stables, jailers, and such inferior officers whose jurisdiction may be con fined within the limits of the county, shall be appointed in such manner as the general assembly shall prescribe.

ARTICLE 4.

§ 1. The judicial power of this state shall be vested in one supreme court, and such inferior courts as the general assembly shall from time to time ordain and establish.

2. The supreme court shall be holden at the seat of government, and shall have an appellate jurisdiction only, except in cases relating to the revenue, in cases of mandamus, and in such cases of impeachment as may be required to be tried before it.

3. The supreme court shall consist of a chief-justice, and three associates, any two of whom shall form a quorum. The number of justices may, however, be increased, by the general assembly, after the year one thousand eight hundred and twenty-four.

4. The justices of the supreme court, and the judges of the inferio courts, shall be appointed by joint ballot of both branches of the general assembly, and commissioned by the governor, and shall hold their offices during good behaviour, until the end of the first session of the general assembly, which shall be begun and held after the first day of January, in the year of our Lord one thousand eight hundred and twenty-four, at which time their commissions shall expire and until the expiration of which time, the said justices respectively shall hold circuit courts in the several counties, in such manner, and at such times, and shall have and exercise such jurisdiction as the general assembly shall by law prescribe. But ever after the aforesaid period, the justices of the supreme court shall be commissioned during good behaviour, and the justices thereof shall not hold circuit courts, unless required by law.

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5. The judges of the inferior courts shall hold their offices during good behaviour, but for any reasonable cause, which shall not be suffi cient ground for impeachment, both the judges of the supreme and infe rior courts shall be removed from office, on the address of two-thirds of each branch of the general assembly: Provided, always, that no member of either house of the general assembly, nor any person connected with a member by consanguinity or affinity, shall be appointed to fill the vacancy occasioned by such removal. The said justices of the st. preme court, during their temporary appointments, shall receive an an nual salary of one thousand dollars, payable quarter-yearly out of the public treasury. The judges of the inferior courts, and the justices of the supreme court, who may be appointed after the end of the first ses sion of the general assembly, which shall be begun and held after the first day of January, in the year of our Lord one thousand eight hundred and twenty-four, shall have adequate and competent salaries, which shall not be diminished during their continuance in office.

6. The supreme court, or a majority of the justices thereof, the cir cuit courts, or the justices thereof, shall respectively appoint their own clerks.

7. 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 Illi nois," and conclude "against the peace and dignity of the state."

8. A competent number of justices of the peace shall be appointed in each county, in such manner as the general assembly may direct, whose time of service, power, and duties, shall be regulated and defined by law. And justices of the peace, when so appointed, shall be commissioned by the governor.

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ARTICLE 5.

§ 1. The militia of the state of Illinois shall consist of all free male able-bodied persons, (negroes, mulattoes, and Indians, excepted,) resident in the state, between the ages of eighteen and forty-five 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, battalion, and regimental officers, staff officers excepted, shall be elected by the persons composing their several companies, battalions, and regiments.

4. Brigadiers and majors-general 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 during good behaviour, or until they arrive at the age of 60 years.

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 elections of officers, and in going to and returning from the same.

ARTICLE 6.

§ 1. Neither slavery nor involuntary servitude shall hereafter be introduced into this state, otherwise than for the punishment of crimes whereof the party shall have been duly convicted; nor shall any male person, arrived at the age of twenty-one years, nor female person arrived at the age of eighteen years, be held to serve any person as a servant, under any indenture hereafter made, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona fide consideration, received, or to be received, for their service. Nor shall any indenture of any negro or mulatto hereafter made and executed out of this state, or, if made in this state, where the term of service exceeds one year, be of the least validity, except those given in cases of apprenticeship.

