Macoupin County, Illinois - Biographical sketches, 1879 (part 14 of 15)
From 1763 History of Macoupin County, Illinois : with Illustrations Descriptive of Its Scenery and Biographical Sketches of Some of Its Prominent Men and Pioneers, published 1879. 15,991 words, reproduced complete and unedited. Source changes inside the text are labelled in place.
Contents
31 sectionsThe section headings the book prints inside this chapter. Each one jumps to where it begins.
- Governor
- Veto
- Lieutenant-Governor
- Other State Officers
- The Seal Of State
- Fees And Salaries
- Definition And Oath Of Office
- Article Vi Judicial Department
- Supreme Court
- Appellate Courts
- Circuit Courts
- County Courts
- Probate Courts
- Justices Of The Peace And Constables
- General Provisions
- Article Vii Suffrage
- Article Viii Education
- Article Ix Revenue
- County Seats
- County Government
- County Officers And Their Compensation
- Article Xi
- Article Xii Militia
- Article Xiii
- Article Xiv Amendments To The Constitution
- Separate Sections
- Municipal Subscriptions To Railroads Or Private Corporations
- Canal
- Schedule
- Declaration Of Independence
- John Hancock
Parts
The book prints this as one long chapter. It is split here so no single page grows too heavy to load; the text runs continuously across the parts and nothing is omitted.
The text
15,991 wordsMachine-read from scans of 1763 History of Macoupin County, Illinois : with Illustrations Descriptive of Its Scenery and Biographical Sketches of Some of Its Prominent Men and Pioneers, published 1879. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.
@ 5. No person shall be eligible to the office of governor, or lieutenant-govemmor, who shall not have attained the age of 30 years, and been, for five years next preceding his election, a citizen of the United States and of this State, Neither the governor, lieutenantgovernor, auditor of public accounts, secretary of State, superintendent of public instruction nor attorney general shall be eligible to any other office during the period for which he shall have been elected.
Governor
@ 7. The governor shall, at the commencement of each session, and at the close of his term of office, give to the general assembly information, by message, of the condition of the State, and shal! recommend such measures as he shall deem expedient. He shall account to the general assembly, and accompany his message with a statement of all moneys received and paid out by him from'any funds subject to his order, with vouchers, and, at the commencement of each regular session, present estimates of the amount of money required to be raised by taxation for all purposes.
,proclamation, stating therein the purpose for which they are convened; and the general assembly shall enter upon no business except that for which they were called together.
@ 9. In case of a disagreement between the two houses with respect to the time of adjournment, the governor may, on the same being certified to him, by the house first moving the adjournment, adjourn the general assembly to such time as he thinks proper, not beyond the arst day of the next regular session.
¢ 10. The governor shall nominate, and by and with the advice and consent of the senate, (a majority of all the senators selected concurring, by yeas and nays,) appoint all officers whose offices are established by this constitution, or which may be créated by law, and whe appointment or election is not otherwise provided for; and no such officer shall be appointed or elected by the general assembly. ;
211. In case of a vacancy, during the recess of the senate, in any office which is not elective, the governor shall make a temporary appomtment until the next meeting of the senate, when he shall nominate some person to fill such office; and any person so nominated, who is confirmed by the senate (a majority of all the senators elected concurring by yeas and nays), shall hold his office during the remainder of the time, and until his successor s be appointed and qualified. No person, after being rejected by the senate, shall be again nominated for the same office at the same session, unless at the request of the senate, or be appointed to the same office during the recess of the general assembly.
312. The governor shall have power to remove any officer whom he may appoint, in case of incompetency, neglect of duty, or malfeasance in office; and he may declare his office vacant, and fill the same as is herein provided in other cases of vacancy,
@ 13. The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offences, subject to such regulations as may be provided by law relative to he manner of applying therefor.
214. The governor shall be commander-in-chief of the military and naval forces of the State (except when they shall be called into the service of the United States) ; and may call out the same to execute the laws, suppress insurrection, and repel invasion,
Veto
@16. Every bill passed by the general assembly shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it, with his objections, to the house in which it shall have originated, which house shall enter the objections at large upon its journal, and proceed to reconsider the bill. If, then, two-thirds of the members elected agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members elected to that house, it shall become a law, notwithstanding the objections of the governor. But in all such cases, the vote of each house shall be determined by yeas and nays, to be entered on the journal, Any bill which shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, shall become a law in like manner as 1f he had signed it, unless the general assembly shall, by their adjournment, prevent its return; in which case it shall be filed, with his objections, in the office of the secretary of state, within ten days after such adjournment, or become a law,
Lieutenant-Governor
217. In case of death, convictien on impeachment, failure to qualify, resignation, absence from the State, or other disability of the governor, the powers, duties, the emoluments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the lieutenant-governor,
% 18. The lieutenant-governor shall be president of the senate, and shall vote only when the senate is equally divided. The senate shall choose a president, pro tempore, to preside in case of the absence or impeachment of the lieutenant-governor, or when he shall hold the office of governor, a
@ 19. If there be no lieutenant-governor, or if the lieutenant-governor shall, for any of the causes specified in 3 17 of this article, become incapable of performing the duties of the office, the president of the senate shall act as governor until the vacancy is filled or the disability removed; and if the president of the senate, for any of the above named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house of representatives.
Other State Officers
@ 20. If the office of auditor of public accounts, treasurer, secretary of State, attorney general, or superintendent of public instruction shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. An account shall be kept by the officers of the executive department, and of all the public institutions of the State, of all moneys received or disbursed by them, severally, from all sources, and for every service performed, and a semi-. annual report thereof be made to the governor, under oath; and any officer who makes a false report shall be guilty of perjury, and punished accordingly.
@ 21. The officers of the executive department, and of all the public institutions of the State, shall, at least ten days preceding each regular session of the general assembly, severally with the reports of the judges of the supreme court of the defects in the constitution and laws; and the governor may at any time require information, in writing, under oath, from the officers of the executive department, and all officers and managers of state institutions, upon 'any subject relating to the condition, management and expenses of their respective offices,
The Seal Of State
2 22. There shall be a seal of the State, which shall be called the " Great seal of the State of Illinois,' which shall be kept by the secretary of State, and used by him, officially, as directed by law,
Fees And Salaries
2 23. The officers named in this article shall receive for their services a salary, to be established by law, which shall not be increased or diminished during their official terms, and they shall not, after the expiration of the terms of those in office at the adoption of this constitution, receive to their own use any fees, costs, perquisites of office, or other compensation. And all fees that may hereafter be payable by law for any service performed by any officer provided for in this article of the constitution, shall be paid in advance into the State treasury.
Definition And Oath Of Office
@ 24. An office is a public position created by the constitution or law, continuing during the pleasure of the appointing power, or for a fixed time, with a successor elected or appointed. An employment is an agency, for a temporary purpose, which ceases when that purpose is accomplished.
@ 25. All civil officers, except members of the general assembly and such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation :
I do solemnly swear (or affirm, as the case ro bs T will rat the constitution of the United ' and the Constitution of the State of [llinois, and that I will faithfuly discMarge the duties of the of according to the best of my ability.
