The question was taken on the adoption of the first section, and decided in the affirmative.

Mr. Shields moved to amend the second section by striking out "shall” and inserting "may," in lieu thereof.

The question was taken, and decided in the negative.

Mr. J. M. Davis moved the following as a substitute for the second section:

That any county in this state that can be so divided as to give to each county 400 square miles shall have power so to do, whenever a majority of the voters of the whole county shall vote for such division." Mr. Pratt offered the following as a substitute for the substitute:

1

SEC. The general assembly shall provide for, and there shall be annually levied, a tax of not less than two mills on every dollar's worth of personal and real property within this state, to be ascertained by valuation; the proceeds of which shall be applied to the payment of the indebtedness of the state; Provided, said tax shall be levied no longer than is necessary to discharge the principal and interest due and to become due on the present state debt."

The foregoing section shall be submitted as an alternate proposition with the first section of article 14, and the one having a majority of all the votes given for and against the same, shall form a part of the constitution.

On motion of Mr. Pratt,

The previous question was ordered.

The question was taken, by yeas and nays, on agreeing to the substitute for the substitute,

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 deci ded 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 appointments 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 present constitution and laws, shall enure to the use of the people of the state of Illinois, under this constitution.

SEC. 4. That all recognizances 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 obligees 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 election 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 election 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 place 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, 1848, 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, scci etary 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, any thing in this constitution to the contrary notwithstanding.

SEC. 15. That the returns shall be made of the votes given in pursu ance 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