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appear that there has been polled a greater number of votes against than for it, then no certificates of election shall be issued for any of said supreme or circuit judges.
SEC. S. This Constitution shall be submitted to the people of the State of Illinois for adoption or rejection at an election to be held on the first Saturday in July, in the year of our Lord one thousand eight hundred and seventy, and there shall be separately submitted at the same time, for adoption or rejection, sections nine, ten, eleven, twelve, thirteen, fourteen and fifteen relating to railroads, in the article entitled "Corporations," the article entitled "Counties," the article entitled “Warehouses," the question of requiring a three-fifths vote to remove a county seat, the section relating to the Illinois Central Railroad, the section in relation to the minority representation, the section relating to municipal subscriptions to railroads or private corporations and the section relating to the canal. Every person entitled to vote under the provisions of this Constitution, as defined in the article in relation to suffrage, shall be entitled to vote for the adoption or rejection of this Constitution, and for or against the articles, sections and questions aforesaid, separately submitted, and the said qualified electors shall vote at the usual places of voting unless otherwise provided; and the said election shall be conducted, and returns thereof made, according to the laws now in force regulating general elections, except that no registry shall be required at said election: Provided, however, that the polls shall be kept open for the recep tion of ballots until sunset of said day of election.
SEC. 9. The Secretary of State shall, at least twenty days before said election, cause to be delivered to the county clerk of each county, blank poll books, tally sheets and forms of return, and twice the number of properly prepared printed ballots for the said election that there are voters in such county, the expense whereof shall be audited and paid as other public print-` ing ordered by the Secretary of State is, by law, required to be audited and paid, and the several county clerks shall at least five days before said election, cause to be distributed to the board of election, in each election district in their respective counties, said blank poll books, tally lists, forms of return and tickets.
SEC. 10. At the said election the ballots shall be in the following form:
NEW CONSTITUTION TICKET.
For all the propositions on this ticket which are not cancelled with ink or pencil, and against all propositions which are so cancelled,
For the new constitution.
For the sections relating to railroads
the article entitled "Corpora
For the article entitled "Counties."
For the article entitled "Warehouses."
For a three-fifths vote to remove county seats.
For the section relating to the Illinois Central railroad.
For the section relating to minority representation.
For the section relating to municipal subscriptions to railroads or private corporations,
For the section relating to the canal.
Each of said tickets shall be counted as a vote cast for each proposition thereon not cancelled with ink or pencil, and against each proposition so cancelled. and returns thereof shall be made accordingly by the judges of election.
SEC. 11. The returns of the whole vote cast, and the votes for the adop tion or rejection of this Constitution, and for or against the articles and sections respectively submitted, shall be made by the several county clerks, as is now provided by law, to the Secretary of State, within twenty days after the election, and the returns of said 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 canvass.
SEC. 12. If it shall appear that majority of the votes polled are "for the new Constitution," then so much of this Constitution as was not separately submitted to be voted or by articles and sections, shall be the supreme law of the State of Illinois on and after Monday, the eighth day of August, in the year of our Lord one thousand eight hundred and seventy; but if it shall appear that a majority of the votes polled were "against the new Constitution" then so much thereof as was not separately submitted to be voted on by articles and sections, shall be null and void.
