, 1862-04-25
ILLINoIS CONSTITUTIONAL con.
VEHTION.
NEW CONSTITUTION
OF TIE STATE or ILLINOIS
ADOPTED 1T TIE CONSTITUTIONAL cosyES-
TON AT SPRINGFIELD, MARcH24, 1851, AND
SUBMITTED TO THE PEOPLE FOX RATE
rICAT1O* AT Az ELECTION TO
BE HELD IrSE II, 1867


rICAT1O* AT A. ELECTION TO
BE HELD 1t-SE II, 1867
PREAMBLE.
We, the people Of the State Of Illinois
grateful to Almighty God for the civil, pollti-
cal 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
trspsmit the same to succeeding generations
in order to form q more perfect government,
establish justice, Insure domestic tranquility,
provide for the common defense, promote the
general welfare, and secure the blessings oi
liberty to ourselves and our postefity, do or
dain and establish this Constitution for the
ARTICLE I.
BOUNDARIES.
The boundaries and Jurisdiction of the State
mouth of tho Wabash river; thence up the
same, and with the line Of Indiana to the
northwest corner Of said Stnte; thence east,
With the line of the came State, to the middle
Of Lake Michigan; thence north, along the
middle of said fake to north latitude fortY-two
degrees and thirty minutes; thence west to
the middle Of the Mississippi river, aud
thence down along the middle of that river,
to its confluence with the Ohio river; ana
thence up the latter river, along its north
Iupided, 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 Ken
tuclI.
ARTICLE II.
BILL OF RIGHTS.
That the great and essential principles of
liberty and free government may be recog-
Dized and unalterab1y established, We De
CLARE:
SECTION !. That VIC hold these truths to be
sclfevidert; that all men arc created equll
that they arc endowed BY their Creator with
certein ina!ienable rights; that among these
are life, liberty aud tie pursuit Of happiness;
and OF acquiring, possessing and projecting
property. That to secure these rights, gov
cru1ncat5 arc instituted among mcn, deriving
their just powers from the consent of the gov
ernea.
SEC. 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 Happiness.
Sec. ). That all men have natural aud in
aefeasib1e right to worship Almighty God ac-
sciences; that no man can Of right be COM
| PEELED 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 OF interfere with
| the rights Ct conscience; and that no prefer
| cnce shall ever be given by law to any relig-
ious establishments or modes of worship.
/ SEC. I. That no religious test shall ever be
required as qualification to any office Of pub
! lie trust under this State.
| Sec. s. That all elections shall BIZ free and
| equal.
SEC. G. That the right Of trial by jury shall
remain inyiolate; and shall extend to al csses
at law, without regard to the amount in con
| tfoycrsy.
SEC. I. A jury shall, in all cases, consist
Of twelve men, unless otherwise agreed by
| the parties; but the General Assembly may
provide for jury Of t less number, in civil
| cases before justices of the peace.
| Sec. s. 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
| he commanded to search suspected places
without evidence Of the act committed, or to
seize any person or persons not named, whose
| ofcnscs arc not particularly described and
| supported by evidence, are dangerous to
litsft5 and d., ought not to be GRANTED.
or disseized Of his freehold, liberties or priv
| lleges, or outlawed, exiled, Or in any manner
deprived Of his life, liberty or property. but
hy the Judgment ct his peers, or the law OF
the land.
SEC. TO- That ir all criminal prosecutions.
rte accused hath right to be heard by him
self and counsel; to demand the nature and
cause Of tl1c accusation against him; to meet
the witnesses face to face; to have compulsory
process to compel the attendance ofwituesses
in his favor; and in prosecutions BY indict-
mcnt or information, a speedy public trial by
an impartial jury of the county or district
wherein the oilense shall have been commit.
ted. Which county or district shall haye been
previously ascertained by Law; and that b.
siall not be compelled to girc evidence
SEC. II. That all offcnscs, less than felony,
sud in which the punishment is by fine, OF
p1isopment otherwise than in the pcniteltiary
shall be tried summariiy before court au,
thorizcd by Law to try the same, upon inform
alton uudtr oath, without presentment OF
Indictment Of q grand jury, saving to the de-
fendant, in all cases, the right OF appeal; aud
no person shall be held to answer for any
higher criminal offense, unless on present
nltnt or indictment OF L grind jury, except 10
the army OF navy, or in the milltia, when il
artuafservice, in time of war or public danger
SEC. IL. No person shall, for the same uf
fense, be twice put in jeopardy.
SEC. Is. Every person within this Statt
ought to find certain reincdy, in the laws
for all injuries or wrongs which he may re
ceire IN bis person, property or charncter. I'll
ought to obtain right and justice freely, anG
without being Obliged to purchase it-com
pletely and without depiaI-promptly anG
SEC. II. That I'LL persons shall be bailabl,
BY sufficient eurcties, unless for capital often
I ses where the proof is evident OF the pre-
sumption great; and the privilege Of the Wri
Of ha5cas corpus shall not be suspended, un
less, when ID cases of rebellion or invasion
the public safety may require it,
Sec. Is. AL penalties shall be proportinci
to the nature OF the offense--the true desig1
Of ali punishment being to reform, not to ex
terminate mankind
SEC. 10. No person shall be Imprisoned 70
debt, unless upon refusal to deliver up his es
tate for the benefit of his creditors, in sucl
manner as shall be prescribed by law, Or il
cases where there is stroug presumption 0
: fraud.
Bee. II. There shall be neither slavery no
involuntary servftude in this State, except >!
a punishment for crime, whereof the part,
shall have been duly convicted
SEC, IL. No fT post flt{O law, nor any law i'm
pairing the obligation Of contracts shall eve
! be maaei and no conviction shall work COT
ruption Of blood or forfeiture Of estate.
SEC. l9. That 10 person shnl! he Iinble to b
transported out of this State, for any oifens
committed within the same.
q Sec. 20. That q frequent recurrence to tn
. fundamental principles Of civil government I
i absolutely necessary to preserve the blessing
+ SEC, Fl. The military shall be il strict sub
ordination TO the civil powers.
SEC =. That the people have right Il
D assemble together in peaceab1e manner II
consult for their common good, to inatruc
I their representatives, aud to apply to th
= General Assembly for redress Of grievances
~ Sec. p. No soldicrshall, in time of peace, b
quartz nd ia acy house without the consent 0
a the owner; nor in time Of war, except iu man
= : ncr prescribed by law.
. Sec. -. The printing presses shall be frt,
n to every person WHO Undertakes TO exelnin
!, thc proceedings of the General Assembly, o.
5 OF any branch Of government; and no Law
j. 6bau cFcr be made to restrain tue righ
4 | thereof. The free communication Of thought
n and opinions is one Of the invaluable rights o
= man; and every citizen MAY freely speak, writ
! and print on any subject, being fraponsbl
= for the abpsc Of that liberty
y Sec. rs. In prosecutions for the publicatio,
= Of paptrs investigating the official conduct O
;. officers, or Of men acting in 3 public capacity
4 or wien the matter published is proper 70
. public Information, the truth thereof m,v b.
n given Ia evidence; and In all indictments fo
n libels, the jury shall have the right Of deter
- mining both the law and the fact, under th
! direction Of the court, as in other cases.
!. SEC. 26. Any person who shall, after tn
:. adoption of this constitution, fight duel
- or send or accept q challenge for that pu,
!. pose, or be alder or abettor in fighting . due
d | shall be deprived Of the right Of holding an
l. office OF honor Or profit In this State, and sha
r. be punished othcrWtsc in such manner as is Q
may be prescribed by Law.
10 Sec. -. Private property shall ever b
~ held inyiolatc, but subsvfYient to the publ
=. welfare. Wien the same shall bs taken
!. time OF war, or other imminent public da1
. ger, iR7pesative&y requiring its Immediate sci:
= ure, OF for tho purpose Of making or repaisin
= roads, which shall be open to the public, viii
a out charge, compensation therefor, to be q
4 certalncd by jury, shall be made to the ow1
- err In money, and in all other cases In Ehic
a private property shall be taken for public us,
n a compensation therefor shall be first mado