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shall be the duty of the secretary for the time being to convene the senate for the purpose of choosing a speaker.
18. In case of an impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or absence from the state, the lieutenant-governor shall exercise all the power and authority appertaining to the office of governor, until the time pointed out by this constitution for the election of governor shall arrive, unless the general assembly shall provide by law for the election of a governor to fill such vacancy.
19. The governor, for the time being, and the judges of the supreme court, or a major part of them, together with the governor, shall be and are hereby constituted a council to revise all bills about to be passed into laws by the general assembly; and for that purpose shall assemble themselves from time to time when the general assembly shall be convened ; for which, nevertheless, they shall not receive any salary or consideration, under any pretence whatever; and all bills which have passed the senate and house of representatives, shall, before they become laws, be presented to the said council for their revisal and consideration; and if upon such revisal and consideration, it should appear improper to the said council, or a majority of them, that the bill should become a law of this state, they shall return the same, together with their objections thereto, in writing, to the senate or house of representatives, (in whichsoever the same shall have originated,) who shall enter the objections set down by the council, at large, in their minutes, and proceed to reconsider the said bill. But if, after such reconsideration, the said senate or house of representatives shall, notwithstanding the said objections, agree to pass the same, by a majority of the whole number of members elected, it shall, together with the said objections, be sent to the other branch of the general assembly, where it shall also be reconsidered ; and if approved by a majority of all the members elected, it shall become a law. If any bill shall not be returned within ten days after it shall have been presented, the same shall be law; unless the general assembly shall, by their adjournment, render a return of the said bill, in ten days, impracticable; in which case the said bill shall be returned on the first day of the meeting of the general assembly after the expiration of the said ten days, or be a law.
20. The governor shall nominate, and, by and with the advice and consent of the senate, appoint a secretary of state, 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.
21. The state treasurer, and public printer or printers for the state, shall be appointed biennially, by the joint vote of both branches of the general assembly : Provided, that during the recess of the same, the governor shall have power to fill such vacancies as may happen in either of said offices.
22. The governor shall nominate, and, by and with the advice and consent of the senate, appoint, all officers, whose offices are established by this constitution, or shall be established by law, and whose appointments are not herein otherwise provided for: Provided, however, that inspectors, collectors, and their deputies, surveyors of the highways, con
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 ono thousand eight hundred and twenty-four.
4. The justices of the supreme court, and the judges of the inferior 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.
5. The judges of the inferior courts shall hold their offices during good behaviour, but for any reasonable cause, which shall not be sufficient 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 mem. ber 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 su 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 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 hun. dred 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 circuit 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 Illinois," 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.
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 inulatto 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.
§ 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 con. vention, 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
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.
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 eve: 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 con tracts, 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