illinois constitution 1848

Illinois Constitution of 1848. trends. The property of the state and counties, both real and personal, and such other property as the general assembly may deem necessary for school, religious and charitable purposes, may be exempt from taxation. 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 happiness. That the sheriffs, state attorneys, and all other officers elected under this constitution, shall perform such duties as shall be prescribed by law. Every person who shall be chosen or appointed to any office of trust or profit shall, before entering upon the duties thereof, take an oath to support the constitution of the United States, and of this state, and also an oath of office. The 1870 Constitution … Every bill which shall have passed the senate and house of representatives shall, before it becomes a law, be presented to the governor; if he approve, he shall sign it: but if not, he shall return it, with his objections, to the house in which it shall have originated; and the said house shall enter the objections at large on their journal, and proceed to reconsider it. What is the North geographic boundary of Illinois? The judge having the longest term to serve shall be the first chief justice; after which the judge having the oldest commission shall be chief justice. § 33. This enlarged Supreme Court was reassigned to Circuit Court duties and this system remained unchanged until 1848 when the second Illinois Constitution was adopted. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the general assembly at its next meeting, when the general assembly shall pardon the convict, commute the sentence, direct the execution thereof, or grant a further reprieve. That returns of the election of justices of the supreme and judges of the circuit courts, secretary of state, auditor and treasurer, shall be made and canvassed as is now provided by law for representatives in congress; and returns for members of the general assembly and county officers shall be made and canvassed as is now provided by law. 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 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. This excerpt on the constitution is from Illinois Constitutions [ click here for more information] by Emil Verlie. § 18. § 17. § 22. Constitutional revisions were subsequently ratified in 1848, 1870 and 1970. To make it a matter of fundamental law that the governor should receive an annual salary of $1,500, the supreme court judges $1,200, the state auditor $1,000, and the secretary of state and state treasurer each $800, was obviously absurd; even in those days of small things such sums were parsimonious, and in any case, no matter how great the need for economy, it was hazardous to make so inflexible the compensation of the officers of a rapidly growing commonwealth. taking of each census by the state, be altered, if necessary, to equalize the said districts in population; but such alteration shall be made by adding to such district such adjacent county or counties as will make said district nearest equal in population; Provided, no such alteration shall affect the office of any judge then in office. The jurisdiction of said court shall extend to all probate and such other jurisdiction as the general assembly may confer in civil cases, and such criminal cases as may be prescribed by law, where the punishment is by fine only, not exceeding $100. Get this from a library! § 26. Kentucky and Ohio river. § 25. All process, writs, and other proceedings shall run in the name of The people of the State of Illinois. 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 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. It is now guaranteed by the U.S. Constitution’s Fifth Amendment, which applies to the national government, and by its Fourteenth Amendment which applies to the states. Until there shall be a new apportionment of senators and representatives, the senate shall be divided into senatorial and representative districts, and the senators and representatives shall be apportioned among the several districts as follows, viz. Grover, editor of the Earlville Transcript. 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. County judges, clerks, sheriffs, and other county officers, for willful neglect of duty, or misdemeanor in office, shall be liable to presentment or indictment by a grand jury, and trial by a petit jury, and, upon conviction, shall be removed from office. What are the East geographic boundaries of Illinois? Springfield, Ill: Trustees of the Illinois State Historical Library, 1919, Proclamation establishing Gallatin, Johnson, and Madison counties, 1812, An Act for the division of Edwards County, 1816, Verlie, Emil Joseph. The second election for clerks of the supreme court shall be held on the first Monday of June, 1855, and every sixth year thereafter. § 8. § 31. and, when required, shall lay the same, and all papers, minutes and vouchers relative thereto. Constitution of the State of Illinois, 1848. § 7. 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. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties or their respective offices, and shall take care that the laws be faithfully executed. 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. § 14. No person shall be a representative who shall not have attained the age of 25 years, who shall not be a citizen of the United States, and three years an inhabitant of his state, who shall have not resided within the limits of the county or district in which he shall be chosen 12 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. Elections and the Rights of Suffrage, Article XII. County officers then elected shall hold their respective offices until their successors are elected or appointed, in conformity with laws hereafter enacted. 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. § 1. Key Concepts: Terms in this set (52) ... 