Article Vi Judicial Department
x. Judicial Powers of Courts. x8, County Judges - County Clerks, 2. Seven Supreme ye es - Four Decide. 19. Appeals from County Courts. 3. Qualifications of a Supreme Judge. 20. Probate Courts Authorized. 4. Terms of the Supreme Court. 21. Justices of the Peace and Constables. : Three Grand Divisions - Seven Districts, 22, State's Attorney in each County, Election of Supreme Judges. 23. Cook County Colarti of Record. zt Salaries of the Supreme Judges, 24. Chief Justice - Power of Judges. Appeals and Writs of Error. 25. Salaries of the Judges. 9. Appointment of Reporter. 26, Criminal Court of Cook County, ro, Clerks of the Supreme Court. 27. Clerks of Cook County Court. 11. Appellate Courts Authorized, 28, ti in Chicago, x2, Jurisdiction of Circuit Courts. 29. Uniformity in the Courts. 13. Formation of Judicial Circuits. 30. Removal of any Judge. 14. Time of holding Circuit Courts. 3r - - to make Written Reports. x5. Circuits containing Four Judges. 32. Terms of Office - Filling Vacancies,
@ 1. The judicial powers, except as in this article is otherwise provided, shall be vested in one supreme court, circuit courts, county courts, justices of the peace, police magistrates, and in such courts as may be created by law in and for cities and incorporated towns,
Supreme Court
$2. The supreme court shall consist of seven judges, and shall have original jurisdiction in cases relating to the revenue, in mandamus, and habeas corpus, and appellate jurisdiction in all other cases. One of said judges shall be chief justice; four shall constitute a quorum, and the concurrence of four shall be necessary to every decision,
. No person shall be eligible to the office of judge of the supreme court unless he shall be at least 30 years of age, and a citizen of the United States, nor unless he shall have resided in the State five years next preceding his election, and be a resident of the district in which he shall be elected.
Terms of the supreme court shall continue to be held in the present grand divisions at the several places now provided for holding the same; and until otherwise provided by law, one or more terms of said court shall be held, for the northern division, in the city of Chicago, each year, at such times as said court may appoint, whenever said city or the county of Cook shall provide appropriate rooms therefor, and the use of a suitable library, without expense to the State. The judicial divisions may be altered, increased or diminished in number, and the times and places of holding said court may be changed by law.
@ 5. The present grand divisions shall be preserved, and be denominated Southern, Central and Northern, until otherwise provided by law. The State shall be divided into seven districts for the election of judges, and until otherwise provided by law, they shall be as follows :
First District - The counties of St. Clair, Clinton, Washington, Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, Hardin, Pope, Union, Johnson, Alexander, Pulaski and Massac.
Second District - The counties of Madison, Bond, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Montgomery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun and Christian.
Third District - The counties of Sangamon, Macon, Logan, De Witte, Piatt, Douglas, le ae Vermilion, McLean, Livingston, Ford, Iroquois, Coles, Edgar, Moultrie, and Tazewell.
Fifth District - The counties of Knox, Warren, Henderson, Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, Lasalle, Grundy and Woodford.
Sixth District - The counties of Whiteside, Carroll, Jo Daviess, Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, De Kalb, Lee, Ogle and Rock Island.
The boundaries of the districts may, be changed at the session of the general assembly next preceding the election for judges 'herein, and at no other time; but whenever such alterations shall be made, the same shall bé-upon the rule of equality of population,as nearly as county boundaries will allow, and the districts will be composed of contiguous counties, in as nearly compact form as circumstances will permit. The alteration of the districts shall not affect the tenure of office of any judge.
@ 6, At the time of voting on the adoption of this constitution, one judge of the supreme court shall be elected by the electors thereof, in each of said districts numbered two, three, six, and seven, who shall hold his office for the term of nine years from the first Monday of June, in the year of our Lord 1870. The term of office of judges of the supreme court, elected after the adoption of this constitution, shall be nine years; and on the first Monday of June of the year in which the term of any of the judges in office at the adoption of thisconstitution, or of the judges then elected, shall expire, and every nine years thereafter, there shall be an election for the successor or successors of such judges, in the respective districts wherein the term of such judges shall expire. The chief justice shall continue to act as such until the expiration of the term for which he was elected, after which the judges shall choose one of their number chief justice,
#7. From and after the adoption of this constitution, the judges of the supreme court shall each receive a salary of $4,000 per annum, payable quarterly, until otherwise provided by law. And after said salaries shall be fixed by law, the salaries of the judges in office shall not be increased or diminished during the terms for which said judges have been elected,
28. Appeals and writs of error may be taken to the supreme court, held in the grand division in which the case is decided, or, by consent of the parties, to any other grand division.
@9. The supreme court shall appoint one reporter of its decisions, who shall hold his office for six years, subject to removal by the court. ;
@ 10. At the time of the election for representatives in the general assembly, happening next preceding the expiration of the terms of office of the present clerks of said cou t, one clerk of said court for each division shall be elected, whose term of office shall be six years from said election, but who shall not enter upon the duties of his office until the expiration of the term of his predecessor, and every six years thereafter, one clerk of said court for -each division shall be elected,
Appellate Courts
1r. After the year of our Lord 1874, inferior appellate courts, of uniform organization and jurisdiction, may be created in districts formed for that purpose, to which such appeals and writs of error as the general assembly may provide, may be prosecuted from circuit and other courts, and from which appeals and writs of error shall lie to the supreme court, in all criminal cases, and cases in which a franchise, or freehold, or the validity of a statute is involved, and in such other cases as may be provided by law. Such appellate courts shall be held by such number of judges of the circuit courts, and at such times and places, and in such manner, as may be provided by law; but no judge shall sit in review upon cases decided by him; nor shallsaid judges receive any additional compensation for such services.
Circuit Courts
@12. The circuit courts shall have original jurisdiction of all causes in law and equity, and such appellate jurisdiction as is or may be provided by law, and shall hold two or more terms each year in every county. The terms of office of judges of circuit courts shall be six years,
@ 13. The State, exclusive of the county of Cook and other counties having a population of 100,000, shall be divided into judicial circuits, prior to the expiration of the terms of office of the present judges of the circuit courts. Such circuits shall be formed of contiguous counties, in as nearly compact form and as nearly equal as circumstances will permit, having due regard to business, territory and population, A Shall not exceed in number one circuit for every 100,000 of population in the State. One judge shall be elected for each of said circuits by the electors thereof. New circuits may be formed and the boundaries of circuits changed by the general assembly, at its session next preceding the election for circuit judges, but at no other time: Provided, that the circuits may be equalized or changed at the first session of the general assembly, after the adoption of this constitution. The creation alteration or change of any circuit shall not affect the tenure of office of any judge, Whenever the business'of the circuit court of any one, or of two or more contiguous counties, containing a population exceeding 50,000, shall occupy nine months of the year, the general assembly may make of such county, or counties, a separate circuit. Whenever additional circuits are created, the foregoing limitations shall be observed.
