ills

Pictures and Illustrations

Jesse B. Thomas — Speaker of the Illinois Constitutional Convention of 1818.

Map of Illinois Showing County Boundaries 1818.

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The Illinois Constitutional Convention of 1818.

INTRODUCTION BY RICHARD V. CARPENTER, BELVIDERE, ILL.

On April 18th, 1818, the Congress of the United States passed an Act enabling the inhabitants of the territory of Illinois to form a Constitution and state government and providing that said State, when formed, should be admitted to the Union on the same footing with the original states.

The boundaries of the new State were to be as described by the Act, on the Southern and Eastern ends, where most of the people were, the Mississippi on one side and the Ohio and Wabash on the other. On the North, for the reasons often stated, Nathaniel Pope secured the consent of Congress to move the line North from the original location of the latitude of the Southerly extreme of Lake Michigan to latitude 42° 30'.

This Enabling Act provided that all white male citizens of the United States, twenty-one and over, who had reside in the Territory six months prior to the election, or who were otherwise qualified to vote for representatives in the territorial general assembly, might choose representatives to form a convention. Each County was given two members, except the counties of Madison, St. Clair and Gallatin, which were given three members, on account of their larger population According to the enumeration White County had but seventeen people less than Gallatin, and should also apparently have had two representatives, but this was probably not known at the time the Enabling Act was passed.

The election was held on the first Monday of July, 1818, and the two following days, and the members elected were authorized to meet at Kaskaskia, the seat of government of the territory, on the first Monday of August and to determine by a majority of the whole number elected:

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First: Whether or not it was expedient at that time to form a Constitution and state government;

Second: If expedient, then to form such Constitution and government;

Third: If more expedient, then to provide for electing representatives to form a Constitution or frame of government.

We have been unable to find any details as to the election of the representatives in the various counties. Governor Reynolds tells us that no question was agitated in the election, except in some counties the question of slavery; that there existed not the slightest spark of party politics as to measures, but, nevertheless, two parties did exist, founded on the qualification of the men for office and the "ins and outs" of power and place. He states that men like Edwards, Pope, Cook, General White, Judge Browne, and others, formed one party; and Messrs. Bond, Thomas, Michael Jones, Kane, McLean and others, were leaders of the other party.

Accordingly then, under this authority from the national law-making body at Washington, there might have been seen during the warm days of late July and early August, 1818, by Indian trail and forest road, over flower-strewn prairies and through green woods in their full summer growth, thirty-three men, the representatives of our pioneer forefathers, making their way towards the old French town of Kaskaskia, on the Mississippi, the constitution makers of a future great and glorious State.

By Monday, August 3rd, the day specified, all but four had reached the capital. Kaskaskia, the scene and center of so much that is important or romantic in our early history, was built on a level and rather low stretch between the Kaskaskia and the Mississippi rivers. On the one side, some miles away, the yellow Father of Waters rolled his flood to the Gulf. On the other side, across the Kaskaskia, rose the bluffs, on the edge of which stood Pierre Menard's mansion, surrounded by its pecan grove and overlooked by the earthworks sometimes known as Fort Gage.

There appears to be no record to show in what building

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the Convention met. Wherever it was, whether in territorial capital-house, tavern or private residence, the site where these early law-makers performed their work is now beneath the waters of the Mississippi. But little has been written concerning the proceedings of this first Constitutional Convention of our State. Those to whom we look for contemporary accounts of this early time, such as Ford, Reynolds, and Breese, make little reference to it. While it is evident from a statement in Ford's History that he had access to the journal of the Convention, there was in later times, until the last few years, no copy known to be in existence, but on March 16th, 1905, the State of Illinois, through the generosity of Mr. J. W. Kitchell of Pana, became the possessor of what is apparently the only copy that remains. His letter transmitting it to the Secretary of State, is given at the end of this article. In view of the fact that so little is known of the proceedings, it has been thought well to reproduce verbatim, this copy of the journal. Spelling and pagination have been exactly followed. In connection therewith, the writer will attempt to bring together some of the few known facts concerning the Convention and the men who composed it, and also, in view of the somewhat formal nature of the document, will endeavor to set forth in a more condensed form, the principal transactions from day to day.