2. No person bound to labour in any other state, shall be hired to labour in this state, except within the tract reserved for the salt works, near Shawneetown; nor even at that place for a longer period than one year at any one time: nor shall it be allowed there after the year one thousand eight hundred and twenty-five; any violation of this article shall effect the emancipation of such person from his obligation to service. 3. Each and every person who has been bound to service by contract or indenture, in virtue of the laws of the Illinois territory, heretofore existing, and in conformity to the provisions of the same, without fraud or collusion, shall be held to a specific performance of their contracts or indentures; and such negroes and mulattoes as have been registered, in conformity with the aforesaid laws, shall serve out the time appointed

by such laws: Provided, however, that the children hereafter born of such persons, negroes, or mulattoes, shall become free, the males at the age of twenty-one years, the females at the age of eighteen years. Each and every child born of indentured parents shall be entered with the clerk of the county in which they reside, by their owners, within six months after the birth of said child.

ARTICLE 7.

§ 1. Whenever two-thirds 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 citizens 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 there may be in the general assembly, to be chosen in the same manner, at the same place, and by the same electors that choose the general assembly, and which convention shall meet within three months after the said election, for the purpose of revising, altering, or amending this constitution.

ARTICLE 8.

That the general, great, and essential principles of liberty and free government may be recognised 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 happi

ness.

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 elections shall be free and equal.

6. That the right of the trial by jury shall remain inviolate

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 offences 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. And 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 for ever remain common to the inhabitants of such town, hamlet, village, or corporation: and the said commons shall not be leased, sold, or divided, under any pretence whatever: Provided, however, that nothing in this section shall be so construed as to affect the commons of Cahokia or Prairie Dupont: Provided, also, that the general assembly shall have power and authority to grant the same privilege to the inhabitants of the said villages of Cahokia and Prairie Dupont as are hereby granted to the inhabitants of other towns, hamlets, and villages.

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 favour; and, in prosecutions by indictment or information, a speedy public trial by an impartial jury of the vicinage: and that he shall not be compelled to give evidence against himself.

10. That no person shall, for any indictable offence, be proceeded against criminally, by information, except in cases arising in the land or naval forces, or the militia when in actual service, in time of war or public danger, by leave of the courts, for oppression or misdemeanour in office.

11. No person shall, for the same offence, 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 offences, 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 offence; the true design of all punishments being to reform, and 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. No ex post facto law, nor any law impairing the validity of contracts, shall ever be made; and no conviction shall work corruption of blood or forfeiture of estate.

17. That no person shall be liable to be transported out of this state for any offence committed within the same,

18. That a frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty. 19. 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.

20. That the mode of levying a tax shall be by valuation; so that every person shall pay a tax in proportion to the value of the property he or she has in his or her possession.

21. That there shall be no other banks or moneyed institutions in this state but those already provided by law, except a state bank and its branches, which may be established and regulated by the general assembly of the state, as they may think proper.

22. 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, or print on any subject, being responsible for the abuse of that liberty.

23. In prosecutions for the publication of papers investigating the official conduct of officers or men acting in a political capacity, or where 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.

SCHEDULE.

§ 1. That no inconveniences may arise from the change of a territorial to a permanent state government, it is declared by the convention, that all rights, suits, actions, prosecutions, claims, and contracts, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this government, in virtue of the laws now in force.

2. All fines, penalties, and forfeitures, due and owing to the territory of Illinois, shall inure to the use of the state. All bonds executed to the governor, or to any other officer in his official capacity in the territory, shall pass over to the governor, or to the officers of the state, and their successors in office, for the use of the state, by him or by them to be respectively assigned over to the use of those concerned, as the case may be.

3. No sheriff, or collector of public moneys, shall be eligible to any office in this state, until they have paid over, according to law, all moneys which they may have collected by virtue of their respective offices.

4. There shall be elected in each county three county commissioners, for the purpose of transacting all county business, whose time of service, power, and duties, shall be regulated and defined by law.

5. The governor, secretary, and judges, and all other officers under the territorial government, shall continue in the exercise of the duties of their respective departments, until the said officers are superseded under the authority of this constitution.

6. The governor of this state shall make use of his private seal, until a state seal shall be provided.

7. The oaths of office herein directed to be taken, may be adminis tered by any justice of the peace, until the general assembly shall other wise direct.