@ 14, The general assembly shall provide for the times of holding courts in each county ; which shall not be changed, except by the general assembly next preceding the general election for judges of said courts; but additional terms may be provided for in any county. The election for judges of the circuit courts shall be held on the first Monday of June, in the year of our Lord 1873, and every six years thereafter.
@15. The general assembly may divide the State into judicial circuits of greater population and territory, in lieu of the circuits provided for in section 13 of this article, and provide for the election therein, severally, by the electors thereof, by general ticket, of not exceeding four judges, who shall hold the circuit courts in the circuit for which they shall be elected, in such manner as may be provided by law.
°@ 16 From and after the adoption of this constitution, judges of the circuit courts shall receive a salary of $3,000 per annum, payable quarterly, until otherwise provided by law. And after their salaries shall be fixed by law, they shall not be increased or diminished during the terms for which said judges shall be, respectively, elected; and from aud after the adoption of this constitution, no judge of the supreme or circuit court shall receive any other compensation, perquisite or benefit, in any form whatsoever, nor perform any other than judicial duties to which may belong any emoluments.
@ 17. No person shall be eligible to the office of judge of the circuit or any inferior court, or to membership in the ' board of county commissioners," unless he shall be at least 25 years of age, and a citizen of the United States, nor unless he shall have resided in this State five years next preceding his election, and be a resident of the circuit, county, city, cities, or incorporated town in which he shall be elected,
County Courts
@ 18. There shall be elected in and for each county, one county judge and one clerk of But the general assembly may create districts of two or more contiguous counties, in each of which shall be elected one judge, who shall take the place of, and exercise the powers and jurisdiction of county judges in such districts. County courts shall be courts of record, and shall have original jurisdiction in all matters of probate; settlement of estates of deceased persons; appointment of guardians and conservators, and settlements of their accounts; in all matters relating to apprentices ; and in proceedings for the collection of taxes and assessments, and such other jurisdiction as may be provided for by general law.
Probate Courts
@ 20, The general assembly may provide for the establishment of a probate court in each county having a population of over 50,000, and for the election of a judge thereof, whose term of office shall be the same as that of the county judge, and who shall be elected at the same time and inthe same manner, Said courts, when established, shall have original jurisdiction of all probate matters, the setthement of estates of deceased persons, the appointment of guardians and conservators, and settlement of their accounts ; in all matters relating to apprentices, and in cases of the sales of real estate of deceased persons for the paym>*t of debts.
Justices Of The Peace And Constables
3 21. Justices of the peace, police magistrates, and constables shall be elected in and for such districts as are, or may be, provided by law, and the jurisdiction of such justices of the peace and police magistrates shall be uniform.
@ 22. At the election for members of the general assembly in the year of our Lord 1872. and every four years thereafter, there shall be elected a State's attorney in and for each county, in lieu of the State's attorneys now provided by law, whose term of office shall be four years.
223. The county of Cook shall be one judicial circuit. The circuit court of Cook county shall consist of five judges, until their number shall be increased, as herein provided, The present judge of tbe recorder's court of the city of Chicago, and the present judge of the circuit court of Cook county, shall be two of said judges, and shall remain in office for the terms for which they were respectively elected, and until their successors shal] be elected and qualified. The superior court of Chicago shall be continued, and called the superior court of Cook county, The general assembly may increase the number of said judges by adding one to either of said courts for every additional 50,000 inhabitans in said county, over and above a population of 400,000, The terms of office of the judges of said courts hereafter elected, shall be six years,
@ 24. The judge having the shortest unexpired term shall be chief justice of the court of which he is judge. In case there are two or more whose terms expire at the same time, it may be determined by lot which shall be chief justice. Any judge of either of said courts shall have all the powers of a circuit judge, and may hold the court of which he is a member. Each of them may hold a different branch thereof at the same time,
@ 25. The judges of the superior and circuit courts, and the State's attorney, in said county, shall receive the same salaries, payable 'out of the State treasury, as is or may be paid from said treasury to the circuit judges and State's attorneys of the State, and such further compensation, to be paid by the county of Cook, as is or may be provided by law; such compensation shall not be changed during their continuance in office,
@ 26. The recorder's court of the city of Chicago shall be continued, and shall be called the "criminal court of Cook county." It shall have the jurisdiction of a circuit court, in all cases of criminal and gwasi criminal nature, arising in the county of Cook, or that may, ht before said court pursuant to law; and all recognizances and appeals taken in cA poaniy' in criminal and Poth criminal cases shall be returnable and taken to said court. It shall have no jurisdiction in civil cases, except in those on behalf of the people, and incident to such criminal or guasi criminal matters, and to dispose of unfinished business. The terms of said criminal court of Cook county shall be held by one or more of the judges of the circuit or superior court of Cook Peek as nearly as may be in alternation, as may be determined by said judges, or provided by law. Said judges shall be ex-officio judges of or ay The present clerk of the recorder's court of the city of Chicago, shall be the clerk of the criminal court of Cook county, during the term for which he was elected. The the superior court of Chicago, and the present clerk of the circuit court of all continue in office during the terms for which they were respectively elected; and thereafter there shall be but one clerk of the superior court, to be elected by the qualified electors of said county, who shall hold his office for the term of four years, and until his successor is elected and qualified. k : $ 28. All justices of the peace in the city of Chicago shall be appointed by the governor, by and with the advice and consent of the senate, (but only upon the recommendation of a mijority of the judges of the circuit, superior and county courts,) and for such districts as are now or shall hereafter be provided by law. They shall hold their offices for four years, and until their successors have been commissioned and qualified, but they may be removed by summary proceedings in the circuit or superior court, for extortion or other malfeasance. Existing justices of the peace and police magistrates may hold their offices until the
General Provisions
2 29. .All judicial officers shall be commissioned by the governor, All laws relating to cour.s shall be general, and of uniform operation ; and the organization, jurisdiction, powers, proceedings and practice of all courts, of the same class or grade, so far as regulated by law, and the force and effect of the process, judgments and decrees of such courts, severally shall be uniform. 5 :
2 30. The general assembly may, for cause entered on the journals, upon due notice and opportunity of defense, remove from office any judge, upon concurrence of three-fourths of all the members elected, of each house, All other officers in this article mentioned, shall be removed from office on prosecution and final conviction, for misdemeanor in office,
431. All judges of courts of record, inferior to the supreme court, shall, on or before the first day of June, of each year, report in writing to the judges of the supreme court. such defects and omissions in the laws as their experience may suggest; and the judges of the supreme court shall, on or before the first day of January of each year, report in writing to the governor such defects and omissions in the constitution and laws as they may find to exist, together with appropriate forms of bills to cure such defects and omissions in the laws, And the judges of the several circuit courts shall report to the next general assembly the number of days they have held court in the several counties composing their respective circuits, the preceding two years, : ; ; ;
@ 32. All officers provided for in this article shall hold their offices until their successors shall be qualified, and they shall, respectively, reside in the division, circuit, county or district for which they may be elected or appointed. The terms of office of all such officers, where not otherwise prescribed in this article, shall be four years. All officers, where not otherwise provided for in this article, shall perform such duties and receive such compensation as is or may be provided by law. Vacancies in such elective offices shall be filled by election ; but whefe the unexpired term does not exceed one year, the vacancy shall be filled by appointment, as follows: Of judges, by the governor; of clerks of courts, by the court to which the office appertains, or by the judge or judges thereof; and of all such other officers, by the board of supervisors or board of county commissioners in the county where the vacancy occurs, ;
@ 33. Allyrocess shall run: Zn the name of the People of the State of Illinois: and all prosecutions shall be carried on: / the name and by the authority of the People of the State of Illinois; and conclude: Against the peace and dignity of the same. " Population," wherever used in this article, shall be determined by the next preceding census of this State, or of the United States,
Article Vii Suffrage
1. Every person having resided in this State one year, in the county go days, and in the election district 30 days next preceding any election therein, who was an elector in this State on the first day of April, in the year of our Lord 1848, or obtained a certificate of naturalization before any court of record in this State prior to the first day of January, in the year of our Lord 1870, or who shall be a male citizen of the United States, above the age of 21 years, shall be entitled to vote at such election,
@ 3. 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, And no elector shall be obliged to do military duty on the days of election, except in time of war or public danger.
