Illinois Constitution of 1848
Adopted by Convention, August 31, 1847. Ratified by popular vote, March 6, 1848. In force April 1, 1848.
We, the people of the state of Illinois-grateful to Almighty God for the civil, political and religious liberty which He hath so long permitted us to enjoy, and looking to him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations-in order to form a more perfect government, establish justice, insure domestic 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 state of Illinois.
Article I. Boundaries
§ 1. The boundaries and jurisdiction of the state shall be as follows, to-wit: Beginning at the mouth of the "Wabash river; thence up the same. and with the line of Indiana, to the northwest corner of said state; thence east, with the line of the same state, to the middle of lake Michigan; thence north along the middle of said lake, to north latitude 42° 30'; thence west to the middle of the Mississippi river, and thence down along the middle of that river to its confluence with the Ohio river; and thence up the latter river, along its northwestern shore, to the place of beginning: Provided, that this state shall exercise such jurisdiction upon the Ohio river as she is now entitled to, or such as may be agreed upon by this state and the state of Kentucky.
Article II. Concerning the Distribution of the Powers of Government
§ 1. The powers of the government of the state of Illinois shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to-wit: Those which are legislative, to one; those which are executive, to another, and those which are judicial, to another.
§ 2. No person, or collection of person, being one of these departments. shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted, and all acts in contravention of this section shall be void.
Article III. Of the Legislative Department
§ 1. The legislative authority of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives, both to be elected by the people. § 2. The first election for senators and representatives shall be held on the Tuesday after the first Monday in November, 1848; and thereafter, elections for members of the general assembly shall be held once in two years, on the Tuesday next after the first Monday in November, in each and every county, at such places therein as may be provided by law.
§ 3. No person shall be a representative who shall not have attained the age of 25 years, who shall not be a citizen of the United States, and three years an inhabitant of his state, who shall have not resided within the limits of the county or district in which he shall be chosen 12 months next preceding his election, if such county or district shall have; been so long erected, but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the public business of the United States or of this state, and who, moreover, shall not have paid a state or county tax.
§ 4. No person shall be a senator who shall not have attained the age of 30 years; who shall not be a citizen of the United States, five years an inhabitant of this state, and one year in the county or district in which he shall be chosen immediately preceding his election, if such county or district shall have been so long erected; but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the public business of the United States, or of this state and shall not, moreover, have paid a state or county tax.
§ 5. The senators at their first session herein provided for shall be divided by lot, as near as can be, into two classes. The seats of the first class shall be vacated at the expiration of the second year, and those of the second class at the expiration of the fourth year, so that one-half thereof, as near as possible, may be biennially chosen forever thereafter.
§ 6. The senate shall consist of 25 members, and the house of representatives shall consist of 75 members, until the population of the state shall amount to 1,000,000 of souls, when five members may be added to the house, and five additional members for every 500,000 inhabitants thereafter, until the whole number of representatives shall amount to 1OO; after which the number shall neither be increased nor diminished; to be apportioned among the several counties according to the number of white inhabitants. In all future apportionments, where more than one county shall be thrown into a representative district, all the representatives to which said counties may be entitled shall be elected by the entire district.
§ 7. No person elected to the general assembly shall receive any civil appointment within this state, or to the senate of the United States, from the governor, the governor and senate, or from the general assembly, during the term for which he shall have been elected; and all such appointments, and all votes given for any such member for any such office or appointment, shall be void; nor shall any member of the general assembly be interested, either directly or indirectly, in any contract with the state, or any county thereof, authorized by any law passed during the time for which he shall have been elected, or during one year after the expiration thereof.
§ 8. In the year 1855, and every 10th year thereafter, an enumeration of all inhabitants of this state shall be made in such manner as shall be directed by law; and in the year 1850, and every 10th year thereafter, the census taken by authority of the government of the United States shall be adopted by the general assembly as the enumeration of this state; and the number of senators and representatives shall, at the first regular session holden after the returns herein provided for are made, be apportioned among the several counties or districts to be established by law, according to the number of white inhabitants.
§ 9. Senatorial and representative districts shall be composed of contiguous territory bounded by county lines; and only one senator allowed to each senatorial and not more than three representative to any representative district: Provided, that cities and towns containing the requisite population may be erected into separate districts.
§ 10. In forming senatorial and representative districts, counties containing a population of not more than one-fourth over the existing ratio, shall form separate districts, and the excess shall be given to the nearest county or counties not having a senator or representative, as the case may be, which has the largest white population.
§ 11. The first session of the general assembly shall commence on the first Monday of January, 1849; and forever after the general assembly shall meet on the first Monday of January next ensuing the election of the members thereof, and at no other period, unless as provided by this constitution.
§ 12. The senate and house of representatives, when assembled, shall each choose a speaker and other officers (the speaker of the senate excepted). Each house shall judge of the qualifications and elections of its members, and sit upon its own adjournments. Two-thirds of each house shall constitute a quorum; but a smaller number may adjourn from day to day, and compel the attendance of absent members.
§ 13. Each house shall keep a journal of its proceedings, and publish them. The yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals.
§ 14. Any two members of either house shall have liberty to dissent and protest against any act or resolution which they may think injurious to the public, or to any individual, and have the reasons of their dissent entered on the journals.
§ 15. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of all the members elected, expel a member, but not a second time for the same cause; and the reason for such expulsion shall be entered upon the journal, with the names of the members voting on the question.
§ 16. When vacancies shall happen in either house, the governor or the person exercising the powers of governor, shall issue writs of election to fill such vacancies.
§ 17. Senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
§ 18. Each house may punish, by imprisonment during its session, any person not a member who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence: Provided, such imprisonment shall not, at any one time, exceed 24 hours.
§ 19. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as in the opinion of the house require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days nor to any other place than that in which the two houses shall be sitting. § 20. The style of the laws of this state shall be: Be it enacted by the People of the State of Illinois, represented in the General Assembly.