If it shall appear that a majority of the votes polled are "for the sections relating to railroads in the article entitled 'Corporations,' "" section nine. ten. eleven, twelve, thirteen, fourteen and fifteen, relating to railroads in the said article shall be a part of the Constitution of this State, but if a majority of said votes are against said sections, they shall be null and void. If a majority of the votes polled are "for the article entitled 'Counties.' such article shall be part of the Constitution of this State, and shall be substi tuted for article seven, in the present Constitution, entitled "Counties;" but if a majority of said votes are against such article the same shall be null and void. If a majority of the votes polled are "for the article entitled 'Warehouses.' .'" such article shall be part of the Constitution of this State; but if a majority of the votes are against said article, the same shall be null and void. If a majority of the votes polled are for either of the sections separately submitted. relating respectively to the "Illinois Central railroad." "minority representation," "municipal subscriptions to railroads or private corporations," and the "canal," then such of said sections as shall receive such majority shall be a part of the Constitution of this State; but each of said sections so separately submitted against which respectively there shall be a majority of the votes polled, shall be null and void: Provided, that the section relating to "minority representation" shall not be declared adopted unless the portion of the Constitution not separately submitted to be voted on by articles and sections shall be adopted; and in case said section relating to "minority representation" shall become a portion of the Constitution, it shall be substituted for sections seven and eight of the legislative article. If a majority of the votes cast at such election shall be for a three-fifths vote to remove a county seat, then the words "a majority" shall be stricken out of section four of the article on "Counties," and the words "three-fifths" shall be inserted in lieu thereof, and the following words shall be added to said section, to-wit: "But when an attempt is made to remove a county seat to a point nearer to the center of a county, then a majority votę only shall be necessary.” If the foregoing proposition shall not receive a majority of the votes as aforesaid, then the same shall have no effect whatever.
SEC. 13. Immediately after the adoption of this Constitution, the Governor and Secretary of State shall proceed to ascertain and fix the apportionment of the State for members of the first House of Representatives under this Constitution. The apportionment shall be based upon the federal census of the year of our Lord one thousand eight hundred and seventy, of the State of Illinois, and shall be made strictly in accordance with the rules and principals announced in the article on the legislative department of this Constitution: Provided, that in case the federal census aforesaid cannot be ascertained prior to Friday, the twenty-third day of September, in the year of our Lord one thousand eight hundred and seventy, then the said apportionment shall be based on the State census of the year of our Lord one thousand eight hundred and sixty-five, in accordance with the rules and principles aforesaid. The Governor shall, on or before Wednesday, the twentyeighth day of September, in the year of our Lord one thousand eight hundred and seventy, make official announcement of said apportionment, under the great seal of the State; and 100 copies thereof, duly certified, shall be forthwith transmitted by the Secretary of State to each county clerk for distribution.
SEC. 14. The districts shall be regularly numbered by the Secretary of State, commencing with Alexander County as number one, and proceeding then northwardly through the State, and terminating with the county of
Cook, but no county shall be numbered as more than one district, except in the county of Cook, which shall constitute three districts, each embracing the territory contained in the now existing representative districts of said county. And on the Tuesday after the first Monday in November, in the year of our Lord one thousand eight hundred and seventy, the members of the first House of Representatives under this Constitution shall be elected according to the apportionment fixed and announced as aforesaid, and shall hold their offices for two years, and until their successors shall be elected and qualified.
SEC. 15. The Senate, at its first session under this Constitution, shall consist of fifty members, to be chosen as follows: At the general election held on the first Tuesday after the first Monday of November, in the year of our Lord one thousand eight hundred and seventy, two Senators shall be elected in districts where the term of Senators expires on the first Monday of January, in the year of our Lord one thousand eight hundred and seventyone, or where there shall be a vacancy, and in the remaining districts one Senator shall be elected. Senators so elected shall hold their office two years.
SEC. 16. The General Assembly, at its first session held after the adoption of this Constitution, shall proceed to apportion the State for members of the Senate and House of Representatives, in accordance with the provisions of the article on the legislative department.
SEC. 17. When this Constitution shall be ratified by the people, the Governor shall forthwith, after having ascertained the fact, issued writs of election to the sheriffs of the several counties of the State, or in case of vacancies, 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 such notice of the time and place of said election as is now prescribed by law.
SEC. 18. 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. The General Assembly shall pass all laws necessary to carry into effect the provisions of this Constitution.
SEC. 20. The circuit clerks of the different counties having a population over 60,000 shall continue to be recorders (ex officio) for their respective counties, under this Constitution, until the expiration of their respective terms.
SEC. 21. The judges of all courts of record in Cook County shall, in lieu of any salary provided for in this Constitution, receive the compensation provided by law until the adjournment of the first session of the General Assembly after the adoption of this Constitution.
SEC. 22. The present judge of the circuit court of Cook county shall continue to hold the circuit court of Lake county until otherwise provided by law.
SEC. 23. When this Constitution shall be adopted and take effect as the supreme law of the State of Illinois, the two mill tax provided to be annually assessed and collected upon each dollar's worth of taxable property, in addition to all other taxes, as set forth in article fifteen of the now existing Constitution, shall cease to be assessed after the year of our Lord one thousand eight hundred and seventy.
SEC. 24. Nothing contained in this Constitution shall be so construed as to deprive the General Assembly of power to authorize the city of Quincy to create any indebtedness for railroad or municipal purposes for which the people of said city have voted and to which they shall have given, by such vote, their assent, prior to the thirteenth day of December, in the year of our Lord one thousand eight hundred and sixty-nine: Provided, that no such indebtedness so created shall, in any part thereof, be paid by the State or from any State revenue tax or fund, but the same shall be paid, if at all, by the city of Quincy alone, and by taxes to be levied upon the taxable property thereof: And, provided further, that the General Assembly shall
have no power in the premises that it could not exercise under the present Constitution of the State.
SEC. 25. In case this Constitution, and the articles and sections submitted separately be adopted, the existing Constitution shall cease in all its provisions; and in case this Constitution be adopted, and any one or more of the articles or sections submitted separately be defeated, the provisions of the existing Constitution, if any, one the same subject shall remain in force.
SEC. 26. The provisions of this Constitution required to be executed prior to the adoption or rejection thereof, shall take effect and be in force immediately.
Done in convention at the Capitol, in the city of Springfield, on the thirteenth day of May, in the year of our Lord, one thousand eight hundred and seventy, and of the independence of the United States of America the ninety-fourth.
In witness whereof, we have hereunto subscribed our names.
ATTEST JOHN Q. HARMON, Secretary.
CONSTITUTION OF INDIANA-1851*
To the end that justice be established, public order maintained, and liberty perpetuated: We, the people of the State of Indiana, grateful to Almighty God for the free exercise of the right to choose our own form of government, do ordain this Constitution:
BILL OF RIGHTS.
SECTION 1. We declare that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that all power is inherent in the people; and that all free governments are, and of right ought to be. founded on their authority, and instituted for their peace, safety, and wellbeing. For the advancement of these ends the people have at all times an indefeasible right to alter and reform their government.
SEC. 2. All men shall be secured in their natural right to worship Almighty God according to the dictates of their own consciences.
SEC. 3. No law shall, in any case, whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience.
SEC. 4. No preference shall be given, by law, to any creed, religious society or mode of worship; and no man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his
SEC. 5. No religious test shall be required as a qualification for any office of trust or profit.
SEC. 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution.
SEC. 7. No person shall be rendered incompetent as a witness, in consequence of his opinion on matters of religion.
SEC. S. The mode of administering an oath or affirmation shall be such as may be most consistent with, and binding upon, the conscience of the person to whom such oath or affirmation may be administered.
SEC. 9. No law shall be passed restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely. on any subject whatever; but for the abuse of that right every person shall be responsible.
SEC. 10. In all prosecutions for libel, the truth of the matters alleged to be libelous may be given in justification.
SEC. 11. The right of the people to be secured in their persons, houses, papers and effects, against unreasonable search or seizure shall not be violated, and no warrant shall issue. but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.
SEC. 12. All courts shall be open; and every man, for injury done to him, in his person, property or reputation, shall have remedy by due course
*The constitution of Indiana was drafted by a convention which assembled at Indianapolis on October 7, 1850, and adjourned on February 10, 1851. The electors were afforded the opportunity of voting on the ratification or rejection of the constitution as a whole and on Article XIII relative to negroes and mulattoes. At the election hold on August 4, 1851, the constitution as a whole was ratified by a vote of $2,564 to 26,755, and Article XIII was ratified by a vote of 88,910 to 21,066. The constitution became effective on November 1, 1851.