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ties, which elections shall be conducted in the manner prescribed by the existing election laws of this state : and the members of the legislature thus elected, shall continue in office until the next general election, and shall convene at the seat of government on the first Monday in January, eighteen hundred and thirty-three ; and shall at their first session order an election to be held in every county of this state, on the first Monday in May and day following, eighteen hundred and thirty-three, for all state and county officers under this constitution, (members of the legislature excepted,) and the officers then elected shall continue in office until the succeeding general election and after, in the same manner as if the election had taken place at the time last aforesaid.
6. Until the first enumeration shall be made, as directed by this constitution, the apportionment of senators and representatives among the several districts and counties in this state shall remain as at present fixed by law.
P. RUTILIUS R. PRAY,
President of the Convention, and Representative from the county of Hancock. Attest, John H. MALLORY, Secretary.
CONSTITUTION OF ILLINOIS.
The Constitution of the State of Nlinois, 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: 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 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 I. 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.
2. 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 for ever 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, moreover, shall not have paid a state or county tax,
4. The senators, at their first session herein provided for, shall be di. vided 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 biennially chosen for ever 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 assembly, and apportioned among the seve. ral counties or districts to be established by law, according to the num. ber of white 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 thousand ; 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 qualifications and elections 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.
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 ind ual, 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 twothirds, 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, 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.
15. Bills 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, une less, 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.
17. The style of the laws of this state shall be, “ Be it enacted by the people of the state of Ilinois, represented in the general assembły.”
18. The general assembly of this state sh Il not allow the following
officers of government greater or smaller annual salaries than as follows, until the year one thousand eight hundred and twenty-four: the governor one thousand dollars; and the secretary of state six hundred dollars.
19. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office under this state, which shall have been created, or the emoluments of which shall have been increased, during such time.
20. No money shall be drawn from the treasury but in consequence of appropriations made by law.
21. An accurate statement of receipts and expenditures of public money shall be attached to and published with the laws at the rising of each session of the general assembly.
22. The house of representatives shall have the sole power of impeaching ; but a majority of all the members present must concur in an impeachment. All impeachments shall be tried by the senate; and when sitting for the 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 all the senators present.
23. The governor, and all other civil officers under this state, shall be liable to impeachment for any misdemeanour in office; but judgment in such cases shall not extend farther than to removal from office, and disqualification to hold any office of honour, 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.
24. The first session of the general assembly shall commence on the first Monday in October next, and for ever after the general assembly shall meet on the first Monday in December next ensuing the election of the members thereof, and at no other period, unless as provided by this constitution.
25. No judge of any court of law or equity, secretary of state, attore ney-general, attorney for the state, register, 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 this state, (provided that appointments in the militia, postmasters, or justices of the peace shall not be considered lucrative offices,) shall have a seat in the general assembly ; nor shall any person holding an office of honour or profit under the government of the United States, hold any office of honour or profit under the authority of this state.
26. 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.
27. In all elections, all white male inhabitants, above the age of twenty-one years, having resided in the state six months next preceding the election, shall enjoy the right of an elector: but no person shall be en. titled to vote except in the county or district in which he shall actually reside at the time of the election.
28. All votes shall be given, viva voce, until altered by the genera) assembly.
29. 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.
30. The general assembly shall have full power to exclude from the privilege of electing, or being elected, any person convicted of bribery, perjury, or any other infamous crime.
31. In the year one thousand eight hundred and twenty, and every fifth year thereafter, an enumeration of all the white inhabitants of the state shall be made, in such manner as shall be directed by law.
32. All bills for raising a revenue shall originate in the house of representatives, subject, however, to amendment or rejection, as in other
$1. The executive power of this state shall be vested in a governor.
2. The first election of governor 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 of August, in the year of our Lord one thousand eight hundred and twentytwo. And for ever after, elections for governor shall be held once in four years, on the first Monday of August. The governor shall be chosen by the electors of the members of the general assembly, at the same places and in the same 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 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 nouses 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.
3. The first governor shall hold his office until the first Monday of December, in the year of our Lord one thousand eight hundred and twenty-two, and until another governor shall be elected and qualified to office; and for ever after, the governor shall hold his office for the term of four years, and until another governor shall be elected and qualified ; but he shall not be eligible for more than four years in any term of eight years. He shall be at least thirty years of age, and have been a citizen of the United States thirty years; two years of which, next preceiling his election, he shall have resided within the limits of this state.
4. He shall, from time to time, give the general assembly information of the state of the government, and recommend to their consideration such measures as he shall deem expedient.
5. He shall have power to grant reprieves and pardons, after conviction, except in cases of impeachment.
6. The governor shall at stated times receive a salary for his services, which shall neither be increased nor diminished during the term for which he shall have been elected.
7. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their