@4. No elector shall be deemed to have lost his residence in this State by reason of his absence on business of the United States, or of this State, or in the military or naval service of the United States,
$5. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this State in consequence of being stationed therein,
¢ 6. No person shall be elected or appointed to any office in this State, civil or military, who is not a citizen of the United States, and who shall not have resided in this State one year next preceding the election or appointment,
Article Viii Education
EDUCATION, x. Free Schools Established. 4. School Officers not Interested. 2. Gifts or Grants.in aid of Schools, 5. Ccunty Superintendent of Schools. 3. Public Schools not to be Sectarian.
@ 1. The general assembly shall provide a thorough and efficient system of free schools, whereby all children of this State may receive a good common school education.
@ 2. All lands, moneys, or other properties, donated, granted or received for school, college, seminary or university purposes, and the proceeds thereof, shall be faithfully applied to the objects for which such gifts or grants were made,
@ 3. Neither the general assembly nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation or pay from any public fund whatever, anything in aid of any church or sectarian purpose, or to help support or sustain any school, seminary, college, university, or other literary or scientific institution, controlled by any church or sectarian denomination whatever; nor shall any grant or donation of land, money, or other personal property ever be made by the State or any such public corporation, to any church, or for any sectarian purpose.
@ 4. No teacher, State, county, township, or district school officer shall be interested in the sale, proceeds or profits of any bool:, apparatus or furniture, used or to be used, in an school in this State, with which such officer or teacher may be connected, under su penalties as may be provided by the general assembly.
@ 5. There may be a county superintenclent of schools in each county, whose qualifications, powers, duties, compensation and time and manner of election, and term of of office, shall be prescribed by law,
Article Ix Revenue
9. Local Municipal Improvements. to, Taxation of Municipal Corporations, 11. Defaulter not to be Bhgible 12, Limitation on Municipal Indebtedness,
@ 1. The general assembly shall provide such revenue as may be needful by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property - such value to be ascertained by some person or persons, to be elected or appointed in such manner as the general assembly shall direct, and not otherwise ; but the general assembly shall have power to tax peddlers, auctioneers, brokers, hawkers, merchants, commission merchants, showmen, jugglers, inn-keepers, grocery keepers, liquor dealers, toll bridges, ferries, insurance, telegraph and express interests or business, venders of patents, and persons or corporations owning or using franchises and privileges, in such manner as it shall from time to time direct by general law, uniform as to the class upon which it operates.
@ 2. The specification of the objects and subjects of taxation shall not deprive the general assembly of the power to require other subjects or objects to be taxed in such a manner as may he consistent wi'h the principles of taxation fixed in this constitution,
@ 3. The properties of the State, counties and other municipal corporations, both real and personal, and such other property as may be used exclusively for agricultural and horticultural societies, for school, religious, cemetery and charitable purposes, may be exempted from taxation; but such exemption shall be only by general law. In the assessment of real estate encumbered by public easement, any depreciation occasioned by such easement may be deducted in the valuation of such property.
@ 4. The general assembly shall provide, in all cases where it may be necessary to sell real estate for the non-payment of taxes or special assessments for State, county, municipal or other purposes, that a return of such unpaid taxes or assessments shall be to some general officer of the county having authority to receive State and county taxes; and there shall be no sale of said property for any of said taxes or assessments but by said officer, upon the order or judgment of some court of record,
3 5. The right of redemption from all sales of real estate for the non-payment of taxes or special assessments of any character whatever, shall exist in favor of owners and persons interested in such real estate, for a period of not less than two years from such sales thereof. And the general assembly shall provide by law for reasonable notice to be given to the owners or parties interested, by publication or otherwise, of the fact of the sale of the property for such taxes or assessments, and when the time of redemption shall expire: Provided, that occupants shall in all cases be served with personal notice before the time of redemption expires.
@ 6. The general assembly shall have no power to release or discharge any county, city, township, town or district whatever, or the inhabitants thereof or the property therein, from their or its proportionate share of taxes to be levied for State purposes, nor shall commutation for such taxes be authorized in any form whatsoever.
¢ 8. County authorities shall never assess taxes the aggregate of which shall exceed 75 cents per $100 valuation, except for the payment of indebtedness existing at the adoption of this constitution, unless authorized by a vote of the people of the county,
29. The general assembly may vest the corporate authorities of cities, towns, villages, with power to make local improvements by special assessment or by special taxation of contiguous property or otherwise, For all other corporate purposes, all municipal corporations may be vested with authority to assess and collect taxes; but such taxes shall be uniform in respect to persons and property, with the jurisdiction of the body imposing the same,
@ 10. The general assembly shall not impose taxes upon municipal corporations, or thé inhabitants or property thereof, for corporate purposes, but shall require that all the taxable property within the limits of municipal corporations shall be taxed for the payment of debts contracted under authority of law, such taxes to be uniform in respect to persons and prop- Private property shall not liable to be taken or sold for the payment of the corporate debts of a municipal corporation,
3 11. No person who is in default, as a collector or custodian of money or property belonging to a municipal corporation, shall be eligible to any office in or under such corporation, The fees, salary or compensation of no municipal officer who is elected or appointed for a definite term of office, shall be increased or diminished during such term.
% 12. No county, city, township, school district, or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose, to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness. Any county, city, school district, or other municipal corporation, incurring any indebtedness as aforesaid, shall before, or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years from the time of contracting the same. This section shall not be construed to prevent any county, city, township, school district, or other municipal corporation from issuing their bonds in compliance with any vote of the people which may have been had prior to the adoption of this constitution in pursuance of any law providing therefor,
Division of any County. g. Salaries and Fees in Cuok County. . Territe snickeh from a County. 10. Salaries fixed by County Board ene f of a County Seat. 11, Township Officers - Special Laws.
Method of County Government. 12, All Future Fees Board of County Commissioners. 13. Sworn Reports of all Fees. County affairs in Cook County.