From the official maps in the "Blue Book" showing the growth of the various counties of the State, we are able to form a good idea of the divisions of the territory at the time of the convention. A copy of the appropriate map is given herewith, and on it has been marked the approximate locations from whence the members came. As we are unable to find where some of them lived, the marks representing the members have not been more definitely placed than inside the lines of their proper County.

The convention, in calling the roll the first day, seems to have started at Bond County, which ran up the center of the State like the clock hands at noon and then followed in a direction opposite the hands of the clock, ending at Crawford. Taking the counties up in this order, let us note briefly their

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characteristics and some of the men who represented them.

BOND COUNTY, as has been said, was long and narrow, running north to the Wisconsin line; the settlements in 1818 were apparently all in the Southern part, mostly in the present Bond County, with a few in Christian, Montgomery, Clinton, and the eastern part of the present Sangamon. The delegates were Thomas Kirkpatrick and Samuel G. Morse.

Thomas Kirkpatrick was an early settler of Greenville, Bond County, Illinois, and lived about one and a half miles southeast of Greenville. He was among the first justices of the County Commissioners' Court, 1818, of Bond County, and was appointed by Governor Ninian Edwards Judge of the County Court of Bond County. An extract from the record of this Court reads as follows:

"Be it remembered that on the 2d day of June, 1817, at a County Court held for Bond County, began and held at Hill's Station, in pursuance of an Act of the Legislature of the Illinois Territory, passed in the year 1817 (January 4).

"Thomas Kirkpatrick, John Powers, and Martin Jones, produced commissions from his Excellency, Ninian Edwards, Governor of said Territory, appointing them Judges of said County Court, who, having taken the several oaths prescribed by law, and thereupon took their seats."

The first County Court was held at Perryville, July 20th, 1818, and was called a Justice's Court, three Justices of the County acting, viz: Thomas Kirkpatrick, Martin Jones, and Isaac Price.

Thomas Kirkpatrick was the first lieutenant in the Edwardsville company of militia, in September of 1814. He built several water mills on Cahokia Creek, near the present city of Edwardsville, and some time prior to 1814, he built a fort near that creek, at which Judge Reynolds remembers attending court when it was used as a court house. Apparently he moved far enough east to be in Bond County in 1818.

Thomas Kirkpatrick's house was the seat of justice for Madison County, as laid off in 1812, when it included the northern two-thirds of the State.

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Samuel G. Morse was an early settler of Bond County, Illinois. He was the first Sheriff of the county, serving in 1817 and 1818. He was fond of music and taught singing school occasionally.

MADISON COUNTY, commencing at the southern limits of the present County of that name, ran north to the Wisconsin line and west to the Mississippi. Next to Crawford it was the greatest in extent. Its population was mostly in the Southern half, extending as far north as Peoria, with probably a few in the Fort Armstrong neighborhood, at Rock Island. The main population was doubtless within the present Madison County. Its members were Prickett, Borough and Stephenson.

Abraham Prickett was born near Lexington, Kentucky, came to Madison County in 1805; was employed for a time in the drug business in St. Louis, then opened a store at Edwardsville, where in 1813, he received from the first County Court of Madison County, a license to retail merchandise. In 1818 he was elected a Representative in the first General Assembly; was also postmaster of the Town of Edwardsville for a number of years. In 1825 he removed to Adams County, and laid out an addition to the City of Quincy; was also engaged there in trade with the Indians. In 1836, while engaged on a Government contract for the removal of snags and other obstructions to the navigation of Red River, he died at Natchitoches, Louisiana.

Joseph Borough had been a private from St. Clair County in the War of 1812 and in 1813 was made first lieutenant of Rangers. He was Representative from Madison in the Second General Assembly, 1818-20; Senator for Macoupin in the Tenth and Eleventh General Assemblies.

