CONSTITUTION

OF THE

ORD LIBRAR

STATE OF ILLINOIS.

DOPTED BY THE CONVENTION AUGUST 31, 1847, RATIFIED BY VOTE OF THE PEOPLE MARCH 6, 1848, AND IN FORCE FROM AND AFTER APRIL 1, 1848.

PREAMBLE.

We the PEOPLE of the state of Illinois-grateful to ALMIGHTY GOD for the civil, political and religious liberty which He hath so long permitted us to enjoy, and looking to HIM for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations-in order to form a more perfect government, establish justice, insure domestic tranquility, provide for the common defence, 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.

SECTION 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 forty-two degrees and thirty minutes; thence west to the middle of the Mississippi river, and thence down, along the middle of that river, to its confluence with the Ohio river; and thence up the latter river, along its 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 hereafter 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 persons, 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.

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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, one thousand eight hundred and forty-eight; 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.

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§ 3. No person shall be a representative who shall not have attained the of twenty-five years; who shall not be a citizen of the United States, and three years an inhabitant of this state'; who shall not have resided within the limits of the county or district in which he shall be chosen twelve months next preceding his election, if such county or district shall have been so long erected; but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the public business of the United States, or of this state; and who, moreover, shall not have paid a state or county tax.

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§ 4. No person shall be a senator who shall not have attained the age of thirty 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.

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§ 6. The senate shall consist of twenty-five members, and the house of representatives shall consist of seventy-five members, until the population of the state shall amount to one million of souls, when five members may be added to the house, and five additional members for every five hundred thousand inhabitants thereafter, until the whole number of representatives shall amount to one hundred; 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.

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§ 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 ernor, 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.

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§ 8. In the year one thousand eight hundred and fifty-five, and every tenth year thereafter, an enumeration of the inhabitants of this state shall be made, in such manner as shall be directed by law; and in the year eighteen hundred and fifty, and every tenth 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 representatives 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, one thousand eight hundred and forty-nine; 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 election 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 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 upon 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 priviledged from arrest during the session of the general assembly, and in going 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 inprisonment 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 twenty-four hours.

§ 19. The doors of each house, and of committees of the whole, shall be kept pen, 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 a 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 sixty days from the end of the session at which the same may be passed, unless in case of emergency the general assembly shall otherwise

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§ 24. The sum of two dollars per day, for the first forty-two day's atten dance, and one dollar per day, for each day's attendance thereafter, and ten 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 a compensation for their services, and no more. The speaker of the house of representatives shall be allowed the sum of one dollar per day, in addition to his diem as a member.

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§ 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 journal, 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 moneys 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 the 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 represensatives shall have the sole power of impeaching; but a majority of all the 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 twothirds 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

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CONSTITUTION.

e under the United States or of this state-provided that appointments in militia, or justices of the peace, shall not be considered lucrative officesell have a seat in the general assembly; nor shall any person, holding any e of honor or profit under the government of the United States, hold any ce of honor or profit under the authority of this state.

e 30. Every person who shall be chosen or appointed to any office of trust or fit shall, before entering upon the duties thereof, take an oath to support the stitution 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 priege of electing, or being elected, any person convicted of bribery, perjury, other infamous crime.

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32. The general assembly shall have no power to grant divorces, but may horize the courts of justice to grant them for such cause as may be specified law: Provided, that such laws be general and uniform in their operation. 33. The general assembly shall never grant or authorize extra compensato any public officer, agent, servant, or contractor, after the service shall re been rendered, or the contract entered into.

34. The general assembly shall direct by law in what manner suits may be ught against the state.

35. The general assembly shall have no power to authorize lotteries for y purpose, nor to revive or extend the charter of the State Bank, or the charof any other bank heretofore existing in this state, and shall pass laws to d ohibit the sale of lottery tickets in this state.

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§ 36. The general assembly shall have no power to authorize, by private or ecial law, the sale of any lands or other real estate belonging in whole or in rt to any individual or individuals.

§ 37. Each general assembly shall provide for all the appropriations necesry for the ordinary and contingent expenses of the government until the adurnment of the next regular session, the aggregate amount of which shall not increased without a vote of two-thirds of each house, nor exceed the amount revenue authorized by law to be raised in such time: Provided, the state may, meet casual deficits or failures in revenues, contract debts never to exceed in de aggregate fifty thousand dollars; and the moneys thus borrowed shall be plied to the purpose for which they were obtained, or to re-pay the debt thus ade, and to no other purpose; and no other debt, except for the purpose of pelling invasion, suppressing insurrection, or defending the state in war, (for yment of which the faith of the state shall be pledged,) shall be contracted, less the law authorizing the same shall, at a general election, have been subitted to the people, and have received a majority of all the votes cast for memrs of the general assembly at such election. The general assembly shall prode for the publication of said law for three months at least before the vote of e people shall be taken upon the same; and provision shall be made, at the me, for the payment of the interest annually, as it shall accrue, by a tax levied or the purpose, or from other sources of revenue; which law, providing for he payment of such interest by such tax, shall be irrepealable until such debt e paid; And provided further, that the law levying the tax shall be submitted the people with the law authorizing the debt to be contracted.

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§ 38. The credit of the state shall not, in any manner, be given to, or in aid f, any individual, association, or corporation.

§39. The general assembly shall provide by law that the fuel and stationery arnished for the use of the state, the copying, printing, binding, and distriuting the laws and journals, and all other printing ordered by the general ssembly, 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, ither directly or indirectly, in any such contract: Provided, that the general sembly may fix a maximum price.