2 1. No new county shall be formed or established by the general assembly, which will reduce the county or counties, or either of them, from which it shall be taken, to less contents than 400 square miles; nor shall any county be formed of less contents ; nor shall any line thereof pass within less than ten miles of any county seat of the county, or counties proposed to be divided.
@ 2. No county shall be divided, or have any part stricken therefrom, without submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county, voting on the question, shall vote for the same.
@ 3. There shall be no territory stricken from any county, unless a majority of the voters living in such territory shall petition for such division; and no territory shall be added to any county without the consent of the majority of the voters of the county to which it is proposed to be added. But the portion so stricken off and added to another county, or formed in whole or in part into a new county, shall be holden for, and obliged to pay its proportion of indebtedness of the county from which it has been taken.
County Seats
@ 4. No county seat shall be removed until the point to which it is proposed to be removed shall be fixed in pursuance of law, and three-fifths of the voters of the county, to be ascertained in such manner as shall be provided by general law, shall have voted in favor of its remoyal to such point; and no person shall vote on such question who has not resided in the county six months, and in the election precinct ninety days next preceding such election. The question of the removal of a county seat shall not be oftener submitted than once in ten years, to a vote of the people. But when an attempt is made to remove the county seat to a point nearer to the centre of a county, then a majority vote only shall be necessary.
County Government
@ 5. The general assembly shall provide, by general law, for township organization, under which any county may organize whenever a majority of the legal voters of such county, voting at any general election, shall so determine, and whenever any county shall adopt township organization, so much of this constitution as provides for the management of the fiscal concerns of the said county by the board of county commissioners, may be dispensed with, and the affairs of said county may be transacted in such manner as the general assembly may provide. And in any county that shall have adopted a township organization, the question of continuing the same may be submitted to a vote of the electors of such county, at a general election, in the manner that now is or may be provided by law; and if a majority of all the votes cast upon that question shall be against township organization, then such organization shall cease in said county; and all laws in force in relation to counties not haying township organization, shall immedittely take effect and be in force in such county. No two townships shall have the same name, and the day of holding the annual township meeting shall be uniform throughout the State,
@ 6. At the first election of county judges under this constitution, there shall be elected in each of the counties in this State, not under township organization, three officers, who shall be styled '' The board of county commissioners," who shall hold sessions for the transaction of county business as shall be provided by law. One of said commissioners shall hold his office for one year, one for two years, and one for three years, to be determined by lot; and every year thereafter one such officer shall be elected in each of said counties for the term of three years.
$7. The county affairs.of Cook county shall be managed by a board of commissioners of fifteen persons, ten of whom shall be elected from the city of Chicago, and five from towns outside of said city, in such manner as may be provided by law.
County Officers And Their Compensation
_ @8. In each county there shall be elected the following county officers: County judge, sheriff, county clerk, clerk of the circuit court, (who may be ex-officio recorder of deeds, except in counties having 60,000 and more inhabitants, in which counties a recorder of deeds shall le elected at the general election in the year of our Lord 1872,) treasurer, surveyor, and coroner, each of whom shall enter upon the duties of his office, respectively, on the first Monday of December after their election; and they shall hold their respective offices for the term of four years, except the treasurer, sheriff and coroner, who shall hold their office for two years, and until their successors shall be elected and qualified.
9. The clerks of all the courts of record, the treasurer, sheriff, coroner and recorder of deeds of Cook county, shall receive as their only compensation for their services, salaries to be fixed by law, which shall in no case be as much as the lawful compensation of a judge of the circuit court of said county, and shall be paid, respectively, only out of the fees of the office actually collected. All fees, perquisites and emoluments (above the amount of said salaries) shall be paid into the county treasury, The number of the deputies and assistants of such officers shall be determined by rule of the circuit court, to be entered of record, and their compensation shall be determined by the county board,
@ 10. The county board, except as provided in @9 of this article, shall fix the compensation of all county officers, with the amount of their neccssary clerk hire, stationery, fuel and other expenses, and in all cases where fees are provided for, said compensation shall be paid only out of, and shall in no instance exceed, the fees actually collected ; they shall not allow either of them more per annum than $1,500, in counties not exceeding 20,000 inhabitants ; $2,000 in counties containing 20,000 and not exceeding 30,000 inhabitants ; $2,500 in counties containing 30,000 and not exceeding 50,000 inhabitants; $3,000 in counties containing 50,000 and not exceeding 70,000 inhabitants ; $3,500 in counties containing 70,000 and not exceeding 100,000 inhabitants ; and $4,000 in counties containing over 100,000 and not exceeding 250,000 inhabitants ; and not more than $1,000 additional compensation for each additional 100,000 inhabitants: Provided, that the compensation of no officer shall be increased or diminished during his term of office. All fees or allowances by them received, in excess of their said compensation, shall be paid into the county treasury, ;
@ 11. The fees of township officers, and of each class of county officers, shall be uniform in the class of counties to which they respectively belong, The compensation herein provided for shall apply only to officers hereafter elected, but all fees established by special laws shall cease at the adoption of this constitution, and such officers shall receive only such fees as are provided by general law. : { y
@ 12. All laws fixing the fees of State, county and township officers, shall terminate with the terms, respectively, of those who may be in office at the meeting of the first general assembly after the adoption of this constitution; and the general assembly shall, by general law, uniform in its operation, provide for and regulate the fees of said officers and their successors, so as to reduce the same to a reasonable compensation for services actually rendered. But the general assembly may, by general law, classify the counties by population into not more than three classes, and regulate the fees according to class, This article shall not be aa as depriving the general.assembly of the power to reduce the fees of existing officers,
2 13. Every person who is elected or appointed to any office in this State, who shall be paid in whole or in part by fees, shall be required by law to make a semi-annual report, under oath to some officer to be designated by law, of all his fees and emoluments,
Article Xi
Liability of Bank Stockholder, 14. Power over existing Companies, Suspension of Specie Payment. 1s. Freight and Passenger Turitf reg lated. Of a General Banking Law.
@ 1. No corporation shall be created by special laws, or its charter extended, changed or amended, except those for charitable, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the State, but the general assemb] shall provide, by general law, for the organization of all corporations hereafter to be created.
@ 2. All existing charters or grants of special or exclusive privileges, under which organization shall not have taken place, or which shall not have been in operation within ten days from the time this constitution takes effect, shall thereafter have no validity or effect whatever.
@ 3. The general assembly shall provide, by law, that in all elections for directors or managers of incorporated companies, every stockholder shall have the right to vote, in person or by proxy, for the number of shares cf stock owned by him, for as many persons as there are directors or managers to be elected, or to cumulate said shares, and give one candidate as many votes as the number of directors multiplied by the number of his shares of stock, shall equal, or to distribute them on the same principle among as many candidates as he shall think fit; and such directors or managers shall not be elected in any other manner,
@ 4. No laws shall be passed by the general assembly, granting the right to construct and operate a street railroad within any city, town, or incorporated village, without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by such street railroad.