Benjamin Stephenson, pioneer and early politician, came to Illinois from Kentucky in 1809, and was appointed the first sheriff of Randolph County by Governor Edwards under the Territorial Government. Afterwards served as Colonel of Illinois Militia during the War of 1812; represented Illinois Territory as Delegate in Congress 1814-1816; resigned April 29th, 1816, on being appointed Receiver of Public Moneys at

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the Land Office in Edwardsville. Nathaniel Pope succeeded him in Congress. Colonel Stephenson died in Edwardsville.

On the sixth of August, 1819, at Edwardsville, a treaty was negotiated between Auguste Chouteau and Benjamin Stephenson, Commissioners on the part of the United States, and the Chiefs of the Kickapoo Tribe of Indians, by which the Kickapoos ceded all their land on the northwest side of the Wabash River, including their principal village and a tract of land covering the central part of the State of Illinois, estimated to contain upward of ten millions of acres, etc.

ST. CLAIR COUNTY included considerable territory which had been settled by the French at an early date and the old Village of Cahokia, as well as the newer Belleville. Its members were Judge Thomas, who was the Chairman of the Convention; Rev. James Lemen, the friend of Thomas Jefferson, and John Messinger, a prominent surveyor. For its size, St. Clair was the most thickly populated of the counties in 1818, being only exceeded in number by Madison County, which had many times its area.

It will be noted that there are no distinctively French names among the members of the Convention, although the genial Pierre Menard was given a high office in the new State Government. The old French localities had been filled with American pioneers, as described by Reynolds, mostly from the south, and some from New England and its westward extensions.

Jesse Burgess Thomas; was born at Hagerstown, Maryland, claiming direct descent from Lord Baltimore. Taken west in childhood, (1779) he grew to manhood and settled at Lawrenceburg, Indiana Territory, in 1803 as an attorney; in 1805 was speaker of the Indiana Territorial Legislature, and later, represented the Territory as delegate in Congress. On the organization of Illinois Territory (which he had favored), he removed to Kaskaskia, and was appointed one of the first judges for the new Territory. On the admission of the State, he became one of the first United States senators, Governor Edwards being his colleague. Though an avowed advocate of slavery, he gained no little prominence as the author of

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the celebrated "Missouri Compromise," adopted in 1820. He was re-elected to the Senate in 1823, serving until 1829; he subsequently removed to Mount Vernon, Ohio, where he died May 4th, 1853, leaving a large estate. He left no children. He and Kane were doubtless the two most prominent members of the Convention. An account of his life, written by Dr. J. F. Snyder, appears in the Society's Transactions of 1904.

Rev. James Lemen, Jr., born in Monroe County, Illinois, October 8th, 1787; early united with the Baptist Church and became a minister. He served as senator in the Second, Fourth and Fifth General Assemblies. Also preached extensively in Illinois, Missouri and Kentucky, and assisted in the organization of many churches. He was the second child of American parents born in Illinois, Enoch Moore being the first. He died February 8th, 1870. In the Society's Transactions of 1908, may be found a detailed account of the important services of his father, Rev. James Lemen, Sr., in the anti-slavery cause and his agreement or "pact" with Thomas Jefferson.

John Messinger, pioneer surveyor and cartographer, was born at West Stockbridge, Mass., in 1771, grew up on a farm, but secured a good education, especially in mathematics. Going to Vermont in 1783, he learned the trade of a carpenter and mill-wright; removed to Kentucky in 1799, and in 1802 to Illinois, (then a part of Indiana Territory), locating first in the American bottom and later, at New Design, within the present limits of Monroe County. Two years later he became the proprietor of a mill, and between 1804 and 1806, taught one of the earliest schools in St. Clair County. The latter year he took up the vocation of a surveyor, which he followed for many years as a sub-contractor under William Rector, surveying much of the land in St. Clair and Randolph counties, and still later assisting in determining the northern boundary of the State. He also served for a time as a teacher of mathematics in Rock Spring Seminary; in 1821 he published a hand-book on surveying. He also prepared some of the earlier State and County maps. In 1808 he was elected to the Indiana Territorial Legislature to fill a vacancy, and took part

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in the steps which resulted in settling up a separate territorial government for Illinois the following year. He also received an appointment as first surveyor of St. Clair County under the new Territorial government. As delegate from St. Clair County to the Convention of 1818, Reynolds says he was a cautious and prudent member, always wise without rashness. He was elected a representative in the First General Assembly, serving as speaker. After leaving New Design, the later years of his life were spent on Clinton Hill, a farm a few miles northeast of Belleville, where he died in 1846.

