of the same, and be approved by a majority of all the votes cast at such election for and against such law.

6. The general assembly shall encourage internal improvements, by passing liberal general laws of incorporation for that purpose.

ARTICLE XI.-Commons.

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.

21. 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 :

21. That all men are born equally free and independent, and have certain inhe rent 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 happiness.

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 disseised 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 favour; 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 cognisable 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 case 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 a 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 honour 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 ho enters upon the duties of his office, in addition to the oath prescribed in this con

stitution, take the following oath: "I do solemnly swear [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 con stitution; 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.

SCHEDULE.

THAT no inconvenience may arise from the alterations and amendments made in the constitution of this state, and to carry the same into complete effect, it is hereby ordained and declared:

21. That all laws in force at the adoption of this constitution, not inconsistent therewith, and all rights, actions, prosecutions, claims, and contracts of this state, individuals or bodies corporate, shall continue and be as valid as if this constitution had not been adopted.

2. That all fines, penalties, and forfeitures due and owing to the state of Illinois under the present constitution and laws, shall enure to the use of the people of the state of Illinois under this constitution.

3. Recognisances, bonds, obligations, and all other instruments entered into or executed, before the adoption of this constitution, to the people of the state of Illinois, to any state or county officer or public body, shall remain binding and valid, and rights and liabilities upon the same shall continue, and all crimes and misdemeanors shall be tried and punished as though no change had been made in the constitution of the state.

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.

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

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.

7. That the clerk of the circuit court, in each county fixed by this constitution as the place for holding the supreme court, except in the county of Sangamon, 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. 8. That the sheriffs, state attorneys, and all other officers elected under this constitution shall perform such duties as shall be prescribed by law.

9. That the oaths of office herein required to be taken, may be administered by a justice of the peace until otherwise provided for by law."

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 emigration of coloured persons and the public debt.*

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 rejection of this constitution, and for and against

The article relating to the Public Debt was adopted, and has, therefore, been appended to the Constitution as article XIV.; that on the Emigration of coloured Persons was rejected; it was as follows:

"The general assembly shall, at its first session under the amended constitution, pass such laws as will effectually prohibit free persons of colour from immigrating to and settling in this state; and to effectually prevent the owners of slaves from bringing them into this state, for the purpose of setting them free."

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.

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.

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

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

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 manner of proceeding therein.

DONE in convention, at the Capitol, in the city of Springfield, on the thirty-first day of August, in the year of our Lord one thousand eight hundred and fortyseven, and of the independence of the United States of America the seventyNEWTON CLOUD, President.

second.

HENRY W. MOORE, Secretary.

HARMAN G. REYNOLDS, Assistant Secretary.

CONSTITUTION OF ALABAMA.

WE, the people of the Alabama Territory, having the right of admission into the general government, as a member of the Union, consistent with the constitution of the United States, by our representatives assembled in convention at the town of Huntsville, on Monday the fifth day of July, one thousand eight hundred and nineteen, in pursuance of an act of congress, entitled "An act to enable the people of the Alabama territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states:" in order to establish justice, insure tranquillity, provide for the common defence, promote the general welfare, and secure to ourselves and our posterity the rights of life, liberty, and property, do ordain and establish the following constitution, or form of government; and do mutually agree with each other to form ourselves into a free and independent state, by the name of "the State of Alabama." And we do hereby recognise, confirm, and establish the boundaries assigned to said state by the act of congress aforesaid, "to wit: beginning at the point where the thirty-first degree of north latitude intersects the Perdido river, thence, east, to the western boundary line of the state of Georgia, thence, along said line, to the southern boundary line of the state of Tennessee; thence, west, along said boundary line, to the Tennessee river; thence up the same to the mouth of Bear creek; thence, by a direct line, to the north-west corner of Washington county; thence, due south, to the Gulf of Mexico; thence eastwardly, including all islands within six leagues of the shore, to the Perdido river: and thence up the same, to the beginning"-subject to such alteration as is provided in the third section of said act of congress, and subject to such enlargement as may be made by law in consequence of any cession of territory by the United States, or either of them.