# United States Statutes at Large/Volume 2/12th Congress/1st Session/Chapter 90

Chap. XC.—An Act to extend the right of suffrage in the Illinois territory, and for other purposes.
Act of Feb. 3, 1809, ch. 13, vol. ii. 514. Persons allowed to vote for members of the legislative council and house of representatives.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That upon the admission of the Illinois territory into the second grade of territorial government, in conformity with the provisions of the act, entituled “An act for dividing Indiana into two separate governments,” each and every free white male person who shall have attained the age of twenty-one years, and who shall have paid a county or territorial tax, and who shall have resided one year in said territory previous to any general election, and be at the time of any such election, a resident thereof, shall be entitled to vote for members of the legislative council and house of representatives for the said territory.
Time of electing members of legislative council, &c.Sec. 2. And be it further enacted, That so soon as the governor of the said territory shall divide the same into five districts, the citizens thereof, entitled by this act to vote for representatives to the general ​assembly, shall, in each of the said districts, elect one member of the legislative council, who shall possess the same powers heretofore granted to the legislative council by the ordinance for the government of the Northwestern territory, and shall hold their offices four years and no longer, any thing in the ordinance to the contrary notwithstanding.
Time of electing a delegate to Congress, and his powers.Sec. 3. And be it further enacted, That the citizens of the said territory, entitled to vote for members of the territorial legislature by this act may, at the time of electing their representatives to the general assembly thereof, also elect one delegate to Congress for the said territory, who shall possess the same powers heretofore granted to the delegated from the several territories of the United States.
Duty of the sheriffs and of the governor in relation to election of delegates.Sec. 4. And be it further enacted, That the sheriffs of the several counties which now are, or hereafter may be established in the said territory, respectively shall, within forty days next after an election for a delegate to Congress, transmit to the secretary of the said territory a certified copy of the returns from the several districts or townships of their respective counties; and it shall be the duty of the governor, for the time being, to give to the person having the greatest number of votes, a certificate of his election.
Penalty on the sheriff for neglect.Sec. 5. And be it further enacted, That each and every sheriff, in each and every county, that now is, or hereafter may be established in said territory, who shall neglect or refuse to perform the duties required by this act, shall forfeit one thousand dollars, to be recovered by an action of debt, in any court of record within the said territory, one half to the use of the territory, and the other half to the use of the person suing for the same.
General assembly empowered to apportion representatives, &c. Vol. i. 51.Sec. 6. And be it further enacted, That the general assembly of the said territory shall have power to apportion the representatives of the several counties, which now are, or hereafter may be established therein, according to the number of free white male inhabitants above the age of twenty-one years, in such counties: Provided, that there be not more than twelve, nor less than seven of the whole number of representatives, until there shall be six thousand free white male inhabitants, above the age of twenty-one years in said territory, after which time, the number of representatives shall be regulated agreeably to the ordinance for the government of the territory northwest of the river Ohio.
Approved, May 20, 1812.