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6. The general assembly shall encourage internal improvements, by passing liberal general laws of incorporation for that purpose.
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 for ever remain common to the inhabitants of such town, hamlet, village, or corporation; 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.
ARTICLE XII.- Amendments to the Constitution. Sec. 1. Whenever two-thirds of all the members elected to each branch of the general assembly shall think it necessary to alter or amend this constitution, they shall recommend to the electors at the next election of members of the general assembly, to vote for or against a convention; and if it shall appear that a majority of all the electors of the state voting for representatives have voted for a convention, the general assembly shall, at their next session, call a convention, to consist of as many members as the house of representatives at the time of making said call, to be chosen in the same manner, at the same place, and by the same electors, in the same districts that chose the members of the house of representatives; and which convention shall meet within three months after the said election, for the purpose of revising, altering, or amending this constitution.
2. Any amendment or amendments to this constitution may be proposed in either branch of the general assembly; and if the same shall be agreed to by two-thirds of all the members elect in each of the two houses, such proposed amendment or amendments shall be referred to the next regular session of the general assembly, and shall be published at least three months previous to the time of holding the next election for members of the house of representatives; and if, at the next regular session of the general assembly after said election, a majority of all the members elect, in each branch of the general assembly, shall agree to said amendment or amendments, then it shall be their duty to submit the same to the people at the next general election, for their adoption or rejection, in such manner as may be prescribed by law; and if a majority of all the electors voting at such election for members of the house of representatives, shall vote for such amendment or amendments, the same shall become a part of the constitution. 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.
ARTICLE XIII.- Declaration of Rights. That the general, great, and essential principles of liberty and free government may be recognised and unalterably established, WE DECLARE:
Sec. 1. 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.
2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happi.
3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given by law to any religious establishments or modes of worship.
4. That no religious test shall ever be required as a qualification to any office of public trust under this state.
5. That all elections shall be free and equal.
6. That the right of trial by jury shall remain inviolate; and shall extend to all cases at law, without regard to the amount in controversy.
7. 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 offences are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.
8. That no freeman shall be imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
9. 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, a speedy public trial by an impartial jury of the county or district wherein the offence 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.
10. No person shall be held to answer for a criminal offence unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia when in actual service in time of war or public danger : Provided, that justices of the peace shall try no person, except as a court of inquiry, for any offence punishable with imprisonment or death, or fine above one hundred dollars.
11. No person shall, for the same offence, be twice put in jeopardy of his life or limb; nor shall any man's property be taken or applied to public use without the consent of his representatives in the general assembly, nor without just compensation being made to him.
12. Every person within this state ought to find a certain remedy in the laws for all injuries or wrongs which he may receive in his person, property, or character; he ought to obtain right and justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws.
13. That all persons shall be bailable by sufficient sureties, unless for capital offences where the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion, the public safety may require it.
14. All penalties shall be proportioned to the nature of the offence; the true design of all punishment being to reform, not to exterminate mankind.
15. No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law, or in cases where there is strong presumption of fraud.
16. There shall be neither slavery nor involuntary servitude in this state, except as a punishment for crime, whereof the party shall have been duly convicted.
17. No ex post facto law, nor any law impairing the obligation of contracts, shall ever be made: and no conviction shall work corruption of blood or forfeiture of estate.
18. That no person shall be liable to be transported out of this state for any offence committed within the same.
19. That a frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty.
20. The military shall be in strict subordination to the civil power.
21. That the people have a right to assemble together in a peaceable manner to consult for their common good, to instruct their representatives, and to apply to the general assembly for redress of grievances.
22. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in manner prescribed by law.
23. 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, and print, on any subject, being responsible for the abuse of that liberty.
24. In prosecutions for the publication of papers investigating the official conduct of officers, or of men acting in a public capacity, or when 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.
25. Any person who shall, after the adoption of this constitution, fight & duel, or send or accept a challenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of holding any office of honor or profit in this state, and shall be punished otherwise, in such manner as is or may be prescribed by law.
26. That from and after the adoption of this constitution, every person who shall be elected or appointed to any office of profit, trust, or emolument, civil or military, legislative, executive, or judicial, under the government of this state, shall, before he enters upon the duties of his office, in addition to the oath prescribed in this constitution, take the following oath: “I do solemnly gwear (or affirm, as the case may be) that I have not fought a duel, nor sent or accepted a challenge to fight a duel, the probable issue of which might have been the death of either party, nor been a second to either party, nor in any manner aided or assisted in such duel, nor been knowingly the bearer of such challenge or acceptance, since the adoption of the constitution; and that I will not be so engaged or concerned, directly or indirectly, in or about any such duel, during my continuance in office. So help me, God.”
ARTICLE XIV.-Public Debt.
There shall be annually assessed and collected, in the same manner as other state revenue may be assessed and collected, a tax of two mills upon each dollar's worth of taxable property, in addition to all other taxes, to be applied as follows, to wit: The fund so created shall be kept separate, and shall annually, on the first day of January, be apportioned and paid over, pro rata, upon all such state indebtedness, other than the canal and school indebtedness, as may, for that purpose, be presented by the holders of the same, to be entered as credits upon, and, to that extent, in extinguishment of the principal of said indebtedness.
GOVERNMENT JUDICIARY, AND FINANCES.
Joel A. Mattison (manufacturer), of Will county, Governor, and ex officio Land Commissioner. Term ends, second Monday in January, 1857. Salary, $1500.
Gustavus Kærner (lawyer), of St. Clair county, Lieutenant-Governor. Salary, $3 a day during session, and 10 cents a mile travel.
Alexander Starne (merchant), of Pike county, Secretary of State. Term ends, January, 1857. Salary, fees and $800.*
Thomas H. Campbell (lawyer), of Springfield, Auditor. Term ends, January, 1857. Salary, $1000.*
John Moore (farmer), of Randolph's Grove, Treasurer. Term ends, Jannary, 1857. Salary, $800.*
Ninian W. Edwards, of Sangamon county, State Superintendent of Common Schools. Term ends, January, 1857. Salary, $1500.
J. G. Norwood, M. D., of Sangamon county, State Geologist.
Thomas J. Turner, of Stephenson, Speaker of the House. Salary, $3 a day during the session.
E. T. Bridges, of La Salle, Clerk.
The sessions of the Legislature are biennial. The nineteenth session commenced in January, 1855.
First Division.-Walter B. Scates, of Jefferson county, Chief Justice. Term ends, June, 1861. Salary, $1200. Noah Johnson, of Jefferson county, Clerk. Fees.
Second Division.—Onias C. Skinner, of Quincy, Judge. Term ends, June, 1858. Salary, $1200. Wm. A. Turney, of Springfield, Clerk. Term ends, June, 1861. Fees.
* Exclusive of clerk hire.