§ 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 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 abetter 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 be prescribed by law.

may 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, civi! 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."

ARTICLE XIV.

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.

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.

SCHEDULE.

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 enure 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, ▲, D. 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, A. D. 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 other vise provided.

§12. That the poll-book to be used at said election shall, as nearly as practicable, be in the following form, to wit:

POLL-BOOK of an election held at

precinct, in the county of

on

the first Monday of March, A. D. 1848, for the adoption or rejection of the Constitution and the several articles submitted.

§ 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, A. D. 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 provided 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, eighteen hundred and forty-eight, any thing in this constitution to the contrary notwithstanding. County officers then elected shall hold their respective off

ces 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, one thousand eight hundred and forty-eight, 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 courts 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 in December, cne thousand eight hundred and forty-eight, 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 as follows: In the first division, on the first Monday of December, a. D. 1848, and annually thereafter. In the second division, on the third Monday of December, A. D. 1848, and annually thereafter. In the third division, on the first Monday of February, A. D. 1849, and annually thereafter. The sheriffs of Jefferson and La Salle 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 courts 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.

DONE in convention at the capitol, in the city of Springfield, on the thirty-first day of August, in the year of our Lord one thousand eight hundred and forty-seven, and of the Independence of the United States of America the seventy-second.

LAWS OF 1849.

AN ACT making partial appropriations for defraying the expenses of this general assembly.

warrants.

SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the auditor of public ac- Auditor to draw counts be and he is hereby required to draw warrants on the treasury for the sum of fifty dollars to each member of the senate To members and and house of represestatives, and warrants for a like sum to the officers. speaker of each house, the secretary and assistant secretary of the senate, the clerk and assistant clerk of the house of representatives, the enrolling and engrossing clerk of each house, each of the doorkeepers and assistant doorkeepers, and the sum of thirty dollars to the copyists of the journals of each house, as also the sum of seventy-four dollars to Ex-Lieutenant Governor Wells, for his To Gov. Well. services as speaker of the senate during the present session.

§ 2. That any money now in the treasury, or which may be received into the treasury previous to the 1st of March, 1849, and not otherwise appropriated by law, shall be applied to the payment of the current expenses of the present session.

§ 2. This act to be in force from and after its passage. APPROVED January 11, 1843.

AN ACT making appropriations for the pay of the members and officers of the general assembly, and for the salaries of the officers of the government, until the adjournment of the next regular session.

SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the following appropriations be and the same are hereby made to the members and officers of the general assembly, and for the salaries of the officers of the government, until the adjournment of the next regular session thereof; it being understood and intended that the appropriations hereinafter mentioned, shall extend to the next regular session of the general assembly, as well as to the present:

1. To the speaker of the senate and of the house of representa- To speakers. tives, each, the sum of three dollars per day for the first forty-two