§ 21. Bills may originate in either house, but may be altered, 'amended or rejected by the other; and on the final passage of all bills, the vote shall be by ayes and noes, and shall be entered on the journal; and no bill shall become a law without the concurrence of a majority of all the members elect in each house.
§ 22. Bills making appropriations for the pay of the members and officers of the general assembly, and for the salaries of the officers of the government, shall not contain any provision on any other subject.
§ 23. Every bill shall be read on three different days, in each house, unless in case of urgency, three-fourths of the house where such bill is so depending shall deem it expedient to dispense with this rule, and every bill having passed both houses shall be signed by the speakers of their respective houses; and no private or local law which may be passed by the general assembly shall embrace more than one subject, and that shall be expressed in the title. And no public act of the general assembly shall take effect or be in force until the expiration of 60 days from the end of the session at which the same may be passed, unless in case of emergency the general assembly shall otherwise direct.
§ 24. The sum of $2 per day, for the first 42 days' attendance, and $1 per day for each day's attendance thereafter, and 10 cents for each necessary mile's travel, going to and returning from the seat of government, shall be allowed to the members of the general assembly, as compensation for their services, and no more. The speaker of the house of representatives shall be allowed the sum of $1 per day, in addition to his per diem as a member.
§ 25. The per diem and mileage allowed to each member of the general assembly shall be certified by the speakers of their respective houses, and entered on the journals, and published at the close of each session.
§ 26. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and an accurate statement of the receipts and expenditures of the public money shall be attached to, and published with the laws at the rising of each session of the general assembly. And no person, who has been or may be a collector or holder of public moneys, shall be eligible to a seat in either house of the general assembly, nor be eligible to any office of profit or trust in this state, until such person shall have accounted for, and paid into the treasury all sums for which he may be accountable.
§ 27. The house of representatives shall have the sole power of impeaching; but majority of all members elected must concur in an impeachment. All impeachments shall be tried by the senate, and when sitting for that purpose, the senators shall be upon oath, or affirmation, to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the senators elected.
§ 28. The governor and other civil officers under this state, shall be liable to impeachment for any misdemeanor in office, but judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, profit or trust, under this state. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment and punishment, according to law.
§ 29. No judge of any court of law or equity, secretary of state, attorney general, attorney for the state, recorder, clerk of any court of record, sheriff or collector, member of either house of congress, or person holding any lucrative office under the United States or of this state (provided that appointments in the militia, or justices of the peace, shall not be considered lucrative offices) shall have a seat in the general assembly; nor shall any person, holding any office of honor or profit under the government of the United States, hold any office of honor or profit under the authority of this state.
§ 30. Every person who shall be chosen or appointed to any office of trust or profit shall, before entering upon the duties thereof, take an oath to support the constitution of the United States, and of this state, and also an oath of office.
§ 31. The general assembly shall have full power to exclude from the privilege of electing, or being elected, any person convicted of bribery, perjury, or other infamous crime.
§ 32. The general assembly shall have no power to grant divorces, but may authorize the courts of justice to grant them for such causes as may be specified by law: Provided, that such laws be general and uniform in their operation.
§ 33. The general assembly shall never grant or authorize extra compensation to any public officer, agent, servant, or contractor, after the service shall have been rendered or the contract entered into.
§ 34. The general assembly shall direct by law in what manner suits may be brought against the state.
§ 35. The general assembly shall have no power to authorize lotteries for any purpose, nor to revive or extend the charter of the state bank, or the charter of any other bank heretofore existing in the state, and shall pass laws to prohibit the sale of lottery tickets in this state.
§ 36. The general assembly shall have no power to authorize, by private or special law, the sale of any lands or other real estate belonging in whole or in part to any individual or individuals.
§ 37. Each general assembly shall provide for all the appropriations necessary for the ordinary and contingent expenses of the government until the adjournment of the next regular session, the aggregate amount of which shall not be increased without a vote of two-thirds of each house, nor exceed the amount of revenue authorized by law to be raised in such time: Provided, the state may, to meet casual deficits or failures in revenues, contract debts never to exceed in the aggregate $50,000, and the moneys thus borrowed shall be applied to the purpose for which they were obtained, or to repay the debt thus made, and to no other purpose; and no other debt, except for the purpose of repelling invasion, suppressing insurrection, or defending the state in war (for payment of which the faith of the state shall be pledged), shall be contracted unless the law authorizing the same shall, at a general election, have been submitted to the people, and have received a majority of all votes cast for members of the general assembly at such election. The general assembly shall provide for the publication of said law for three months at least before the vote of the people shall be taken upon the same; and provision shall be made, at the time, for the payment of the interest annually, as it shall accrue, by a tax levied for the purpose, or from other sources of revenue; which law, providing for the payment of such interest by such tax, shall be irrepealable until such debt be paid: And, provided, further, that the law levying the tax be submitted to the people with the law authorizing the debt to be contracted.
§ 38. The credit of the state shall not, in any manner, be given to or in aid of any individual, association or corporation.
§ 39. The general assembly shall provide, by law, that the fuel and stationery furnished for the use of the state, the copying, printing, binding, and distributing the laws and journals, and all other printing ordered by the general assembly, shall be let, by contract, to the lowest responsible bidder; and that no member of the general assembly, or other officer of the state, shall be interested, either directly or indirectly, in any such contract: Provided, that the general assembly may fix a maximum price.
§ 40. Until there shall be a new apportionment of senators and representatives, the senate shall be divided into senatorial and representative districts, and the senators and representatives shall be apportioned among the several districts as follows, viz.: [Apportionment omitted.]
§ 41. Until the general assembly shall otherwise provide, the clerks of the county commissioners' courts in each of the aforesaid senatorial districts, and in such of the representative districts as may be composed of more than one county, shall meet at the county seat of the oldest county in said district, within 30 days next after any election for senator or representative therein, for the purpose of comparing and canvassing the votes given at such election; and the said clerks shall in. all other respects conform to the laws on the subject in force at the time of the adoption of this constitution.
Article IV. Of the Executive Department
§ 1. The executive power of the state shall be vested in a governor.