@ 5. No State bank shall hereafter be created, nor shall the State own or be liable for any stock in any corporation ox joint stock company or association for banking purposes, now created, or to be hereafter created, 'No act of the general assembly authorizing or creating corporations or asssociations, with banking powers, whether of issue, deposit or discount, nor amendments thereto, shall go into effect or in any manner be in force unless the same shall be submitted to a vote of the people at the general election next succeeding the passage of Genes and be approved by a majority of all the votes cast at such election for or against such law.
¢ 6. Every stockholder in a banking corporation or institution shall be individually responsible .and liable to its creditors over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all its liabilities accruing while he or she remains such a stockholder.
@ 7. The suspension of specie payments by banking institutions, or their circulation, created by the laws of this State, shall never be permitted or sanctioned. Every banking association now, or which may hereafter be, organized under the the laws of this State, shall make and publish a full and accurate quarterly statement of its affairs, (which shall be certified to, under oath, by one or more of its officers,) as may be provided by law.
@ 8. If a general banking law shall be enacted, it shall provide for the registry and counter« signing, by an officer of state, of all bills or paper credit, designed to circulate as money, and require security, to the full amount thereof, to be deposited with the State treasyrer, in United States or Illinois State stocks, to be rated at ten per cent, below their par value; and in case of a depreciation of said stocks to the amount of ten per cent. below par, the bank or banks owning said stocks shall be required to make up said deficiency, by depositing additional stocks, And said law shall also provide for the recording of the names of all stockholders in such corporations, the amount of stock held by each, the time of any transfer thereof, and to whom such transfer is made.
3 9. Every railroad corporation organized or doing business in this State, under the laws or authority thereof, shall have and maintain a public office or place in this State for the transaction of its business, where transfers of stock shall be made, and in which shall be kept for public inspection, books, in which shall be recorded the amount of capital stock subscribed, and by whom ; the names of the owners of stock and amount by them respectively, the amount of stock paid in and by whom, the transfers of said stock ; the amount of its assets and liabilities, and the names and place of residence of its officers. The directors of every railroad corporation shall, annually, make a report, under oath, to the auditor of public accounts, or some officer to be designated by law, of all their acts and doings, which report shall include such matters relating to railroads as may be prescribed by law. And the general assembly shall pass laws enforcing by suitable penalties the provisions of this section,
3 10, The rolling stock, and all other movable property belonging to any railroad company or corporation in this State, shall be congidered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals, and the general assembly shall pass no law exempting any such property from execution and sale, consolidation take place except upon public notice given, of at least sixty days, to all stock. holders, in such manner as may be provided by law. A majority of the directors of any railroad corporation, now incorporated or hereafter to be incorporated by the laws of the State, shall be citizens and residents of this State,
@ 12. Railways heretofore constructed, or that may hereafter be constructed in this State, are hereby declared public highways, and shall be free to all persons for the transportation of yee persons and property thereon, under such regulations as may be prescribed by law.
nd the general assembly shall, from time to time, pass laws establishing reasonable maxi« mum rates of charges for the transportation of passengers and freight on the different railroads in this State.
@ 13. No railroad corporation shall issue any stock or bonds, except for money, labor or property, actually received, and applied to the purposes for which such corporation was created; and all stock dividends, and other fictitious increase of the capital stock or indebt. edness of any such corporation, shall be void. The capital stock of no railroad corporation shall be increased for any purpose, except upon giving sixty days' public notice, in such manner as may be provided by law,
@ 14. The exercise of the power, and the right of eminent domain shall never be so construed or abridged as to prevent the taking, by the general assembly, of the property and franchises of incorporated companies already organized, and ign bens to the public necessity the same as of individuals. The right of trial by jury shall held inviolate in all trials of claims for compensation, when, in the exercise of the said right of eminent do« main, any incorporated company shall be interested either for or against the exercise of said right, 5 15. The general assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on different railroads in this State, and enforce such laws, by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their property and franchises.
Article Xii Militia
MILITIA. x. Persons composing the Militia. 4. Privilege from Arrest, 2. Organization - Equipment - Discipline. / s. Records, Banders and Relics, 3. Commissions of Officers. 5. Exemption from militia duty,
4.1. The militia of the State of Illinois shall consist of all able-bodied male persons, resident in the State, between the ages of eighteen and forty-five, except such ons as now are, or hereafter may be, exempted by the laws of the United States, or of State,
3 2. The genera] assembly, in providing for the organization, equipment and discipline of the militia, shall conform as nearly as practicable to the regulations for the government of the armies of the United States.
@ 3. All militia officers shall be commissioned by the governor, and may hold their commissions for such times as the general assembly may provide.
2 4. 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, and in going to and returning from the same.
5. The military records, banners and relics of the State, shall be preserved as an enduring memorial of the patriotism and valor of Illinois, and it shall be the duty of the general assembly to provide by law for the safe keeping of the same.
6. No person having conscientious scruples against bearing arms, shall be compelled to do militia duty in time of peace: Provided, such person shall pay an equivalent for such exemption.
Article Xiii
WAREHOUSES, 1, What deemed Public Warehouses. 5. Delivery of Grain by Railroads. 2. Sworn weekly statements required. 6. Powerand Duty of the Legislature. 7. Grain Inspection#Protection of Dealers.
% 1. All elevators or storehouses where grain or other property is stored for a compensation, whether the property stored be kept separate or not, are declared to be public warehouses.
3 2, The owner, lessee or manager of each and every public warehouse situated in any town or city of not less than 100,000 inhabitants, shall make weekly statements under oath, before some officer to be designated by law, and keep the same posted in some conspicuous place in the office of such warehouse, and shall also file a copy for public examination in such place as shall be designated by law, which statement shall correctly set forth the amount and grade of each and every kind of grain in such warehouse, together with such other property as may be stored therein, and what warehouse receipts have been issued, and are, at the time of making such statement, outstanding therefor ; and shall, on the copy posted in the warehouse, note daily such changes as may be made in the quantity and grade of grain in such warehouse; and the different grades of grain shipped in separate lots, shall not be mixed with inferior or superior grades, without the consent of the owner or consignee thereof. ;
2 3. The owners of property stored in any warehouse, or holder of a receipt for the same, shall always be at liberty to examine such property stored, and all the books and records of the warehouse in regard to such property,
@ 4. Allrailroad companies and other common carriers on railroads shall weigh or measure grain at points where it is shipped, and receipt for the full amount, and shall be responsible for the delivery of such amount to the owner or consignee thereof, at the place of 'destination.
@ 5. All railroad companies receiving and transporting grain in bulk or otherwise, shall deliver the same to any consignee thereof, or any elevator or public warehouse to which it may be consigned, provided such consignee, or the elevator or public warehouse can be reached by any track owned, leased or used, or which can be used, by such railroad companies ; and all railroad companies shall permit connections to be made with their track, so that any such consignee; and any public warehouse, coal bank or coal yard, may be reached by the cars on said railroad.