1818, 1848, 1870, 1971. § 2. § 5. All judges and state's attorneys shall be commissioned by the governor. § 19. In force April 1, 1848. The general assembly shall provide, by a general law, for a township organization, under which any county may organize whenever a majority of the voters of such county, at any general election, shall so determine; and whenever any county shall adopt a township organization, so much of this constitution as provides for the management of the fiscal concerns of the said county by the county court may be dispensed with and the affairs of said county may be transacted in such manner as the general assembly may provide. Amendment to the constitution, further, was made somewhat easier; under certain restrictions the general assembly might propose changes directly instead of calling a convention for the purpose, but such changes could not become effective until approved by the voters. Like the Constitution of 1848, that of 1870 made possible its own amendment by a convention assembled at the mandate of the voters or by amendments proposed by the general assembly and ratified by the voters. Wayne, Jefferson, Washington, Monroe, Saint Clair, Clinton, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Bond, Madison, Jersey and Calhoun. § 17. -- Manuscript copy is of the second state constitution of Illinois in effect from 1848 to 1870. But the general assembly shall not have power to propose an amendment or amendments to more than one article of the constitution at the same session. § 21. § 9. Like its predecessor, the Constitution of 1848 made the mistake of failing to look far enough into the future. The clerks of the supreme court shall be elected in each division by the qualified electors thereof, for the term of six years, and until their successors shall have been elected and qualified, whose duties and compensation shall be provided by law. § 9. § 31. § 2. Illinois Constitution Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. No elector shall be deemed to have lost his residence in this state by reason of his absence on the business of the United States, or of this state. Of the Legislative Department, Article VI. § 6. 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. This page was last edited on 29 September 2019, at 00:09. The second election for one justice of the supreme court shall be held on the first Monday of June, 1852, and every three years thereafter an election shall be held for one justice of the supreme court. What are the South geographic boundaries of Illinois? That no inconvenience may arise from the alterations and amendments made in the constitution of this state, and to carry the same into complete effect, it is hereby ordained and declared: § 1. 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 shall devolve upon the lieutenant-governor, or speaker of the senate, as above provided, until a new governor be elected and qualified. The returns for every election of governor shall be sealed up and transmitted to the seat of government, by the returning officers, directed to the speaker of the house of representatives, who shall open and publish them in the presence of a majority of the members of each house of the general assembly. § 2. If any bill shall not be returned by the governor within 10 days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the general assembly shall, by their adjournment, prevent its return; in which case, the said bill shall be returned on the first day of the meeting of the general assembly after the expiration of said 10 days or be a law. 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. In case of disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the general assembly to such time as he thinks proper: Provided, it be not to a period beyond the next constitutional meeting of the same. 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. In all elections every white male citizen above the age of 21 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 entitled to vote, except in the district or county in which he shall actually reside at the time of such election. § 17. I also added constitutions. § 41. 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. To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed. § 29. If, after such reconsideration, a majority of the members elected shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by a majority of the members elected, it shall become a law, notwithstanding the objections of the governor; but in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house, respectively. The Illinois-Michigan canal finally surmounted a long series of tribulations and achieved some measure of the success of which its creators had dreamed ; but the railroad scheme proved a disastrous fiasco. § 21. The militia shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at musters and election of officers, and in going to and returning from the same. § 15. All state and county officers were now made elective, as were also the judges of the supreme court, who no longer served for life, but only for a stated term ; further, the number of judges was fixed at three, this as a protest against the legislature's abuses of its appointive power for partisan purposes. § 12. § 14. Contested elections of judges of the supreme court shall be tried by the senate, and of judges of the circuit court by the supreme court, and the general assembly shall .prescribe the manner of proceeding therein. § 15. § 11. Democratic governor Augustus C. French was easily re - elected. On the first Monday of December, 1848, jurisdiction of all suits and proceedings then pending in the present supreme court shall become vested in the supreme court established by this constitution, and shall be finally adjudicated by the court where the same may be pending. 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 favor; and in prosecutions by indictment or information, to speedy public trial by an impartial jury of the county or district wherein the offense shall have been committed, which county or district shall have been previously ascertained by law, and that he shall not be compelled to give evidence against himself. § 7. ARTICLE IV - THE LEGISLATURE. § 19. The Illinois Constitution is similar in … § 3. 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 42° 30'; 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 be agreed upon by this state and the state of Kentucky. § 14. 