§ 2. The first election of governor shall be held on Tuesday next after the first Monday in November, 1848: and the next election shall be held on Tuesday next after the first Monday of November, 1852; and thereafter an election for governor shall be held once in four years, on Tuesday next after the first Monday of November. The governor shall be chosen by the electors of the members of the general assembly, at the same places and in the same manner that they shall respectively vote for members thereof. The returns for every election of governor shall be sealed up and transmitted to the seat of government, by the returning officers, directed to the speaker of the house of representatives, who shall open and publish them in the presence of a majority of the members of each house of the general assembly. The person having the highest number of votes shall be governor; but if two or more be equal and highest in votes, then one of them shall be chosen governor by joint ballot of both houses of the general assembly. Contested elections shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law.
§ 3. The first governor shall enter upon the duties of his office on the second Monday of January, 1849, and shall hold his office until the second Monday of January, 1853, and until his successor shall have been elected and qualified; and thereafter the governor shall hold his office for the term of four years, and until his successor shall have been elected and qualified; but he shall not be eligible to such office more than four years, in any term of eight years, nor to any other office until after the expiration of the term for which he was elected.
§ 4. No person except a citizen of the United States shall be eligible to the office of governor; nor shall any person be eligible to that office who shall not have attained the age of 35 years, and been 10 years a resident of this state and 14 years a citizen of the United States.
§ 5. The governor shall reside at the seat of government, and receive a salary of $1,500 per annum, which shall not be increased or diminished; and he shall not, during the time for which he shall have been elected, receive any emolument from the United States, or either of them.
§ 6. Before he enters upon the duties of his office, he shall take the following oath or affirmation, to-wit: I do solemnly swear (or affirm) that I will faithfully execute the duties appertaining to the office of governor of the state of Illinois; and will, to the best of my ability, preserve, protect, and defend the constitution of this state; and will, also, support the constitution of the United States.
§ 7. He shall, from time to time, give the general assembly information of the state of the government, and recommend to their consideration such measures as he shall deem expedient.
§ 8. The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the general assembly at its next meeting, when the general assembly shall pardon the convict, commute the sentence, direct the execution thereof, or grant a further reprieve. He shall, biennially, communicate to the general assembly each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime for which he was convicted, the sentence and its date, and the date of commutation, pardon or reprieve.
§ 9. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties or their respective offices, and shall take care that the laws be faithfully executed.
§ 10. He may, on extraordinary occasions, convene the general assembly by proclamation, and shall state in said proclamation the purpose for which they are to convene; and the general assembly shall enter on no legislative business except that for which they were specially called together.
§ 11. He shall be commander-in-chief of the army and navy of this state, and of the militia, except when they shall be called into the service of the United States.
§ 12. The governor shall nominate and, by and with the advice and consent of the senate (a majority of all the senators concurring), appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointments are not otherwise provided for; and no such officer shall be appointed or elected by the general assembly.
§ 13. In case of disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the general assembly to such time as he thinks proper: Provided, it be not to a period beyond the next constitutional meeting of the same.
§ 14. A lieutenant-governor shall be chosen at every election of governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenant-governor the electors shall distinguish whom they vote for as governor, and whom as lieutenant-governor.
§ 15. The lieutenant-governor shall, by virtue of his office, be speaker of the' senate: have a right, when in committee of the whole, to debate and vote on all subjects, and, whenever the senate are equally divided, to give the casting vote.
§ 16. Whenever the government shall be .administered by the lieutenant-governor, or he shall be unable to attend as speaker of the senate, the senators shall elect one of their own number as speaker for that occasion; and if, during the vacancy of the office of governor, the lieutenant-governor shall be impeached, removed from office, refuse to qualify, or resign or die, or be absent from the state, the speaker of the senate shall, in like manner, administer the government.
§ 17. The lieutenant-governor, while he acts as speaker of the senate, shall receive for his services the same compensation which shall, for the same period, be allowed to the speaker of the house of representatives, and no more.
§ 18. If the lieutenant-governor shall be called upon to administer the government, and shall, while in such administration, resign, die, or be absent from the state, during the recess of the general assembly, it shall be the duty of the secretary of state, for the time being, to convene the senate for the purpose of choosing a speaker.
§ 19. In case of the impeachment of the governor, his absence from the state, or inability to discharge the duties of his office, the powers, duties and emoluments of the office shall devolve upon the lieutenant-governor, and in case of his death, resignation, or removal, then upon the speaker of the senate for the time being, until the governor, absent or impeached, shall return or be acquitted; or until the disqualification or inability shall cease, or until a new governor shall be elected and qualified.
§ 20. In case of a vacancy in the office of governor, for any other cause than those herein enumerated, or in case of the death of the governor-elect before he is qualified, the powers, duties, and emoluments of the office shall devolve upon the lieutenant-governor, or speaker of the senate, as above provided, until a new governor be elected and qualified.
§ 21. Every bill which shall have passed the senate and house of representatives shall, before it becomes a law, be presented to the governor; if he approve, he shall sign it: but if not, he shall return it, with his objections, to the house in which it shall have originated; and the said house shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, a majority of the members elected 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 a majority of the members elected, it shall become a law, notwithstanding the objections of the governor; but in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house, respectively. If any bill shall not be returned by the governor within 10 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 general assembly shall, by their adjournment, prevent its return; in which case, the said bill shall be returned on the first day of the meeting of the general assembly after the expiration of said 10 days or be a law.
§ 22. There shall be elected by the qualified electors of this state, at the same time of the election for governor, a secretary of state, whose term of office shall be the same as that of the governor, who shall keep a fair register of the official acts of the governor. and, when required, shall lay the same, and all papers, minutes and vouchers relative thereto. before either branch of the general assembly, and shall perform such other duties as shall be assigned him by law, and shall receive a salary of $800 per annum, and no more, except fees: Provided, that if the office of secretary of state should be vacated by death, resignation, or otherwise, it shall be the duty of the governor to appoint another, who shall hold his office until another secretary shall be elected and qualified.