2 6. It shall be the duty of the general assembly to pass all necessary laws to prevent the issue of false and fraudulent warehouse receipts, and to give full effect to this article of the constitution, which shall be liberally construed so as to protect producers and shippers. And the enumeration of the remedies herein named shall not be construed to deny to the general assembly the power to prescribe by law such other and further remedies as may be found expedient, or to deprive any person of existing common law remedies, aes
2 7. The general assembly shall pass laws for the inspection of grain, for the protection of producers, shippers and receivers of grain and produce,
Article Xiv Amendments To The Constitution
@ 1. Whenever two-thirds of the members of each house of the general assembly shall, by a vote entered upon the journals thereof, concur that a convention is necessary to revise, alter or amend the constitution, the question shall be submitted to the electors at the next general election. If a majority voting at the election vote for a convention, the general assembly shall, at the next session, provide for a convention, to consist of double the number of the members of the senate, to be elected in the same manner, at the same places, and in the same districts, The general assembly shall, in the act calling the convention, designate the day, hour and place of its meeting, fix the pay of its members and officers, and provide for the paymentof the same, together with expenses necessarily incurred by the convention in the performance of its duties. Before proceeding, the members shall take an oath to support the constitution of the United States, and of the State of Illinois, and to faithfully discharge their duties as members of the convention. The qualification of members shall be the same as that of members of the senate, and vacancies occurring shall be filled in the manner provided for filling vacancies in the general assembly, Said convention shall meet within three months after such election, and prepare such revisions, alterations or amendments of the constitution as shall be deemed necessary, which shall be submitted to the electors for their ratification or rejection, at an election appointed by the convention for that purpose, not less than or more than six months after the adjournment thereof ; and unless so submitted and approved by a majority of the electors voting at the election, no such revisions, alterations or amendments shall take effect.
2. Amendments to this constitution may bt proposed in either house of the general assembly, and if the same shail be voted for by two-thirds of all the members elected to each of the two houses, such proposed amendments, together with the yeas and nays of each house thereon, shall be entered in full on their respective journals, and said amendments shall be submitted to the electors of this State for adoption or rejection, at the next election of members of the general assembly, in such manner as may be prescribed by law. The proposed amendments shall be published in full at least three months preceeding the election, and if a majority of electors voting at said election shall vote for the proposed amendments, they shall become a part of this constitution. But the general assembly shall have no power to propose amendments to more than one article of this constitution at the same session, nor to the same article oftner than once in four years.
Separate Sections
No contract, obligation or liability whatever, of the IJinois Central Railroad Company, to pay any money into the State treasury, nor any lien of the State upon, or right to tax property of said company, in accordance with the provisions of the charter of said company, approved Feb, ro, in the year of our Lord 1851, shall ever be released, suspended, modified, altered, remitted, or in any manner diminished or impaired by leglslative or other authority ; and all moneys derived from said company, after the payment of the State debt, shall be appropriated and set apart for the payment of the ordinary expenses of the State government, and for no other purposes whatever.
Municipal Subscriptions To Railroads Or Private Corporations
No county, city, town, township or other municipality, shall ever become subscriber to the capital stock of any railroad or private corporation, or make donation to, or loan its credit in aid of such corporation: Provided, however, that the adoption of this article shall not be construed as affecting the right of any such municipality to make such subscriptions where the same have been authorized, under existing laws, by a vote of the people of such municipalities prior to such adoption,
Canal
The Illinois and Michigan Canal shall never be sold or leased until the specific proposition for the sale or lease thereof shall have first been submittedto a vote of the people of the State, at a general election, and have been approved by a majority of all the votes polled at such election, The general assembly shall never loan the credit of the State, or make appropriations from the treasury thereof, in aid of railroads or canals: Provided, that any surplus earnings of any canal may be appropriated for its enlargement or extension,
Schedule
SCHEDULE, 1. Laws in force remain valid. ? 4. Present county Courts continued. 2. Fines, Penalties, and Forfeitures. 5. All existing Courts continued. 3. Recognizances, Bonds, Obligations. 6. Persons now in Office continued.
That no inconvenience may arise from the alterations and amendments made in the constitution of this State, and to carry the same into complete effect, it is hereby ordained and declared ;
8 1. That all laws in force at the adoption of this constitution, not inconsistent therewith, and all rights, actions, prosecutions, claims, and contracts of this State, individuals, or bodies corporate, shall continue to be as valid as if this constitution had not been adopted.
@ 2. That all fines, taxes, penalties and forfeitures, due and owing to the State of Illinois under the present constitution and laws, shall insure to the use of the people of the State of Illinois, under this constitution.
3. Recognizances, bonds, obligations, and all other instruments entered into or executed before the adoption of this constitution, to the people of the State of Illinois, to any State or county officer or public body, shall remain binding and valid; and rights and liabilities upon the same shall continue, and all crimes and misdemeanors shall he tried and punished as though no change had been made in the constitution of this State.
@ 4. County courts for the transaction of county business in counties not having adopted township organization, shall continue in existence and exercise their present jurisdiction until the board of county commissioners provided in this constitution is organized in pursuance of an act of the general assembly ; and the county courts in all other counties shall have the same power and jurisdiction they now possess until otherwise provided by general law.
% 5. Allexisting courts which are not in this constitution specially enumerated, shall continue in existence and exercise their present jurisdiction until otherwise provided by law.
@ 6. All persons now filling any office or appointment shall continue in the exercise of the duties thereof according to their respective cogimissions or appointments, unless by this constitution it is otherwise directed.
% 18. All laws of the State of Illinois, and all official writings, and the executive, legislative and judicial proceedings, shall be conducted, preserved and published in no other than the English language. ;
20. The circuit clerks of the different counties having a population over sixty thousand, shall continue to be recorders (ex-officio) for their respective counties, under this constitu-
% 21. The judges of all courts of record in Cook County shall, in lieu of any salary provided for in this constitution, receive the compensation now provided by law until the adjournment of the first session of general assembly after the adoption of this constitution.
@ 22. The present judge of the circuit court of Cook county shall continue to hold the circuit court of Lake county until otherwise provided by law.
% 23. When this constitution shall be adopted, and take effect as the supreme law of the State of Illinois, the two-mill tax provided to be annually assessed and collected upon each dollar's worth of taxable property, in addition to all other taxes, as set forth in article fifteen of the now existing constitution, shall cease to be assessed after the year of our Lord one thousand eight hundred and seventy,
% 24. Nothing contained in this constitution shall be so construed as to deprive the genera assembly of the power to authorize the city of Quincy to create any indebtedness for railroad or municipal purposes, for which the people of said city shall have voted, and to which they shall have given, by such vote, their assent, prior to the thirteenth day of December, in the year of our Lord one thousand eight hundred and sixty-nine: Provided, that no such indebtedness, so created, shall in any part thereof be paid by the State, or from any State revenue, tax or fund, but the same shali be paid, if at all, by the said city of Quincy alone, and by taxes to be levied upon the taxable property thereof: And provided, further, that the general assembly shall have no power in the premises that it could not exercise under the present constitution of this State.
