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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 territo rial 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 terrie tory, 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
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 uperseded 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, urstil the general assembly shall other wise direct.
8. Until the first census shall be taken, as directed by this constitution, the county of Madison shall be entitled to one senator and three representatives; the county of St. Clair to one senator and three representatives; the county of Bond to one senator and one representative; the county of Washington to one senator and one representative; the county of Monroe to one senator and one representative; the county of Randolph to one senator and two representatives; the county of Jackson to one senator and one representative; the counties of Johnson and Franklin to form one senatorial district, and to be entitled to one senator, and each county to one representative; the county of Union to one senator and two representatives; the county of Pope to one senator and two representatives; the county of Gallatin to one senator and three representatives ; the county of White to one senator and three representatives; the county of Edwards to one senator and two representatives; and the county of Crawford to one senator and two representatives.
9. The president of the convention shall issue writs of election, directed to the several sheriffs of the several counties, or in case of the absence or disability of any sheriff, then to the deputy-sheriff, and in case of the absence or disability of the deputy-sheriff, then such writ to be directed to the coro, ver, requiring them to cause an election to be held for governor, lieutenant governor, representative to the present congress of the United States, and members of the general assembly, and sheriffs and coroners in the respective counties : such election to commence on the third Tuesday of September next, and to continue for that and the two succeeding days; and which election shall be conducted in the manner prescribed by the existing election laws of the Illinois territory; and the said governor, lieutenant-governor, members of the general assembly, sheriffs, and coroners, then duly elected, shall continue to exercise the duties of their respective offices for the time prescribed by this constitution, and until their successor or successors are qualified, and no longer.
10. An auditor of public accounts, an attorney-general, and such other officers for the state as may be necessary, may be appointed by the general assembly, whose duties may be regulated by law.
11. It shall be the duty of the general assembly to enact such laws as may be necessary and proper to prevent the practice of duelling.
i2. All white male inhabitants above the age of twenty-one years, who shall be actual residents of this state at the signing of this constitution, shall have a right to a vote at the election to be held on the third Thursday, and the two following days, of September next.
13. The seat of government for the state shall be at Kaskaskia until the general assembly shall otherwise provide. The general assembly, at their first session holden under the authority of this constitution, shall petition the congress of the United States to grant to this state a quantity of land, to consist of not more than four nor less than one section, or to give to this state the right of pre-emption in the purchase of the said quantity of land. The said land to be situate on the Kaskaskia river, and, as near as may be, east of the third principal meridian on said, river. Should the prayer of such petition be granted, the general assembly, at their next session thereafter, shall provide for the appointment of five commissioners to make the selection of said land so granted; and shall further provide for laying out a town upon the land so selected; which town, so laid out, shall be the seat of government of this state for the
term of twenty years. Should, howefer, the prayer of said petition not be granted, the general assembly shall have power to make such provision for a permanent seat of government as may be necessary, and shall fix the same where they may think best.
14. Any person of thirty years of age, who is a citizen of the United States, and has resided within the limits of this state two years next preceding his election, shall be eligible to the office of lieutenant-governor, any thing in the thirteenth section of the third article of this constitution contained, to the contrary notwithstanding. Done in convention, at Kaskaskia, the twenty-sixth day of August,
in the year of our Lord one thousand eight hundred and eighteen, and of the independence of the United States of America the forty.
third. In testimony whereof, we have hereunto subscribed our names.
JESSE B. THOMAS,
President of the Convention.
James Hall, jr.
Ed. N. Cullom,
Secretary of the Convention.
WHEREAS the congress of the United States, in the act, entitled “An act to enable the people of the Illinois territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states, passed the 18th of April, 1818,” have offered to this convention, for their free acceptance, or rejection, the following propositions, which, if accepted by the convention, are to be obligatory upon the United States, viz:
“1st. That section numbered sixteen, in every township, and when such section has been sold, or otherwise disposed of, other lands, equivalent thereto, and as contiguous as may be, shall be granted to the
state, for the use of the inhabitants of such' township, for the use of schools.
“ 2d. That all salt springs within such state, and the lands, reserved for the use of the same, shall be granted to the said state for the use of the said state, and the same to be used under such terms, and conditions, and regulations, as the legislature of said state shall direct, provided the legislature shall never sell nor lease the same for a longer period than ten years at any one time.
“ 3d. That five per cent of the nett proceeds of the land lying within such state, which shall be sold by congress from and after the first day of January, one thousand eight hundred and nineteen, after deducting all expenses incident to the same, shall be reserved for the purposes following, viz. Two-fifths to be disbursed under the direction of congress, in making roads leading to the state, the residue to be appropriated by the legislature of the state for the encouragement of learning ; of which one-sixth part shall be exclusively bestowed on a college or university.
“ 4th. That thirty-six sections, or one entire township, which shall be designated by the President of the United States, together with the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said state, to be appropriated solely to the use of such seminary, by the said legislature.
And whereas the four foregoing propositions are offered on the condition that this convention shall provide, by ordinance, irrevocable without the consent of the United States, that every and each tract of land sold by the United States from and after the first day of January, one thousand eight hundred and nineteen, shall remain exempt from any tax laid by order or under the authority of the state, whether for state, county, or township, or any other purpose whatever, for the term of five years, from and after the day of sale. And further, that the bounty lands granted, or hereafter to be granted, for military services, during the late war, shall, while they continue to be held by the patentees, or their heirs, remain exempt, as aforesaid, from all taxes, for the term of three years, from and after the date of the patents respectively. And that all the lands belonging to the citizens of the United States, residing without the said state, shall never be taxed higher than lands belonging to persons residing therein.
Therefore, this convention, on behalf of, and by the authority of the people of the state, do accept of the foregoing propositions; and do further ordain and declare, that every and each tract of land sold by the United States, from and after the first day of January, one thousand eight hundred and nineteen, shall remain exempt from any tax laid by order or under any authority of the state, whether for state, county, or township, or any purpose whatever, for the term of five years from and after the day of sale. And that the bounty lands grar or hereafter to be granted, for military services, during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt, as aforesaid, from all taxes, for the term of three years from and after the date of the patents respectively; and that all the lands belonging to the citizens of the United States, residing without the said state, shall never be taxed higher than lands belonging to persons residing therein.
And this convention do further ordain and declare, that the foregoing
year of our Lord 1818, and of the independence of the United
JESSE B. THOMAS,
President of the Convention. Attest, WM. C. GREENUP,
Secretary to the Convention.
CONSTITUTION OF ALABAMA.
We, the people of the Alabama Territory, having the right of admission into the general government, as a member of the Union, consistent with the constitution of the United States, by our representatives assembled in convention at the town of Huntsville, on Monday the fifth day of July, one thousand eight hundred and nineteen, in pursuance of an act of congress, entitled "An act to enable the people of the Alabama territory to form a constitution and state government, and for the admis. sion of such state into the Union, on an equal footing with the original states :" in order to establish justice, insure tranquillity, provide for the common defence, promote the general welfare, and secure to ourselves and our posterity the rights of life, liberty, and property, do ordain and establish the following constitution, or form of government; and do mutually agree with each other to form ourselves into a free and independent state, by the name of “the State of Alabama.” And we do hereby recognise, confirm, and establish the boundaries assigned to said state by the act of congress aforesaid, “ to wit: beginning at the point where the thirty-first degree of north latitude intersects the Perdido river, thence, east, to the western boundary line of the state of Georgia ; thence, along said line, to the southern boundary line of the state of Tennessee ; thence, west, along said boundary line, to the Tennessee river; thence up the same to the mouth of Bear creek; thence, by a direct line, to the north-west corner of Washington county ; thence, due south, to the Gulf of Mexico; thence eastwardly, including all islands within six leagues of the shore, to the Perdido river: and thence up the same, to the beginning”—subject to such alteration as is provided in the third section of said act of congress, and subject to such enlargement as may be made by law in consequence of any cession of territory by the United States, or either of them.