§ 23. There shall be chosen, by the qualified electors throughout the state, an auditor of public accounts, who shall hold his office for the term of four years, and until his successor is qualified, and whose duties shall be regulated by law, and who shall receive a salary, exclusive of clerk hire, of $1,000 per annum for his services, and no more.
§ 24. There shall be elected, by the qualified electors throughout the state, a state treasurer, who shall hold his office for two years, and until his successor is qualified; whose duties may be regulated by law, and who shall receive a salary of $800 per annum, and no more.
§ 25. All grants and commissions shall be sealed with the great seal of state, signed by the governor or person administering the government, and countersigned by the secretary of state.
§ 26. The governor and all other civil officers shall be liable to impeachment for misdemeanor in office, during their continuance in office, and for two years thereafter.
Article V. Of the Judiciary Department
§ 1. The judicial power of this state shall be and is hereby vested in one supreme court, in circuit courts, in county courts, and in justices of the peace: Provided, that inferior local courts, of civil and criminal jurisdiction, may be established by the general assembly in the cities of this state, but such courts shall have a uniform organization and jurisdiction in such cities.
§ 2. The supreme court shall consist of three judges, two of whom shall form a quorum; and the concurrence of two of said judges shall in all cases be necessary to a decision.
§ 3. The state shall be divided into three grand divisions, as nearly equal as may be, and the qualified electors of each division shall elect one of the said judges for the term of nine years: Provided, that after the first election of said judges the general assembly may have the power to provide by law for their election by the whole state, or by divisions, as they may deem most expedient.
§ 4. The office of one of said judges shall be vacated, after the first election held under this article, in three years, of one in six years, and of one in nine years: to be decided by lot, so that one of said judges shall be elected once in every three years. The judge having the longest term to serve shall be the first chief justice; after which the judge having the oldest commission shall be chief justice.
§ 5. The supreme court may have original jurisdiction in cases relative to the revenue, in cases of mandamus, habeas corpus, and in such cases of impeachment as may be by law directed to be tried before it, and shall have appellate jurisdiction in all other cases.
§ 6. The supreme court shall hold one term annually in each of the aforesaid grand divisions, at such time and place, in each of said divisions, as may be provided for by law. § 7. The state shall be divided into nine judicial districts, in each of which one circuit judge shall be elected by the qualified electors thereof, who shall hold his office for the term or six years, and until his successor shall be commissioned and qualified: Provided, that the general assembly may increase the number of circuits to meet the future exigencies of the state.
§ 8. There shall be two or more terms of the circuit court held annually in each county of this state, at such times as shall be provided by law; and said courts shall have jurisdiction in all cases at law and equity, and in all cases of appeals from all inferior courts.
§ 9. All vacancies in the supreme and circuit courts shall be filled by election as aforesaid: Provided, however, that if the unexpired term does not exceed one year, such vacancy may be filled by executive appointment.
§ 10. The judges of the supreme court shall receive a salary of $1,200 per annum, payable quarterly, and no more. The judges of the circuit courts shall receive a salary of $1,000 per annum, payable quarterly, and no more. The judges of the supreme and circuit courts shall not be eligible to any other office or public trust of profit in this state, or the United States, during the term for which they are elected, nor for one year thereafter. All votes for either of them for any elective office (except that of judge of the supreme or circuit court) given by the general assembly, or the people, shall be void.
§ 11. No person shall be eligible to the office of judge of any court of this state who is not a citizen of the United States, and who shall not have resided in this state five years next preceding his election, and who shall not for two years next preceding his election have resided in the division, circuit or county in which he shall be elected; nor shall any person be elected judge of the supreme court who shall be, at the time of his election, under the age of 35 years; and no person shall be eligible to the office of judge of the circuit court until he shall have attained the age of 30 years.
§ 12. For any reasonable cause, to be entered on the journals of each house, which shall not be sufficient ground for impeachment, both justices of the supreme court and judges of the circuit court shall be removed from office, on the vote of two-thirds of the members elected to each branch of the general assembly: Provided, always, that no member of either house of the general assembly shall be eligible to fill the vacancy occasioned by such removal: Provided, also, that no removal shall be made unless the justice or judge complained of shall have been served with a copy of the complain against him, and shall have an opportunity of being heard in his defense.
§ 13. The first election for justices of the supreme court and judges of the circuit courts shall be held on the first Monday of September, 1848.
§ 14. The second election for one justice of the supreme court shall be held on the first Monday of June, 1852, and every three years thereafter an election shall be held for one justice of the supreme court.
§ 15. On the first Monday of June, 1855, and every sixth year thereafter, an election shall be held for judges of the circuit courts: Provided, whenever an additional circuit is created, such provision may be made as to hold the second election of such additional judge at the regular elections herein provided.
§ 16. There shall be in each county a court, to be called a county court.
§ 17. One county judge shall be elected by the qualified voters of each county, who shall hold his office for four years, and until his successor is elected and qualified.
§ 18. The jurisdiction of said court shall extend to all probate and such other jurisdiction as the general assembly may confer in civil cases, and such criminal cases as may be prescribed by law, where the punishment is by fine only, not exceeding $100.
§ 19. The county judge, with such justices of the peace in each county as may be designated by law, shall hold terms for the transaction of county business, and shall perform such other duties as the general assembly shall prescribe: Provided, the general assembly may require that two justices, to be chosen by the qualified electors of each county, shall sit with the county judge in all cases; and there shall be elected, quadrenially, in each county, a clerk of the county court, who shall be ex officio recorder, whose compensation shall be fees: Provided, the general assembly may, by law, make the clerk of the circuit court ex officio recorder, in lieu of the county clerk.
§ 20. The general assembly shall provide for the compensation of the county judge.
§ 21. The clerks of the supreme and circuit courts, and state's attorneys, shall be elected at the first special election for judges. The second election for clerks of the supreme court shall be held on the first Monday of June, 1855, and every sixth year thereafter. The second election for clerks of the circuit courts, and state's attorneys, shall be held on the Tuesday next after the first Monday of November, 1852, and every fourth year thereafter.
