the two succeeding days; and which election shall be conducted in the manner prescribed by the existing election laws of the Illinois territory; and the said Governor, Lieutenant Governor, members of the General Assembly, sheriffs and coroners, then duly elected, shall continue to exercise the duties of their respective offices for the time prescribed by this constitution, and until their successor or successors are qualified, and no longer.
Sec. 10. An auditor of public accounts, an attorney general, and such other officers for the State as may be necessary, may be appointed by the General Assembly, whose duties may be regulated by law.
Sec. Il. It shall be the duty of the General Assembly to enact such laws as may be necessary and proper to prevent the practice of duelling.
ŠEC. 12. All white male inhabitants above the age of twenty-one years, who shall be actual residents of this State, at the signing of this constitution, shall have a right to a vote at the election to held on the third Thursday and the two following days of September next.
Sec. 13. The seat of government for the State shall be at Kaskaskia until the General Assembly shall otherwise provide. The General Assembly, at their first session holden under the authority of this constitution, shall petition the Congress of the United States, to grant to this State a quantity of land, to consist of not more than four, nor less than one section, or to give to this State the right of preemption in the purchase of the said quantity of land. The said land to be situate on the Kaskaskia river, and as near as may be, east of the third principal meridian on said river. Should the prayer of such petition be granted, the General Assembly, at their next session thereafter, shall provide for the appointment of five commissioners to make the selection of said land so granted ; and shall further provide for laying out a town upon the land so selected; which town, so laid out, shall be the seat of Government of this State for the term of twenty years. Should however, the prayer of said petition not be granted, the General Assembly shall have power to make such provisions for a permanent seat of government as may be necessary, and shall fix the same where they may think best.
Sec. 14. Any person of thirty years of age who is a citizen of the United States and has resided within the limits of this State two years next preceding his election, shall be eligible to the office of Lieutenant Governor-any thing in the