shall continue, and all crimes and misdemeanors shall be prosecuted and punished as though no change had been made in the constitution of this

state.

SEC. 4. 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.

SEC. 5. That at the first election fixed by this constitution for the election of judges, there shall be elected one judge in each of the nine judicial circuits now established in this state.

SEC. 6. The county commissioners' courts and the probate justices of the several counties shall continue in existence and exercise their present jurisdiction until the county court, provided in this constitution, is organized in pursuance of an act of the general assembly to be passed at its first session.

SEC. 7. That the clerk of the circuit court, in each county fixed by this constitution as the place for holding the supreme court, shall be ex officio clerk of the supreme court, until the clerks of said court shall be elected and qualified, as provided in this constitution, and all laws now in force, in relation to the clerk of the supreme court, shall be applicable to said clerks and their duties.

SEC. 8. That the sheriffs, state's attorneys, and all other officers elected under this constitution shall perform such duties as shall be prescribed by

law.

SEC. 9. That the oaths of office herein required to be taken may be administered by a justice of the peace until otherwise provided by law. SEC. 10. That this constitution shall be submitted to the people for their adoption or rejection at an election to be held on the first Monday in March, A. D. 1848, and there shall also be submitted for adoption or rejection at the same time, the separate articles in relation to the immigration of colored persons and the public debt.

SEC. 11. 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, A. D. 1848, be entitled to vote for the adoption or rejec tion of the 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.

SEC. 12. That the poll-book to be used at said election shall, as nearly as practicable, be in the following form, to wit:

POLL-BOOK of an election held at

precinct, in the county of

on the first Monday in March, A. D. 1818, for the adoption or rejection of the Constitution, as amended, and the separate articles submitted.

SEC. 13.

That the returns of the votes for the adoption or rejection of this constitution, and for and against the separate articles submitted, shall be made to the secretary of state within fifty days after the election, and the returns of the votes shall, within five days thereafter, be examined and canvassed by the auditor, treasurer and secretary of state, or any two of them, in the presence of the governor, and proclamation shall be made by the governor forthwith of the result of the polls. If it shall appear, that a majority of all the votes polled are for the adoption of this constitution, it shall be the supreme law of the land, from and after the first day of April, a. D. 1848, but if it shall appear that a majority of the votes polled were given against the constitution, the same shall be null and void. If it shall further appear that a majority of the votes polled shall have been given for the separate article in relation to colored persons, or the article for the two mill tax, then said article, or articles, shall be and form a part of this constitution; otherwise said article, or articles, shall be null and void.

SEC. 14. That if this constitution shall be ratified by the people, the governor shall forthwith, after having ascertained the fact, issue writs of election to the sheriffs of the several counties in this state; or, in case of vacancy, to the coroners, for the election of all the officers the time of whose election is fixed by this constitution, or schedule; and it shall be the duty of said sheriffs or coroners to give at least twenty days' notice of the time and place of said election, in the manner now provided by law.

SEC. 15. The general assembly shall, at its first session after the adop tion of this constitution, provide by law for the mode of voting by ballot, and also for the manner of returning, canvassing, and certifying the number of votes cast at any election; and until said law shall be passed, all elections shall be viva voce, and the laws now in force regulating elections shall continue in force until the general assembly shall provide otherwise, as herein directed.

arc

SEC. 16. That the first general election of governor, secretary of state, auditor, treasurer, and members of the general assembly, and of such other officers as are to be elected at the same time, shall be held on the first Monday of August, eighteen hundred and forty-eight, anything in this constitution to the contrary notwithstanding. County officers then elected shall hold their respective offices until their successors elected or appointed, in conformity with laws hereafter. enacted. SEC. 17. 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 offi cers shall be made and canvassed as is now provided by law.

SEC. 18. That all laws of the state of Illinois, and all official writings, and the executive, legislative, and judicial proceedings, shall be conducted, preserved, and published in no other than the English language.

SEC. 19. On the first Monday in December, one thousand eight hundred and forty-eight, the term of office of judges of the supreme court, state's attorneys, and of the clerks of the supreme and circuit courts, shall expire; and on said day, the term of office of the judges, state's attorneys, and clerks elected under the provisions of this constitution, shall conimence. The judges of the supreme court, elected as aforesaid, shall have and exercise the powers and jurisdiction conferred upon the present judges of that court; and the said judges of the circuit courts shall have and exercise the powers and jurisdiction conferred upon the judges of those courts, subject to the provisions of this constitution.

SEC. 20. On the first Monday of December, one thousand eight hundred and forty-eight, 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. The jurisdiction of all suits and proceedings then pending in the circuit courts of the several counties shall be vested in the circuit courts of said counties, and the jurisdiction of all suits and proceedings in the Cook and Jo Daviess county courts shall be vested in the circuit courts of those counties respectively.

SEC. 21. The Cook and Jo Daviess county courts shall continue to exist, and the judge and other officers of the same remain in office until otherwise provided by law.

SEC. 22. Until otherwise provided by law, the terms of the supreme court shall be held as follows: In the first division, on the first Monday of December, a. D. 1848, and annually thereafter. In the second division, on the third Monday of December, A. D. 1848, and annually thereafter. In the third division, on the first Monday of February, A. D. 1849, and annually thereafter. The sheriffs of Jefferson and La Salle counties shall perform the same duties and receive the same compensation as is required and provided for the sheriff of Sangamon county, until otherwise provided by law.

SEC. 23. Nothing in this constitution shall prevent the general assembly from passing such laws in relation to the apprenticeship of minors, during their minority, as may be necessary and proper.

SEC. 24. That the general assembly shall pass all laws necessary to carry into effect the provisions of this constitution.

SEC. 25. Elections of judges of the supreme and circuit courts shall be subject to be contested.

SEC. 26. 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 mode of proceeding therein.

The question was taken, and the substitute agreed to.

The same committee also reported that they had discovered two errors in the engrossed copy of the articles heretofore reported, to-wit:

One in the seventh section, and one in the 34th section, of article three, which they had corrected.

The committee also reported that the article adopted in relation to internal improvement, reported by Mr. Churchill, from the committee on Agriculture, &c., had been engrossed and enrolled as the last section of the article on corporations.

The report was agreed to.

On motion of Mr. J. M. Campbell,

The reading of the journal of yesterday was dispensed with.

Mr. Thomas, from the committee on the Revision and Adjustment, &c., reported the constitution, schedule, and separate articles as correctly enrolled; which were read as follows:

CONSTITUTION.

PREAMBLE.

We, the PEOPLE of the state of Illinois-grateful to ALMIGHTY GOD for the civil, political and religious liberty, which He hath so long permitted us to enjoy, and looking to HIM for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generationsin order to form a more perfect government, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the state of Illinois.

ARTICLE I.

BOUNDARIES.

SECTION 1. 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, and with the line of Indiana, to the north-west 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 forty-two degrees and thirty minutes; 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 north-western 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 hereafter be agreed upon by this state and the state of Kentucky.

ARTICLE II.

CONCERNING the disTRIBUTION OF THE POWERS OF GOVERNMENT.

SECTION 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.

SEC. 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.

ARTICLE III.

OF THE LEGISLATIVE DEPARTMENT.

SECTION 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. 3. 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.

SEC. 4. 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.

SEC. 5. 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