§ 22. All judges and state's attorneys shall be commissioned by the governor.
§ 23. The election of all officers, and the filling of all vacancies that may happen by death, resignation or removal, not otherwise directed or provided for by this constitution, shall be made in such manner as the general assembly shall direct: Provided, that no such officer shall be elected by the general assembly.
§ 24. The general assembly may authorize the judgments, decrees and decisions of any local inferior court of record, or original, civil or criminal jurisdiction, established in a city, to be removed for revision directly into the supreme court.
§ 25. County judges, clerks, sheriffs, and other county officers, for willful neglect of duty, or misdemeanor in office, shall be liable to presentment or indictment by a grand jury, and trial by a petit jury, and, upon conviction, shall be removed from office.
§ 26. All process, writs, and other proceedings shall run in the name of The people of the State of Illinois. All prosecutions shall be carried on in the name and by the authority of the people of the State of Illinois, and conclude, Against the peace and dignity of the same.
§ 27. There shall be elected in each county in this state, in such districts as the general assembly may direct, by the qualified electors thereof, a competent number of justices of the peace, who shall hold their offices for the term of four years, and until their successors shall have been elected and qualified, and who shall perform such duties, receive such compensation, and exercise such jurisdiction as may be prescribed by law.
§ 28. There shall be elected in each of the judicial circuits of this state, by the qualified electors thereof, one state's attorney, who shall hold his office for the term of four years, and until his successor shall be commissioned and qualified, who shall perform such duties and receive such compensation as may be prescribed by law: Provided, that the general assembly may hereafter provide by law for the election, by the qualified voters of each county in this state, of one county attorney for each county, in lieu of the state's attorneys provided for in this section; the term of office, duties and compensation of which county attorneys shall be regulated by law.
§ 29. The qualified electors of each county in this state shall elect a clerk of the circuit court, who shall hold his office for the term of four years, and until his successor shall have been elected and qualified, who shall perform such duties and receive such compensation as may be prescribed by law. The clerks of the supreme court shall be elected in each division by the qualified electors thereof, for the term of six years, and until their successors shall have been elected and qualified, whose duties and compensation shall be provided by law.
§ 30. The first grand division, for the election of judges of the supreme court, shall consist of the counties of Alexander, Pulaski, Massac, Pope, Hardin, Gallatin, Saline, Williamson, Johnson, Union, Jackson, Randolph, Perry, Franklin, Hamilton, White, Wabash, Edwards. Wayne, Jefferson, Washington, Monroe, Saint Clair, Clinton, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Bond, Madison, Jersey and Calhoun. The second grand division shall consist of the counties of Edgar, Coles, Moultrie, Shelby, Montgomery, Macoupin. Greene, Pike, Adams, Highland, Hancock, McDonough, Schuyler, Brown, Fulton, Mason, Cass, Morgan, Scott, Sangamon, Christian, Macon, Piatt, Champaign, Vermilion, De Witt, Logan, Menard, Cumberland and Clark. The third grand division shall consist of the counties of Henderson, Warren, Knox, Peoria, Tazewell, Woodford, McLean, Livingston, Iroquois, Will, Grundy, Kendall, La Salle, Putnam, Marshall, Stark, Bureau, Henry, Mercer, Rock Island, Whiteside, Lee, Carroll, J 0 Daviess, Stephenson, Winnebago, Ogle, De Kalb, Boone, Kane, McHenry, Lake, Cook and Du Page.
§ 31. The terms of the supreme court for the first division shall be held at Mount Vernon, in Jefferson county; for the second division, at Springfield in Sangamon county; for the third division, at Ottawa, in La Salle county, until some other place in either division is fixed by law.
§ 32. Appeals and writs of error may be taken from the circuit court of any county to the supreme court held in the division which includes such county, or, with the consent of all the parties in the cause, to the supreme court in the next adjoining division. § 33. The foregoing districts may, after the. taking of each census by the state, be altered, if necessary, to equalize the said districts in population; but such alteration shall be made by adding to such district such adjacent county or counties as will make said district nearest equal in population; Provided, no such alteration shall affect the office of any judge then in office.
Article VI. Elections and the Rights of Suffrage
§ 1. In all elections every white male citizen above the age of 21 years, having resided in the state one year next preceding any election, shall be entitled to vote at such election; and every white male inhabitant of the age aforesaid, who may be a resident of the state at the time of the adoption of this constitution, shall have the right of voting as aforesaid; but no such citizen or inhabitant shall be entitled to vote, except in the district or county in which he shall actually reside at the time of such election.
§ 2. All votes shall be given by ballot.
§ 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.
§ 4. No elector shall be obliged to do militia duty on the days of election, except in time of war or public danger. § 5. No elector shall be deemed to have lost his residence in this state by reason of his absence on the business of the United States, or of this state.
§ 6. 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 at any military or naval place within the state.
§ 7. 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 before the election or appointment.
§ 8. The general assembly shall have full power to pass laws excluding from the right of suffrage persons convicted of infamous crimes. § 9. The general elections shall be held on the Tuesday next after the first Monday of November, biennially, until otherwise provided by law.
Article VII. Counties
§ 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 10 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. All territory which has been or may be stricken off by legislative enactment from any organized county or counties, for the purpose of forming a new county, and which shall remain unorganized after the period provided for such organization, shall be and remain a part of the county or counties from which it was originally taken, for all the purposes of county and state government, until otherwise provided by law.
§ 4. 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 country without the consent of a majority of the voters of the county to which it is proposed to be added.
§ 5. No county seat shall be removed until the point to which it is proposed to be removed shall be fixed by law, and a majority of the voters of the county shall have voted in favor of its removal to such point.
§ 6. The general assembly shall provide, by a general law, for a township organization, under which any county may organize whenever a majority of the voters of such county, at any general election, shall so determine; and whenever any county shall adopt a township organization, so much of this constitution as provides for the management of the fiscal concerns of the said county by the county court may be dispensed with and the affairs of said county may be transacted in such manner as the general assembly may provide.
§ 7. There shall be elected in each county in this state, by the qualified electors thereof, a sheriff, who shall hold his office for the term of two years, and until his successor shall have been elected and qualified: Provided, that no person shall be eligible to the said office more than once in four years.
Article VIII. Militia
§ 1. The militia of the state of Illinois shall consist of all free male ablebodied persons (negroes, mulattoes and Indians excepted,) residents of the state, between the ages of 18 and 45 years, except such persons as now are or hereafter may be exempted by the laws of the United States or of this state, and shall be armed, equipped and trained as the general assembly may provide by law.
§ 2. No person or persons conscientiously scrupulous of bearing arms shall be compelled to do militia duty in time of peace, provided such person or persons shall pay an equivalent for such exemption.
§ 3. Company, battallion and regimental officers, staff officers excepted, shall be elected by the persons composing their several companies, battallions, and regiments.
§ 4. Brigadier and major generals shall be elected by the officers of their brigades and divisions, respectively.
§ 5. All militia officers shall be commissioned by the governor, and may hold their commissions for such time as the legislature may provide.
§ 6. The militia shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at musters and election of officers, and in going to and returning from the same.
Article IX. Revenue
§ 1. The general assembly may, whenever they shall deem it necessary, cause to be collected from all able-bodied free white male inhabitants of this state over the age of 21 years and under the age of 60 years, who are entitled to the rights of suffrage, a capitation tax of not less than 50 cents nor more than $1 each. § 2. The general assembly shall provide for levying a tax by valuation, so that every person and corporation shall pay a tax in proportion to the value of his or her 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, toll-bridges and ferries, and persons using and exercising franchises and privileges, in such manner as they shall, from time to time, direct.
§ 3. The property of the state and counties, both real and personal, and such other property as the general assembly may deem necessary for school, religious and charitable purposes, may be exempt from taxation.
§ 4. Hereafter, no purchaser of any land or town lot, at any sale of lands or town lots for taxes due either to this state or any county, or incorporated town or city within the same, or at any sale for taxes or levies authorized by the laws of this state, shall be entitled to a deed for the lands or town lot so purchased until he or she shall have complied with the following conditions, to-wit: Such purchaser shall serve, or cause to be served, a written notice of such purchase on every person in possession of such land or town lot three months before the expiration of the time of redemption on such sale; in which notice he shall state when he purchased the land or town lot, the description of the land or lot he purchased, and when the time of redemption will expire. In like manner he shall serve on the person or persons in whose name or names such land or lot is taxed, a similar written notice, if such person or persons shall reside in the county where such land or lot shall be situated; and in the event that the person. or persons in whose name or names the land or lot is taxed do not reside in the county, such purchaser shall publish such notice in some newspaper printed in such county; and if no newspaper is printed in the county, then in the nearest newspaper that is published in this state to the county in which such lot or land is situated; which notice shall be inserted three times, the last time not less than three months before the time of redemption shall expire: Every such purchaser, by himself or agent, shall, before he shall be entitled to a deed, make an affidavit of his having complied with the conditions of this section, stating particularly the facts relied on as such compliance; which affidavit shall be delivered to the person authorized by law to execute such tax deed, and which shall by him be filed with the officer having custody of the records of lands and lots sold for taxes and entries of redemption in the county where such land or lot shall lie, to be by such officer entered on the records of his office, and carefully preserved among the files of his office; and which record or affidavit shall be prima facie evidence that such notice has been given. Any person swearing falsely in such affidavit shall be deemed guilty of perjury, and punished accordingly. In case any person shall be compelled under this section to publish a notice in a newspaper, then, before any person who may have a right to redeem such land or lot from tax sale shall be permitted to redeem, he or she shall pay the officer or person who by law is authorized to receive such redemption money, the printer's fee for publishing such notice and the expenses of swearing or affirming to the affidavit, and filing the same.
§ 5. The corporate authorities of counties, township, school districts, cities, towns and villages may be vested with power to assess and collect taxes for corporate purposes; such taxes to be uniform in respect to persons and property within the jurisdiction of the body imposing the same. And the general assembly shall require that all the property within the limits of municipal corporations, belonging to individuals, shall be taxed for the payment of debts contracted under authority of law.
§ 6. The specification of the objects and subjects of taxation shall not deprive the general assembly of the power to require other objects or subjects to be taxed, in such manner as may be consistent with the principles of taxation fixed in this constitution.
Article X. Corporations
§ 1. Corporations, not possessing banking powers or privileges, may be formed under general laws, but shall not be created by special acts, except for municipal purposes, and in cases where, in the judgment of the general assembly, the objects of the corporation cannot be attained under general laws.
§ 2. Dues from corporations, not possessing banking powers or privileges, shall be secured by such individual liabilities of the corporators, or other means, as may be prescribed by law.
§ 3. No state bank shall hereafter be created, nor shall the state own or be liable for any stock in any corporation or joint stock association for banking purposes, to be hereafter created.
§ 4. The stockholders in every corporation, or joint stock association for banking purposes, issuing bank notes, or any kind of paper credits to circulate as money, shall be individually responsible, to the amount of their respective share or shares of stock in any such corporation or association, for all its debts or liabilities of every kind.
§ 5. No act of the general assembly, authorizing corporations or associations with banking powers, shall go into effect, or in any manner be in force, unless the same shall be submitted to the people at the general election next succeeding the passage of the same, and be approved by a majority of all the votes cast at such election for and against such law.
§ 6. The general assembly shall encourage internal improvements, by passing liberal general laws of incorporation for that purpose.
Article XI. COMMONS
All lands which have been granted, as a common, to the inhabitants of any town, hamlet, village, or corporation, by any person, body politic or corporate, or by any government having power to make such grant, shall forever remain common to the inhabitants of such town, hamlet, village, or incorporation; but the said commons, or any of them, or any part thereof, may be divided, leased, or granted, in such manner as may hereafter be provided by law, on petition of a majority of the qualified voters interested in such commons, or any of them.
Article XII. Amendments to the Constitution
§ 1. Whenever two-thirds of all the members elected to each branch of the general assembly shall think it necessary to alter or amend this constitution, they shall recommend to the electors, at the next election of members of the general assembly, to vote for or against a convention; and if it shall appear that a majority of all the electors of the state voting for representatives have voted for a convention, the general assembly shall, at their next session, call a convention, to consist of as many members as the house of representatives at the time of making said call, to be chosen in the same manner, at the same place, and by the same electors, in the same districts that chose the members of the house of representatives; and which convention shall meet within three months after the said election, for the purpose of revising, altering, or amending this constitution.
§ 2. Any amendment or amendments to the constitution may be proposed in either branch of the general assembly; and if the same shall be agreed to by two-thirds of all the members elect in each of the two houses, such proposed amendment or amendments shall be referred to the next regular session of the general assembly, and shall be published at least three months previous to the time of holding the next election for members of the house of representatives; and if, at the next regular session of the general assembly after said election, a majority of all the members elect in each branch of the general assembly shall agree to said amendment or amendments, then it shall be their duty to submit the same to the people at the next general election, for their adoption or rejection, in such manner as may be prescribed by law; and if a majority of all the electors voting at such election for members of the house of representatives shall vote for such amendment or amendments, the same shall become a part of the constitution. But the general assembly shall not have power to propose an amendment or amendments to more than one article of the constitution at the same session.
Article XIII. Declaration of Rights
That the general, great and essential principles of liberty and free government may be recognized and unalterably established, we declare:
§ 1. That all men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, and of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness.
§ 2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness.
§ 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience, and that no preference shall ever be given by law to any religious establishments or modes of worship.
§ 4. That no religious test shall ever be required as a qualification to any Office or public trust under this state.
§ 5. That all elections shall be free and equal.
§ 6. That the right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy.
§ 7. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and that general warrants whereby an officer may be commanded to search suspected places without evidence of the fact committed, or to seize any person or persons not named, whose offenses are not particularly described and supported by evidence are dangerous to liberty, and ought not to 'be granted.
§ 8. That no freeman shall be imprisoned or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
§ 9. That in all criminal prosecutions the accused hath a right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his favor; and in prosecutions by indictment or information, to speedy public trial by an impartial jury of the county or district wherein the offense shall have been committed, which county or district shall have been previously ascertained by law, and that he shall not be compelled to give evidence against himself.
§ 10. No person shall be held to answer for a criminal offense unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia, when in actual service in time of war or public danger: Provided, that justices of the peace shall try no person, except as a court of inquiry, for any offense punishable with imprisonment or death, or fine above $100.
§ 11. No person shall, for the same offense, be twice put in jeopardy of his life or limb; nor shall any man's property be taken or applied to public use without the consent of his representatives in the general assembly, nor without just compensation being made to him.
§ 12. Every person within this state ought to find a certain remedy in the laws for all injuries or wrongs which he may receive in his person, property or character; he ought to obtain right and justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws.
§ 13. That all persons shall be bailable by sufficient sureties, unless for capital offenses where the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
§ 14. All penalties shall be proportioned to the nature of the offense; the true design of all punishment being to reform, not to exterminate mankind.
§ 15. No person shall be imprisoned for debt unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law, or in cases where there is strong presumption of fraud.
§ 16. There shall be neither slavery nor involuntary servitude in this state, except as a punishment for crime, whereof the party shall have been duly convicted. § 17. No ex post facto law, nor any law impairing the obligation of contracts, shall ever be made; and no conviction shall work corruption of blood, or forfeiture of estate. § 18. That no person shall be liable to be transported out of this state for any offense committed within the same. § 19. That a frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty. '
§ 20. The military shall be in strict subordination to the civil power.
§ 21. That the people have a right to assemble together in a peaceable manner to consult for their common good, to instruct their representatives, and to apply to the general assembly for redress of grievances.
§ 22. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in manner prescribed by law.
§ 23. The printing presses shall be free to every person who undertakes to examine the proceedings of the general assembly, or of any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write, and print, on any subject, being responsible for the abuse of that liberty.
§ 24. In prosecutions for the publication of papers investigating the official conduct of officers, or of men acting in a public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence, and in all indictments for libels, the jury shall have the right of determining both the law and the fact, under the direction of the court, as in other cases.
§ 25. Any person who shall, after the adoption of this constitution, fight a duel, or send or accept a challenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of holding any office of honor or profit in this state, and shall be punished otherwise, in such manner as is or may be prescribed by law.
§ 26. That from and after the adoption of this constitution, every person who shall be elected or appointed to any office of profit, trust, or emolument, civil or military, legislative, executive or judicial, under the government of this state, shall, before he enters upon the duties of his office, in addition to the oath prescribed in this constitution, take the following oath: I do solemnly swear (or affirm, as the case may be) that I have not fought a duel, nor sent or accepted a challenge to fight a duel, the probable issue of which might have been the death of either party, nor been a second to either party, nor in any manner aided or assisted in such duel, nor been knowingly the bearer of such challenge or acceptance, since the adoption of the constitution; and that I will not be so engaged or concerned, directly or indirectly, in or about any such duel, during my continuance in office. So help me God.
The general assembly shall, at its first session under the amended constitution, pass such laws as will effectually prohibit free persons of color from immigrating to and settling in this state;and to effectually prevent the owners of slaves from bringing them into this state for the purpose of setting them free.
Article XV. Two Mill Tax
There shall be annually assessed and collected, in the same manner as other state revenue may be assessed and collected, a tax of two mills upon each dollar's worth of taxable property, in addition to all other taxes, to be applied as follows, to-wit: The fund so created shall be kept separate, and shall annually, on the first day of January, be apportioned and paid over pro rata upon all such state indebtedness, other than the canal and school indebtedness, as may, for that purpose, be presented by the holders of the same, to be entered as credits upon, and, to that intent, in extinguishment of the principal of said indebtedness.
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:
§ 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 and be as valid as if this constitution had not been adopted.
