The question was taken, by yeas and nays, upon agreeing to the substitute offered by Mr. J. M. Davis,

The question was taken on the adoption of the 2d section, and decided in the negative.

On motion,

The report, as amended, was referred to the committee on Revision, &c. Mr. Scates, from the committee on the Judiciary Department, to which was referred the petition of John Smith and seventy-three others, praying the abolition of capital punishment, reported the same back and asked to be discharged from its further consideration.

The committee were so discharged.

Mr. Scates, from the select committee appointed to prepare a schedule, &c., reported the following

SCHEDULE:

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

SECTION 1. That all laws of this state, in force at the time of the adoption of said alterations and amendments, and not inconsistent therewith, and all rights, actions, prosecutions, claims and contracts, as well of individuals as of bodies corporate, shall continue as if said alterations and amendments had not been made.

SEC. 2. That all officers now filling any office or appointment shall continue in the exercise of the duties of their respective offices or appoint ments until otherwise provided by the general assembly, except those officers whose elections are provided in this constitution, who shall enter upon the duties of their respective offices immediately after their election and qualification.

SEC. 3. That all fines, penalties, and forfeitures, due and owing to the state of Illinois, under the prescut constitution and laws, shall enure to the use of the people of the state of Illinois, under this constitution.

SEC. 4. That all recogniz inces heretofore taken, or which may be taken before the organization of the judicial department under this constitution, shall remain valid and shall pass over to, and may be prosecuted in the name of the people of the state of Illinois. And all bonds executed to the governor, or to any other officer or officers, in his or their official character, under the present constitution and laws, shall pass over to the people of the state of Illinois, under this constitution, for the uses therein respectively expressed, and may be sued for by the proper offi. cer or officers having the custody thereof, in the name of the people of the state of Illinois, or in the name or names of the obligee or obligces therein. All criminal prosecutions and penal actions which have arisen or may arise, before the organization of the judicial department. under this constitution, and which shall be depending at the time of said organization, may be prosecuted to judgment and execution in the name of the people of the state of Illinois, or in the name of the plaintiffs therein.

SEC. 5. That "Article II," entitled "Commons," be, and the same it hereby, adopted, and the same shall not be submitted to be voted on as the polls, but the same shall be and form a part of the constitution of this

state.

SEC. 6. That at the first election fixed by this constitution for the elec tion of judges, there shall be elected one judge in each of the nine judicial circuits, now established in this state.

SEC. 7. That at the same time fixed by this constitution for the elec tion of circuit judges, there shall be elected in each county, one county judge, and one county clerk, returns whereof shall be made and canvassed as is now provided by law in case of the election of clerk of the county commissioners' court; and an abstract of the votes for county judge shall be forwarded to the secretary of state.

SEC. 8. That the clerk of the circuit court in each county fixed by this constitution as the plac for holding the supreme court, 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 clerk of the supreme court shall be applicable to said clerks and their duties.

SEC. 9. That the sheriffs, state's attorneys, and all other officers elected under this constitution, shall perform such duties as shall be prescribed by law.

SEC. 10. That the oaths of office, herein required to be taken, may be administered by a justice of the peace, until otherwise provided by law. SEC. 11. That on the first Monday and Tuesday of March, 1818, this constitution shall be submitted, for ratification or rejection, to the quali

fied electors of this state, and every such elector may vote any where in the state. And all the provisions of the law in relation to voting more than once, or betting upon elections, shall be applicable and in full force, in relation to voting for and against the constitution.

SEC. 12. That the constitution shall be divided into parts as follows, to wit:

Section first of article sixth shall form the first part.

Article fourteenth shall form the second part.

Section sixteen to twenty, inclusive, of article fifth, shall form the third part.

Article fifteenth shall form the fourth part.

The remainder of the constitution shall form the fifth part.

SEC. 13. That a poll-book shall be opened at every place of holding elections for members of the general assembly, with columns and cap. tions in the following form, viz:

And the several articles and sections which shall receive a majority of all the votes given for and against said sections and articles severally as herein provided, at said election, shall be in full force from the day of said election, and the several sections and articles, which shall not receive a majority of all the votes so given, shall be of no force or effect.

SEC. 14. That the first general election of governor, secretary of state, Auditor, treasurer and members of the general assembly, and of such other officers as are to be elected at the same time, shall be held on the first Monday of August, 1848, anything in this constitution to the contrary notwithstanding.

SEC. 15. That the returns shall be made of the votes given in pursuance of the 11th, 12th, and 13th sections of this schedule, and canvassed in the same manner as is provided in cases of elections for representatives in congress; and should it appear that a majority of all the votes given at

said election are in favor of the articles and sections of articles, included in any of the parts of the specifications herein before made, then the governor shall issue his proclamation of that fact. And it shall therefore be the duty of the governor, if made necessary by the adoption of any portion of the amended constitution, to issue writs of election to the sheriff of each county, or in case of a vacancy, to the coroner, to hold an election pursuant to the provisions of the amended constitution and this schedule, for the election of the several officers whose elections are proIvided in the same.

SEC. 16. That in cases of the election of the supreme, and judges of the circuit courts, secretary of state, auditor, and treasurer, returns shall be made and canvassed, as is now provided by law for representatives in congress. For members of the general assembly and county officers returns shall be made and canvassed as is now provided by law.

SEC. 17. That 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. 18. That the general assembly shall pass all laws necessary to carry into effect the provisions of this constitution.

SEC. 19. That the clauses, sections, and articles of the present constitution, and none other, which have been amended, if, by the rejection of said amendments they remain unaltered, shall continue to be and form a part of the constitution of this state.

Mr. Scates offered the following as an additional section:

SEC. 20. That all the actions, indictments, and proceedings, together with all the records and files of office, pending and being in the supreme, circuit, probate, and county courts, shall, if the constitution be adopted, be transferred to the supreme, circuit, probate, and county courts, established by this constitution, and said courts, respectively, shall have authority to proceed with and complete all such proceedings, in the same manner as if such proceedings had originally been commenced in said courts. Mr. Thornton, from the minority of the same committee, submitted the following:

SEC.. That the constitution, as amended, 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. 1845; and there shall also be submitted for adoption or rejection at the same time the separate section in relation to the immigration of colored persons, and the article in relation to the public debt.

SEC.. 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 the constitution, as amended, and for and against the aforesaid section and article separately submitted; and the said qualified electors shall vote in the counties in which they respectively reside, at the usual places of voting, and not elsewhere; and the said election shall be conducted according to the laws now in force, in relation to the election of gov ernor, so far as applicable, except as is herein otherwise provided.

SEC.. That the form of the poll-books to be used at said election, shail, as nearly as practicable, be in the following form, to wit: