2.
A constitution for this state, was adopted in convention held at
Kaskaskia, on the 26th day of August, 1818, which continued in force
until the first day of April; 1848. A convention to revise the
constitution assembled at Springfield, June 7, 1847, in pursuance of an
act of the general assembly of the state of Illinois, entitled "An act
to provide for the call of a convention: On the first day of August,
1848, this convention adopted a constitution of the state of Illinois,
and by the 13th section of the schedule thereof it provided that this
constitution shall be the supreme law of the land from and after the
first day of April, A. D. 1848.
3.
It will be proper to consider, 1. The rights of citizens to vote at
elections. 2. The distribution of the powers of government.
4.
- 1. The sixth article directs that, 1. In all elections, every white
male citizen above the age of twenty-one years, having resided in the
state one year next preceding any election, shall be entitled to vote at
such election; and every white male inhabitant of the age aforesaid,
who may be a resident of the state' at the time of the adoption of this
constitution, shall have the right of voting as aforesaid; but no such
citizen or inhabitant shall be entititled to vote, except in the
district or county in which he Shall actually reside lit the time of
such election.
2. All votes shall be given by ballot.
5. No elector loses his residence in the state by reason of his absence on business of the United States, or this state.
6.
No soldier, seaman or mariner of the United States, is deemed a
resident of the state, in consequence of being stationed within the
state.
5. The second article distributes the powers of the government as follows:
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. These will be separately
considered.
6.
The legislative department will be considered by taking a view, 1. Of
those parts of the constitution which relate to the general assembly. 2.
Of the senate. 3. Of the house of representatives.
7. - 1st. Of the general assembly. The third article of the constitution provides as follows
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.
7.
No person elected to the general sembly shall receive any civil
appointment within this state, or to the senate of the United States,
from the governor, 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.
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 own 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
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 behaviour, 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 on the
question.
16.
When vacancies shall happen in either house, the govenor, 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 privileged from arrest during the
session of the general assembly, and in going to 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 imprisonment during its session, any person,
not a member, who shall be guilty of disrespect to the house, by any
disorderly or contemptuous behaviour 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
open, 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.
8.
- 2d Of the senate. The senate will be considered by taking a view of,
1. The qualification of senators. 2. Their election. 3. By whom elected.
4. When elected. 5. Number of senators. 6. The duration of their
office.
9.
First. Art. 3, s. 4, of the Constitution, directs that "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 Iimits 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."
10.
Secondly. 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. Art. 31 s. 5.
11. Thirdly. The senators are elected by the people.
12.
Fourthly. The first election shall be held on the Tuesday after the
first Monday in November, 1848; and thereafter the elections shall be on
the Tuesday after the first Monday in November, once in two years. Art.
3, s. 2.
13.
Fifthly. 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.
Art. 3, s. 6.
14.
Sixthly. 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. Art. 3, s. 5.
15.
- 3. The house of representatives. This will be considered in the same
order which has been observed in relation to the senate.
16.
First. No person shall be a representative who shall not have attained
the age 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. Art. 3, s. 3.
17. Secondly. They are elected biennially.
18. Thirdly. Representatives are elected by the people.
19. Fourthly. Representatives are elected at the same time that senators are elected.
20. Fifthly. The house of representatives shall consist of seventy-five members. See ante, No. 16.
21. Sixthly. Their office continues for two years.
22.
- 2. The executive department. The executive power is vested in a
governor. Art. 4, s. 1. It will be proper to consider, 1. His
qualifications. 2. His election: 3. The duration of his office. 4. His
authority and duty.
23.
First. No person except a citizen of the United States shall be
eligible to the office of governor, nor shall any person be eligible to
that office who shall not have attained the age of thirty-five years,
and been ten years a resident of this state; and fourteen years a
citizen of the United States. Art. 4 s. 4.
24.
Secondly. His election is to be on the Tuesday next after the first
Monday in November. The first election in 1848, and every fourth year
afterwards.
25.
Thirdly. He remains in office for four years. The first governor is to
be installed on the first Monday of January, 1849, and the others every
fourth; year thereafter.
26.
Fourthly. His authority and duty. He may give information and recommend
measures to the legislature, grant reprieves, commutations and pardons,
except in cases of treason and impeachment, but in these cases he may
suspend execution of the sentence until the meeting of the legislature -
require information from the officers of the executive department, and
take care that the laws be faithfully executed - on extraordinary
occasions, convene the general assembly by proclamation be
commander-in-chief of the army and navy of the state, except when they
shall be called into the service of the United States - nominate, and,
by and with the consent and advice of the senate, appoint all officers
whose offices are established by the constitution, or which may be
created by law, and whose appointments - are not otherwise provided for -
in case of disagreement between the two houses with respect to the time
of adjournment, adjourn the general assembly to such time as he thinks
proper, provided it be not to a period beyond a constitutional meeting
of the same. Art. 4. He has also the veto power.
27.