§ 2. That all fines, penalties and forfeitures due and owing to the state of Illinois under the present constitution and laws, shall inure 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 be tried and punished as though no change had been made in the constitution of the state.
§ 4. That Article XI, entitled Commons, is hereby adopted as a part of the constitution of this state, without being submitted to be voted upon by the people.
§ 5. That at the first election fixed by this constitution for the election of judges, there shall be elected one circuit judge in each of the nine judicial circuits now established in this state.
§ 6. The county commissioners' courts and the probate justices of the several counties shall continue in existence and exercise their present jurisdiction until the county court, provided in this constitution, is organized in pursuance of an act of the general assembly to be passed at its first session.
§ 7. That the clerk of the circuit court, in each county fixed by this constitution as the place for holding the supreme court; except in the county of Sangamon, shall be ex-officio clerk of the supreme court, until the clerks of said court shall be elected and qualified as provided in this constitution, and all laws now in force, in relation to the clerk of the supreme court, shall be applicable to said clerks and their duties.
§ 8. That the sheriffs, state attorneys, and all other officers elected under this constitution, shall perform such duties as shall be prescribed by law.
§ 9. That the oaths of office herein required to be taken may be administered by a justice of the peace until otherwise provided by law.
§ 10. That this constitution shall be submitted to the people for their adoption or rejection, at an election to be held on the first Monday in March, 1848, and there shall also be submitted for adoption or rejection, at the same time, the separate articles in relation to the emigration of colored persons and the public debt.
§ 11. That every person entitled to vote for members of the general assembly, by the constitution and laws now in force, shall, on the first Monday in March, 1848, be entitled to vote for the adoption or rejection of this constitution, and for and against the aforesaid articles separately submitted, and the said qualified electors shall vote in the counties in which they respectively reside, at the usual places of voting, and not elsewhere; and the said election shall be conducted according to the laws now in force in relation to the election of governor so far as applicable, except as herein otherwise provided.
§ 12. That the poll-book to be used at said election shall, as nearly as practicable, be in the following form, to-wit: [Omitted.]
§ 13. That the returns of the votes for the adoption or rejection of this constitution, and for and against the separate articles submitted, shall be made to the secretary of state, within fifty days after the election, and the returns of the votes shall, within five days thereafter, be examined and canvassed by the auditor, treasurer and secretary of state, or any two of them, in the presence of the governor, and proclamation shall be made by the governor forthwith of the result of the polls. If it shall appear that a majority of all the votes polled are for the adoption of this constitution, it shall be the supreme law of the land, from and after the first day of April, 1848, but if it shall appear that a majority of the votes polled were given against the constitution, the same shall be null and void. If it shall further appear that a majority of the votes polled shall have been given for the separate article in relation to colored persons, or the article for the two mill tax, then said article or articles shall be and form a part of this constitution; otherwise said article or articles shall be null and void.
§ 14. That if this constitution shall be ratified by the people, the governor shall forthwith, after having ascertained the fact, issue writs of election to the sheriffs of the several counties in this state, or in case of vacancy to the coroners, for the election of all the officers, the time of whose election is fixed by this constitution or schedule; and it shall be the duty of said sheriffs or coroners to give at least twenty days' notice of the time and place of said election, in the manner now prescribed by law.
§ 15. The general assembly shall, at its first session after the adoption of this constitution, provide by law for the mode of voting by ballot, and also for the manner of returning, canvassing and certifying the number of votes cast at any election; and until said law shall be passed, all elections shall be viva voce, and the laws now in force regulating elections shall continue in force until the general assembly shall provide otherwise, as herein directed.
§ 16. That the first general election of governor, secretary of state, auditor, treasurer and members of the general assembly, and of such other officers as are to be elected at the same time, shall be held on the first Monday of August, 1848, anything in this constitution to the contrary notwithstanding. County officers then elected shall hold their respective offices until their successors are elected or appointed, in conformity with laws hereafter enacted.
§ 17. That returns of the election of justices of the supreme and judges of the circuit courts, secretary of state, auditor and treasurer, shall be made and canvassed as is now provided by law for representatives in congress; and returns for members of the general assembly and county officers shall be made and canvassed as is now provided by law.
§ 18. That 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.
§ 19. On the first Monday in December, 1848, the term of office of judges of the supreme court, state's attorneys, and of the clerks of the supreme and circuit courts, shall expire; and on said day, the term of office of the judges, state's attorneys, and clerks elected under the provisions of this constitution, shall commence. The judges of the supreme court, elected as aforesaid, shall have and exercise the powers and jurisdiction conferred upon the present judges of that court; and the said judges of the circuit court shall have and exercise the powers and jurisdiction conferred upon the judges of those courts, subject to the provisions of this constitution.
§ 20. On the first Monday of December, 1848, jurisdiction of all suits and proceedings then pending in the present supreme court shall become vested in the supreme court established by this constitution, and shall be finally adjudicated by the court where the same may be pending. The jurisdiction of all suits and proceedings then pending in the circuit courts of the several counties shall be vested in the circuit courts of said counties. § 21. The Cook and Jo Daviess county courts shall continue to exist, and the judge and other officers of the same remain in office until otherwise provided by law. § 22. Until otherwise provided by law, the terms of the supreme court shall be held at follows: In the first division, on the first Monday of December, 1848, and annually thereafter. In the second division, on the third Monday of December, 1848, and annually thereafter. In the third division, on the first Monday of February, 1849, and annually thereafter. the sheriffs of Jefferson and LaSalle counties shall perform the same duties and receive the same compensation as is required and provided for the sheriff of Sangamon county, until otherwise provided by law. § 23. Nothing in this constitution shall prevent the general assembly from passing such laws in relation to the apprenticeship of minors, during their minority, as may be necessary and proper. § 24. That the general assembly shall pass all laws necessary to carry into effect the provisions of this constitution.
§ 25. Elections of judges of the supreme and circuit court shall be subject to be contested.
§ 26. Contested elections of judges of the supreme court shall be tried by the senate, and of judges of the circuit court by the supreme court, and the general assembly shall .prescribe the manner of proceeding therein.