1870. The senate and house of representatives, when assembled, shall each choose a speaker and other officers (the speaker of the senate excepted). That the general, great and essential principles of liberty and free government may be recognized and unalterably established, we declare: § 1. This; The 1848 United States presidential election in Illinois took place on November 7, 1848 as part of the 1848 United States presidential election Voters There shall be two or more terms of the circuit court held annually in each county of this state, at such times as shall be provided by law; and said courts shall have jurisdiction in all cases at law and equity, and in all cases of appeals from all inferior courts. The governor shall nominate and, by and with the advice and consent of the senate (a majority of all the senators concurring), appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointments are not otherwise provided for; and no such officer shall be appointed or elected by the general assembly. From 1818 until 1848, Illinois went through a time of rapid growth and development. The Constitution of 1848 gave greater responsibilities to the executive and judicial branches. Although the constitution has been revised, the basic structure of state government has not changed drastically. § 13. The terms of the supreme court for the first division shall be held at Mount Vernon, in Jefferson county; for the second division, at Springfield in Sangamon county; for the third division, at Ottawa, in La Salle county, until some other place in either division is fixed by law. § 24. § 22. § 6. No new county shall be formed or established by the general assembly which will reduce the county or counties, or either of them, from which it shall be taken, to less contents than 400 square miles; nor shall any county be formed of less contents; nor shall any line thereof pass within less than 10 miles of any county seat of the county or counties proposed to be divided. § 5. § 1. § 5. § 15. The state shall be divided into three grand divisions, as nearly equal as may be, and the qualified electors of each division shall elect one of the said judges for the term of nine years: Provided, that after the first election of said judges the general assembly may have the power to provide by law for their election by the whole state, or by divisions, as they may deem most expedient. § 20. § 40. § 27. 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 forever remain common to the inhabitants of such town, hamlet, village, or incorporation; but the said commons, or any of them, or any part thereof, may be divided, leased, or granted, in such manner as may hereafter be provided by law, on petition of a majority of the qualified voters interested in such commons, or any of them. 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. All votes for either of them for any elective office (except that of judge of the supreme or circuit court) given by the general assembly, or the people, shall be void. 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 42° 30'; thence west to the middle of the Mississippi river, and thence dow… Illinois constitutions since the Constitution of 1848.T Because the people may restrain the legislature in any way they choose and because the state debt provisions of the Illinois Constitution of 1970 substantially differ from those of prior Illinois … 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. § 13. § 5. The current version of the Illinois Constitution was ratified by special election on December 15, 1970, and went into effect on July 1, 1971. That every person entitled to vote for members of the general assembly, by the constitution and laws now in force, shall, on the first Monday in March, 1848, be entitled to vote for the adoption or rejection of this constitution, and for and against the aforesaid articles separately submitted, and the said qualified electors shall vote in the counties in which they respectively reside, at the usual places of voting, and not elsewhere; and the said election shall be conducted according to the laws now in force in relation to the election of governor so far as applicable, except as herein otherwise provided. There shall be no territory stricken from any county unless a majority of the voters living in such territory shall petition for such division, and no territory shall be added to any country without the consent of a majority of the voters of the county to which it is proposed to be added. § 25. Each house shall keep a journal of its proceedings, and publish them. He shall be commander-in-chief of the army and navy of this state, and of the militia, except when they shall be called into the service of the United States. What year did Illinois become a State? That Article XI, entitled Commons, is hereby adopted as a part of the constitution of this state, without being submitted to be voted upon by the people. Amendments to the Constitution, https://en.wikisource.org/w/index.php?title=Illinois_Constitution_of_1848&oldid=9623327, Creative Commons Attribution-ShareAlike License. § 19. § 9. The senators at their first session herein provided for shall be divided by lot, as near as can be, into two classes. He shall, from time to time, give the general assembly information of the state of the government, and recommend to their consideration such measures as he shall deem expedient. Justices of the Peace Courts They had jurisdiction in their counties over all civil suits for debt and demand not in excess of $100, and forcible entry and detainer cases. § 17. The state has always had three branches of government: the … Article II. 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. § 8. This excerpt on the constitution is from Illinois Constitutions [click here for more information] by Emil Verlie. § 2. 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 journals, and published at the close of each session. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment and punishment, according to law. A new constitution was written, adopted in convention on September 3, 1970, and approved by the voters on December 15, 1970. The general assembly shall direct by law in what manner suits may be brought against the state. § 23. That the poll-book to be used at said election shall, as nearly as practicable, be in the following form, to-wit: [Omitted.]. § 16. § 5. 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 offenses are not particularly described and supported by evidence are dangerous to liberty, and ought not to 'be granted. 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. § 39. Second constitution of Illinois (1848), 1847.. § 28. No person shall be deprived of life, liberty or property without due process of law. Corporations, not possessing banking powers or privileges, may be formed under general laws, but shall not be created by special acts, except for municipal purposes, and in cases where, in the judgment of the general assembly, the objects of the corporation cannot be attained under general laws. § 26. ARTICLE II - THE POWERS OF THE STATE. § 6. § 3. Illinois became the first state to ratify the 13th Amendment to the Constitution abolishing slavery in 1865. 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