A lieutenant governor shall be chosen at every election of governor, in
the same manner, continue in office for the same time, and possess the
same qualifications. In voting for governor and lieutenant governor, the
electors shall distinguish whom they vote for as governor, and whom as
lieutenant-governor. Art. 4, s. 14. The following are his principal
powers and duties
15.
The lieutenant governor shall, by virtue of his office, be speaker of
the senate, have a right, when in committee of the whole, to debate and
vote on all subjects, and, whenever the senate are equally divided, to
give the casting vote.
16.
Whenever the government shall be administered by the lieutenant-
governor, or he shall be unable to attend as speaker of the senate, the
senators shall elect one of their own, number as speaker for that
occasion; and if, during the vacancy of the office of governor, the
lieutenant governor shall be impeached, removed from his office, refuse
to qualify, or resign, or die, or be absent from the state, the speaker
of the senate shall, in like manner, administer the government.
17.
The lieutenant governor, while he acts as speaker of the senate, shall
receive for his service the same compensation which, shall, for the same
period, be allowed to the speaker of the house of representatives, and
no more.
18.
If the lieutenant governor shall be called upon to administer the
government, and shall, while in such administration, resign, die, or be
absent from the state, during the recess of the general assembly, it
shall be the duty of the secretary of state, for the time being, to
convene the senate for the purpose of choosing a speaker.
19.
In case of the impeachment of the governor, his absence from the,
state, or inability to discharge the duties of his office, the powers,
duties, and emoluments of the office shall devolve upon the lieutenant
governor and in case of his death, resignation, or removal, then upon
the speaker of the senate for the time being, until the governor, absent
or impeached, shall return or be acquitted; or until the
disqualification or inability shall cease; or until a new governor shall
be elected and qualified.
20.
In case of a vacancy in the office of governor, for any other cause
than those herein enumerated, or in case of the death of the governor
elect before he is qualified, the powers, duties, and emoluments of the
office devolve upon the lieutenant governor, or speaker of the senate,
as above provided, until a new governor be elected and qualified.
28.
- 3. The judiciary department. The judicial power is vested in one
supreme court, in circuit courts, in county courts, and in justices of
the peace; but inferior local courts, of civil and criminal
jurisdiction, may be established by the general assembly in the cities
of the state but such courts shall have a uniform organization and
jurisdiction in such cities. Art. 5, s. 1. These will be separately
considered.
29.
- 1st. Of the supreme court, its organization and jurisdiction. 1. Of
its organization. 1st. The judges must be citizens of the United States;
have resided in the state five years previous to their respective
elections; and two years next preceding their election in the division,
circuit, or county in which they shall respectively be elected; and not
be less than thirty-five years of age at the time of their election. 2d.
The judges are elected each one in a particular district, by the
people. But the legislature may change the mode of election. 3d. The
supreme court consists of a chief justice and three associates, any two
of whom form a quorum; and a concurrence of two of said judges is
necessary to a decision. 4th. They hold their office for nine years.
After the first election, the judges are to draw by lot, and one is to
go out of office in three, one in six, and the other in nine years. And
one judge is to be elected every third year. 2. Of thejurisdiction of
the supreme court. This court has original jurisdiction in cases
relative to the, revenue, in cases of mandamus, habeas corpus, and in
such cases of impeachment as may be by law directed to be tried before
it, and it has appellate jurisdiction in all other cases.
30.
- 2d. Of the circuit courts, their organization and jurisdiction. 1st.
Of their organization. The state is divided into nine judicial
districts, in each of which a circuit judge, having the same
qualifications as the supreme judges, except that he may be appointed at
the age of thirty years, is elected by the qualified electors, who
holds his office for six years and until his successor shall be
commissioned and qualified; but the legislature may increase the number
of circuits. 2d. Of their jurisdiction. The circuit courts have
jurisdiction in all cases at law and equity, and in all cases of appeals
from all inferior courts.
31.
- 3d. Of the county courts. There is in each county a court to be
called a county court. It is composed of one judge, elected by the
people, who holds his office for four years. Its jurisdiction extends to
all probate and such other jurisdiction as the general assembly may
confer in civil cases, and in such criminal eases as may be prescribed
by law, when the punishment is by fine only, not exeeeding one hundred
dollars. The county judge, with such justices of the peace in each
county as may be designated by law, shall hold terms for the transaction
of county business, and shall perform such other duties as the general
assembly shall prescribe; Provided, the general assembly may require
that two justices, to be chosen by the qualified electors of each
county, shall sit with the county judge in all cases; and there shall be
elected, quadrennially, in each county, a clerk of the county court,
who shall be ex officio recorder, whose compensation shall be fees;
Provided, the general assembly may, by law, make the clerk of the
circuit court ex officio recorder, in lieu of the county clerk.
32.
- 4th. Of justices of the peace. There shall be elected in each county
in this state, in such districts as the general assembly may direct, by
the qualified electors thereof, a competent number of justices of the
peace, who shall hold their offices for the term of four years, and
until their successors shall have been elected and qualified, and who
shall perform such duties, receive such compensation, and exercise such
jurisdiction as may be prescribed by law.
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