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representative, the county of Marion to one representative, the county of Hancock to one representative, the county of Green to one representative, the county of Wayne to one representative, the county of Jackson to one representative. The counties of Warren and Claiborne, shall be entitled to one senator, the county of Adams to one senator, the county of Jefferson to one senator, the county of Wilkinson to one senator, the county of Amite to one senator, the counties of Franklin and Pike to one senator, the counties of Lawrence, Marion, and Hancock, to one senator, the counties of Green, Wayne, and Jackson, to one senator.
9. The governor may appoint and commission an additional judge, or one of the former judges of the superior court, whose commission shall expire so soon as appointments.can be made under the constitution. It shall be the duty of the judge so appointed, or one of the former territorial judges, to hold superior courts in the counties of Jackson, Green, Wayne, and Hancock, at the time heretofore prescribed by law: Provided, that, if either of the former territorial judges, in addition to his duty in the western counties, perform such duty, and no additional judge be appointed, he shall receive an extra compensation, proportioned to the amount of his salary, and term of service rendered. If an additional judge be appointed, he shall receive the same compensation for his services as the other judges of the superior court.
10. The sheriff of Warren county shall, within ten days after the election, make return of the number of votes for senator in his county, to the sheriff of Claiborne county, who shall be the returning officer for the district. The sheriff of Pike county shall, within ten days after the election, make return of the number of votes for senator in his county, to the sheriff of Franklin county, who shall be the returning officer for the district. The sheriffs of Hancock and Lawrence counties shall, within ten days after the election, make return of the number of votes for senator in their respective counties, to the sheriff of Marion county, who shall be the returning officer for the district. The sheriffs of Jackson and Wayne counties shall, within ten days after the election, make return of the number of votes for senator, in their respective counties, to the sheriff of Green county, who shall be the returning officer for the district.
ORDINANCE. WHEREAS it is required by the act of congress, under which this convention is assembled, that certain provisions should be made by an ordinance of this convention:
Therefore, this convention, for and in behalf of the people inhabiting this state, do ordain, agree, and declare, that they
forever disclaim all right or title to the waste or unappropriated lands lying within the state of Mississippi, and that the same shall be and remain at the sole and entire disposition of the United States, and, moreover, that each and every tract of land sold by congress shall be and remain exempt from any tax laid by the order, or under the authority, of this state, whether for state, county, township, parish, or other purposes whatever, for the term of five years, from and after the respective days of sale thereof, and that the lands belonging to citizens of the United States, residing without this state, shall never be taxed higher than the lands belonging to persons residing within the same; that no taxes shall be imposed on lands the property of the United States, and that the river Mississippi, and the navigable rivers and waters leading into the same, or into the gulf of Mexico, shall be common highways, and forever free, as well to the inhabitants of this state, as to other citizens of the United States, without any duty, tax, impost, or toll therefor, imposed by this state: And this ordinance is hereby declared irrevocable, without the consent of the United States. Done in convention, at the town of Washington, the 15th day
of August, in the year of our Lord 1817, and in the fortysecond year of the Independence of the United States of America.
DAVID HOLMES, President,
Hezekiah J. Balch,
Joseph E. Davis,
Joshua G. Clark,
William J. Minton,
James Y. M'Nabb,
George W. King,
CONSTITUTION OF ILLINOIS.
The constitution of the state of Illinois, adopted in convention, at
Kaskaskia, on 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 the forty-third.
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: be. ginning 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 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.
ARTICLE 1. Concerning the distribution of the powers of Government. $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.
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.
ARTICLE 2. § 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.
9. The first election for senators and representatives shall commence on the third Thursday of September next, and continue for that and the two succeeding days; and the next election shall be held on the first Monday in August, one thousand eight hundred and twenty; and forever after, elections shall be held once in two years, on the first Monday of August, in each and every county, at such places therein as may be provided by law.
3. No person shall be a representative who shall not have attained the age of twenty-one years, who shall not be a citizen of the United States, and 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 more. over shall not have paid a state or county tax.
4. The senators, at their first session herein provided for, shall be divided by lot from their respective counties or districts, as near as can be, into two classes. The seats of the senators 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 biennally chosen forever thereafter.
5. The number of senators and representatives shall, at the first session of the general assembly, holden after the returns herein provided for are made, be fixed by the general assem. bly, and apportioned among the several counties or districts to be established by law, according to the number of wbite inhabitants. The number of representatives shall not be less than twenty-seven, nor more than thirty-six, until the number of inhabitants within this state shall amount to one hundred thou. sand; and the number of senators shall never be less than one third nor more than one half of the number of representatives.
6. No person shall be a senator who has not arrived at the age of twenty-five years, who shall not be a citizen of the United States, and who shall not have resided 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.
7. 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 qualifica. tions and elections of its members, and sit upon its own adjournments. Two-thirds of each house shall constitute a quo. rum, but a smaller number may adjourn from day to day, and compel the attendance of absent members. .
8. 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.
9. 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.
10. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour; and, with the concurrence of two thirds, expel a member, but not a second time for the same cause.
11. When vacancies happen in either house, the governor, or the person exercising the powers of governor, shall issue writs of election to fill such vacancies.
12. 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 to and returning from the same, and for any speech or debate in either house, they shall not be questioned in any other place.
13. 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 behaviour in their presence; provided such imprisonment shall not at any one time exceed twenty-four hours.
14. 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, with. out 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.
15. Bisls may originate in either house, but may be altered, amended, or rejected by the other.
16. 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.