@ 25. In case this constitution and the articles and sections submitted separately be adopted, the existing constitution shall cease in all its provisions ; and in case this constitution be adopted, and any one or more of its articles or sections submitted separately be defeated , the provisions of the existing constitution (if any) on the same subject shall remain in force. :
% 26. The provisions of this constitution required to be executed prior to the adoption or rejection thereof shall take effect and be in force immediately.
Done in convention at the capital, in the city of Springfield, on the thirteenth day of May, in the year of our Lord one thousand eight hundred and seventy, and of the independence of the United States of America the ninety-fourth,
I, Gzorcz H. Harvow, Secretary of the State of Illinois, do hereby certify that the foregoing is a true copy of the constitution of the State of Illinois adopted in convention the 13th day of May, 1870, ratified by a vote of the people the 2th day of July, 1870, and in force on the 8th day of August, 1870, and now on file in th's office. In testimony whereof I hereto set my hand and affix the Great Seal of State, at the city of Springfield, this 31st day of March, A. D. 1873.
Declaration Of Independence
When, in the course of human eyents, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights ; that among these are life, liberty and the pursuit of happiness, That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and, accordingly, all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed, But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies, and such is now the necessity which constrains them to alter their former systems of government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these States. To prove this let facts be submitted toa candid world:
: He has forbidden his Governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature; a right inestimable to them, and formidable to tyrants only,
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures.
He has refused, for a long time after such dissolution, to cause others to be elected ; whereby the legislative powers, incapable of annihilatica, have returned to the people at large for their exercise; the State remaining, in the meantime, exposed to all the danger of invasion from without, and convulsions within.
He has endeavored to prevent the population of these States; for that purpose, obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands.
He has erected a multitude of new offices,and sent hither swarms of officers to harass our people, and eat out their substance. legist has kept among us, in times of peace, standing armies, without the consent of our
He has*combined, with others, to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation.
For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies :
He is, at this time, transporting large armies of foreign mercenaries to complete the work of death, desolation and tyranny, already begun, with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation,
He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands.
He has excited domestic insurrections amongst us, and has endeavored to,bring on the inhabitants of our frontiers, the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions,
In every stage of these oppressions, we have petitioned for redress, in the most humble terms; our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the
Nor have we been wanting in attention to our British brethren, We have warned them from time to time, of attempts made by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They, too, have been deaf to the voice of justice and consanguinity. We must,therefore, acquiesce in the necessity, which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace, friends,
We, therefore, the representatives of the UNITED STATES OF AMERICA, in GENERAL CONGRESS assembled, appealing to the Supreme Judge of the World for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonies, solemnly publish and. declare, That these United Colonies are, and of right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all allegiance to the British crown, and that all political connection between them and the State of Great Britain, is, and ought to be, totally dissolved; and that, as FREE AND INDEPENDENT STATES, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which INDEPENDENT STATES may of right do. And, for the support of this declaration, and a firm reliance on the protection of DIVINE PROVIDENCE, we mutually pledge to each other, our lives, our fortunes, and
John Hancock
WE, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, 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 United States of America.
SEcTION 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
SECTION 2. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.
ears, and been seven years a citizen of the United States, and who shall not, when elected, ean inhabitant of that State in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons, The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hamphsire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia, ten, North Carolina five, and Georgia three.
When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies.
SECTION 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one vote,
Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that onethird may be chosen every second year ; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies.
No person shall be a Senator who shall not have attained to the age of thirty-years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.
The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.
The Senate shall have the sole power to try all impeachments. When sitting for that purpose they shall he on oath or affirmation, When the President of the United States is tried, the Chief Justice shall preside. And no person shall be convicted without the concurrence of two-thirds of the members present.
Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to law.
SECTION 4. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at med time by law, make or alter such regulations, except as to the places of choosing
The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in 'December, unless they shall by law appoint a different day.
SECTION 5. Each house shall be the judge of the election, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members in such manner, and under such penalties as each house may provide,
Each house may determine the rules ofits proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member.
Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal,
Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
SECTION 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and 'paid out of the Treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, 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. : ;
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person
SEcTION 7. All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or concur with amendments as on other bills.
Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted), after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law,
Every order, resolution or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment), shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bili,
To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States ; but all duties, imposts and excises shall be uniform throughout the United States ;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States, respectively the appointment of the officers, and the authority of training the milita according to the discipline prescribed by Congress.
To exercise legislation in all cases whatsoever, over such district (not exceeding ten miles square), as may by the cession of particular States and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings; - and
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in'the government of the United States, or in any department or officer thereof.
SECTION 9, The migration or importation of such persons as any of the States now exist. ing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importa. tion, not exceeding ten dollars for each persons.
The privileges of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to, or from one State, be obliged to. enter, clear, or pay duties in another.
No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time,
No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State.
SECTION 10. No State shall enter into any treaty, alliance, or confederation ; t letters of marque or reprisal; coin money; emit bills of credit; make anything but pape silver coin a tender in payment of debts; pass any bill of attainder,ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility,
No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except What may be absolutely necessary for executing its inspection laws, and the net produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.
No State shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent
SECTION 1. The Executive power shall be vested in a President of the United States of America. He shall hol-{ his office during the term of four years, and, together with the Vice President chosen for the same term, be elected as follows:
Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of -Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
[*The electors shall meet in their respective States and vote by bailot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. Arid they shall make a list of all persons voted for, and of the number of votes for each ; which list they shall sign and certily, 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 shall be the President, if such number be a majority of the whole number of electors appointed ; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President ; and if no p2rson have a majority, then from the five highest on the list the said House shall in like manner choose the President, But in choosing the President, the vote 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 necessar, toachoice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President. ]
The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.
No pesron except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the United States.
In case of the remoyal of the President from office, or of his death, resignation or inability to discharge the powers and duties of the said ofiice, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, ora President shall be elected.
The President shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or
"TJ do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States,"
SECTION 2. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the Executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. '
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice of the Senate, shall appoint ambassadors, ohter public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments.
The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next sessions.
SECTION 3. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. 7
SrcTIoN 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other
SECTION 8. The judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. ; . Ee
SECTION 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; - to all cases affecting ambassadors, other public ministers, and consuls ; - to all cases of admiralty and maritime jurisdiction ; - to controversies to which the United States shall be a party ; - to controversies between two or more States ; - between a State and citizens of another State ; - between citiz > of different States ; - between citizens of the same State claiming lands under grants of diffe-ent States, and between a State, or the citizens thereof, and foreign States, citizens or subjects. k .
In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. Kis
In all the other cases before mentioned, the Supreme Court shall have appellate jurisee *This clause within brackets has been superceded and annulled by the 12th amendment, diction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by j i of 2s of s y jury; and such trial shall be heid in the State where the said crimes shall have been Sonmmutinds but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.
SECTION 3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. ;
The Congress shall have power to declare the punishment of treason, but no attainder of eee a work corruption of blood, or forfeiture except during the life of the person attainted.
Provenance
Text from 1763 History of Macoupin County, Illinois : with Illustrations Descriptive of Its Scenery and Biographical Sketches of Some of Its Prominent Men and Pioneers, published 1879, in the public domain in the United States and digitised by the Internet Archive.