Venue. Sec. 1. People v. McRoberts, 100 Ill. 458. M'Pike v. M'Pike, 10 Bradw. Part first, Lombard v. Haynes, 5 Bradw. 560. Part second, Noyes v. Kern, 94 Ill. 521. 332. Sec. Sec. 2. Lowry v. Coster, 91 Ill. 182, 183. 3. Little v. Allington, 93 Ill. 253. Jenkins v. Pope, 93 III. 27. Lombard v. Hayner, 5 Bradw. 560. Sec. 9. Jenkins v. Pope, 93 Ill. 27. Sec. 11. Sec. 28. Wills. Sec. 1. Sec. 2. Little v. Allington, 93 Ill. 255. Barr v. People, 103 Ill. 110. Lowry v. Coster, 91 Ill. 182, 184. Brown v. Riggin, 94 Ill. 560. Gill v. Gr. Tower M., etc., Co., 92 Ill. 250. Heirs of Critz v. Pierce, 106 Ill. 167. Sec. Sec. 4. Reynolds v. Adams, 90 Ill. 142. 7. Brown v. Riggin, 94 Ill. 561. Calvert v. Carpenter, 96 Ill. 63. Shaw v. Moderwell, 104 Ill. 65. Heirs of Critz v. Pierce, 106 Ill. 167. Sec. 17. Tyler v. Tyler, 19 Ill. 151. Duryea v. Duryea, 85 Ill. 41. CONSTITUTION OF THE STATE OF ILLINOIS. [*59] Adopted in convention May 13, 1870; ratified by the people July 2, 1870; in force August 8, 1870. Preamble. We, the people of the State of Illinois - grateful to Almighty God for the civil, political and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations in order to form a more perfect government, establish justice, insure domestic 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. [Phoebe v. Jay, Breese, 207; Field v. People, 2 Scam. 79; People v. Marshall, I Gilm, 672. ARTICLE I. Boundaries. The boundaries and jurisdiction of the State shall be as follows, to wit: Beginning at the mouth of the Wabash river; thence up the same, and with the line of Indiana, to the 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 42° and 30'; thence west to the middle of the Mississippi river, and thence down along the middle of that river to its confluence with the Ohio river, and thence up the latter river, along its north-western 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. ARTICLE II. Bill of rights. SEC. 1. All men are by nature free and independent, and have certain inherent and inalienable rights, among these are life, liberty, and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriv. ing their just powers from the consent of the governed. [People v. Turner, 55 Ill. 280. § 2. No person shall be deprived of life, liberty, or property, without due process of law. [Bullock v. Geomble, 45 Ill. 218; Rhinehart v. Schuyler, 2 Gilm. 519; Clark v. Lewis, 35. 421; Nesbitt v. Trumbo, 39 Ill, 110; Crear v. Crossly, 40 II. 175; Poppen v. Holmes, 44 Ill. 360. 3. The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed; and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State. No person shall be required to attend or support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious denomination or mode of worship. $4. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense. [Storey v. People, 79 III. 45; Sheahan v. Collins, 20 Ill. 325. 5. The right of trial by jury as heretofore enjoyed, shall remain inviolate; but the trial of civil cases before justices of the peace by a jury of less than twelve men may be authorized by law. [Ross v. Irving, 14 Ill. 171; Hopkins v. Ladd, 35 Ill. 178; Whitehurst v. Coleen, 53 id. 247. See § 13. 6. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue without probable cause, supported by affidavit, particularly describing the place to be searched, and the persons or things to be seized. $ 7. All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption [*60] great; and the privilege or writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. 8. No person shall be held to answer for a criminal offense, unless on indictment of a grand jury, except in cases in which the punishment is by fine, or imprisonment otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army and navy, or in the militia, when in actual service in time of war or public danger: Provided, that the grand jury may be abolished by law in all cases. 9. In all criminal prosecutions the accused shall have the right to appear and defend in person and by council, to demand the nature and cause of the accusation and to have a copy thereof, to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. [Weyrich v. People, 89 Ill. 93. $10. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense. § 11. All penalties shall be proportioned to the nature of the offense, and no conviction shall work corruption of blood or forfeiture of estate; nor shall any person be transported out of the State for any offense committed within the same. $12. No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law, or in cases where there is strong presumption of fraud. [Ex parte Smith, 16 Ill. 347; Parker v. Follensbee, 45 Ill. 473 $13. Private property shall not be taken or damaged for public use without just compensation. Such compensation, when not made by the State, shall be ascertained by a jury, as shall be prescribed by law. The fee of land taken for railroad tracks, without consent of the owners thereof, shall remain in such owners, subject to the use for which it is taken. [City of Chicago v. Laflin, 49 Ill. 172; City of Chicago v. Larned, 34 Ill. 263; C. B. & R. R. Co. v. McGinnis, 79 Ill. 273; City of East St. Louis v. St. John, 47 Ill. 463; Trustees, etc., v. C. & R. I. R. R. Co., 14 III. 314; Johnson v. Joliet & Chicago R. R. Co., 23 Ill. 202. §14 No ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immuni ties, shall be passed. [Coles v. County of Madison, Breese, 115; Bruce v. Schuyler, 4 Gil. 221. $15. The military shall be in strict subordination to the civil power. 16. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law. $17. The people have the right to assemble in a peaceable manner to consult for the common good, to make known their opinions to their representatives, and to apply for redress of grievances. 18. All elections shall be free and equal. $19. Every person ought to find a certain remedy in the laws for all injuries and wrongs which he may receive in his person, property or reputation; he ought to obtain, by law, right and justice freely, and without being obliged to purchase it, completely and without denial, promptly, and without delay. [Gesford v. Critzer, 2 Gilm. 698; Wilson v. McKenna, 52 Ill. 44; Reed v. Tyler, 56 III. 288. $20. A frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty. ARTICLE III. Distribution of powers. The powers of the government of this State are divided into three distinct departments-the legislative, executive and judicial; and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted. [Lane v. Dorman, 3 Scam, 238; Field v. The People, 2 Scam. 79: The People v. Hatch, 33 Ill. 9; The People v. Marshall, 1 Gilm. 672; Bruce v. Schuyler, 4 Gilm. 221; McVeagh v, City of Chicago, 49 Ill. 318: State Treasurer v. Collector of Sangamon County, 28 Ill. 509; Smoot v. Lafferty, 2 Gilm.383; Rose v. Buckland, 17 Ill. 309; C. M. H. A. Co. v. Rosenthal, 55 Ill. 85; Ducat v. City of Chicago, 48 Ill. 173; McConnell v. Wilcox, 1 Scam. 344; Chicago v. McGinn, 51 Ill. 266; Phoebe v. Jay, Breese, 207; Cook v. Renick, 19 III. 598; Plumleigh v. Cook, 13 Ill. 669; Lane v. Ďorman, 3 Scam. 238; Edwards v. Pope, 3 Scam, 465; Shaw v. Dennis, 5 Gilm. 405; Johnson v. Jones, 44 II. 142; Parmelee v. Lawrence, 48 Ill. 331; Darst v. The People, 51 Ill. 286; Rozier v. Fagan, 46 Ill. 404. ARTICLE IV. Legislative department. SEC. 1. The legislative power shall be vested in a general assembly, which shall consist of a senate and house of representatives, both to be elected by the people. 186; [Field v. People, 2 Scam, 79; People v. Salomon, 51 Ill, 38, 49; Mason v. Wait, 4 Scam. 127; People v. Reynolds, 5 Gilm. 1; People v. Marshall, 1 Gilm. 672; Fitch v. Pinckard, 4 Scam. 69; P. F. Plank R. Co. v. Harrison, 16 Ill. 81; People v. Wilson, 15 Ill. 388; McDonnell v. Olwell, 17 Ill. 376; Bush v. Shipman, 4 Scam Schofield v. Watkins, 22 Ill. 66; Cowgill v. Long, 15 Ill. 202; Greenleaf v. Township Trustees, 22 Ill. 236; Dennis v. Maynard, 15 Ill. 477; Davis v. People, 1 Gilm. 409; McVeagh v. City of Chicago, 49 Ill. 318; McVeagh v. Newhaus, 49 Ill. 330; County of Richland v. County of Lawrence, 12 Ill 1; City of Springfield v. Powers, 25 Ill. 190; Reapers' Bank v. Willard, 24 III. 433; Galena & Chicago Union R. R. Co. v. Loomis, 13 Ill. 548; Town of Carmel v. Wabash Co., 50 Ill. 69; Bank of the Republic v. County of Hamilton, 21 Ill 54; Lane v. Soulard; 15 Ill. 124; Mills v. County of St Clair, 2 Gilm, 197; Silver v. People, 45 Ill. 224; Turley v. County of Logan, 17 Ill. 151; Jones v. People, 14 Ill. 196; Kettering v. City of Jacksonville, 50 III. 39; Maus v. L. P. & B. R. R. Co., 27 III. 77: Coles v. County of Madison, Breese, 154, Chicago & Alton R. R. Co. v. Adler, 56 Ill. 334: Rankin v. Beard, Breese, 163; People v. Dubois, 23 Ill. 547; People v. Bangs, 24 Ill. 184; Dingman v. People, 51 III. 277; People v. Auditor, 1 Scam. 537; Hunter v. Hatch, 45 III. 178; Parmelee v. Lawrence, 44 Ill. 405; Same v. Same, 48 Ill. 331; Conway v. Cobb, 37 Ill. 82; Deininger v. McCon nell, 41 Ill. 228; Billings v. Riggs, 56 Ill. 483. Election. 2. An election for members of the general [*61], Jassembly shall be held on the Tuesday next after the first Monday in November, in the year of Our Lord one thousand eight hundred and seventy, and every two years thereafter, in each county, at such places therein as may be provided by law. When vacancies occur in either house, the governor, or person exercising the powers of governor, shall issue writs of election to fill such vacancies. Eligibility and oath. § 3. No person shall be a senator who shall not have attained the age of twenty-five years, or a representative who shall not have attained the age of twenty-one years. No person shall be a senator or a representative who shall not be a citizen of the United States, and who shall not have been for five years a resident of this State, and for two years next preceding his election a resident within |