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Bouvier's Law Dictionary, Revised 6th Edition (1856)

ILLINOIS. The name of one of the United States of America. This state was
admitted into the Union by virtue of a "Resolution declaring the admission
of the state of Illinois into the Union," passed December 3, 1818, in the
following words: Resolved, &c. That, whereas, in pursuance of an Act of
Congress, passed on the eighteenth day of April, one thousand eight hundred
and eighteen, 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,"
the people of said territory did, on the twenty-sixth day of August, in the
present year, by a convention called for that purpose, form for themselves a
constitution and state government, which constitution and state government,
so formed, is republican, and in conformity to the principles of the
articles of compact between the original states and the people and States in
the territory northwest of the river Ohio, passed on the thirteenth day of
July, one thousand seven hundred and eighty-seven: Resolved, &c. That the
state of Illinois shall be one, and is hereby declared to be one, of the
United States of America, and admitted into the Union on an equal footing
with the original states, in all respects whatever.
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, Sec. 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 entitled to vote, except in the district or
county in which he Shall actually reside lit the time of such election.
Sec. 2. All votes shall be given by ballot.
Sec. 5. No elector loses his residence in the state by reason of his
absence on business of the United States, or this state.
Sec. 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:
Sec. 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
Sec. 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.
Sec. 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.
Sec. 7. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 16. When vacancies shall happen in either house, the governor, or
the person exercising the powers of governor, shall issue writs of election
to fill such vacancies.
Sec. 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.
Sec. 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.
Sec. 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 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 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 by 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
the jurisdiction 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 cases as may be prescribed by law, when the
punishment is by fine only, not exceeding 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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