WASHINGTON COUNTY lay to the west of St. Clair and took in the present Washington and part of what is now Clinton.

Andrew Bankson, a native of Tennessee, settled on Silver Creek, in St. Clair County, Illinois, four miles south of Lebanon, Illinois, about 1808 or 1810, and subsequently removed to Washington County. He was a colonel of "Rangers" during the War of 1812, and a captain in the Black Hawk War of 1832. In 1822 he was elected to the State Senate from Washington County, serving four years, and at the session of 1822-23 was one of those who voted against the celebrated convention resolution which had for its object to make Illinois a slave State. He subsequently removed to Iowa Territory, west of Dubuque, and died in 1853, while visiting a son-in-law in Wisconsin.

John K. Mangham, Bankson's colleague, died shortly after he reached Kaskaskia. We have been unable, thus far, to find any information as to his life and labors. The secretary of the State Historical Society will be glad to receive any information about Mr. Mangham or his descendants.

MONROE COUNTY also lay near the Mississippi River, and took in considerable of the region settled by the French. Its members were Cairns and Moore.

Caldwell Cairns. Just north of the present town of Harrisonville, lived Dr. Caldwell Cairns, who was well known all over the country in early times as an excellent physician. He came to Illinois from Pennsylvania soon after the year 1800. He bought a fine farm under cultivation, which he called Walnut Grove. He was fond of agriculture, and farmed, for

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those days, on a large scale. He attended likewise to his profession, and had a large practice among the residents of the bottoms.

He was elected a justice of the peace, and also one of the judges of the St. Clair County Court (before Monroe County was organized). He was sent as one of the delegates from Monroe County to the convention which framed the first constitution of the State of Illinois. He was one of the active working members of that body. He was a man of sound mind, and was honest in his transactions with the public, and upright in his deportment. He died on his farm, leaving behind him a good reputation, and a large estate. One of his daughters married General James Semple, who was at one time one of the Supreme judges of Illinois, United States senator, and minister to Bogota.

Enoch Moore, son of Captain James Moore, was born in the old block-house at Bellefontaine in 1782, being the first child born of American parents in Illinois. Served as a "ranger", and was captain in the War of 1812; was clerk of the Circuit Court, and afterwards judge of Probate of Monroe County, during the territorial period; served as representative from Monroe County in the Second General Assembly, later filling various County offices for some twenty years. He died in 1848.

RANDOLPH COUNTY was the seat of old Kaskaskia itself and therefore the host — as it were — of the convention. Around no part of the Territory does more of the romance and interest of the early day cluster. One of its members, Kane, was the leading spirit on the floor of the convention, and was one of the ablest men of the new State.

Elias Kent Kane was born in New York about 1794. He was educated at Yale College, graduated in 1812; read law in New York, and emigrated to Tennessee in 1813 or early in 1814, but, before the close of the latter year, removed to Illinois, settling at Kaskaskia, where he commenced the practice of law. Was appointed, early in 1818, as judge of the Eastern Circuit under the Territorial Government. Was appointed by Governor Bond, the first secretary of state under the State

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Government, but resigned on the accession of Governor Coles in 1822. Two years later he was elected to the General Assembly as representative from Randolph County, but resigned to take his seat in the United States Senate, to which he was elected in 1824, and re-elected in 1830. Before the expiration of his second term (December 12, 1835), having reached the age of a little more than forty years, he died in Washington. He was a cousin of Chancellor Kent of New York, through his mother's family, while on his father's side he was a relative of the Arctic explorer, Elisha Kent Kane. An article on Kane will be found in the Society's Transactions of 1908.

Dr. George Fisher was a native of Hardy County, Virginia, from which State he came to Kaskaskia in 1798. He became very prominent during the Territorial period; was appointed by William Henry Harrison, then governor of Indiana Territory, the first sheriff of Randolph County, after its organization in 1801; was elected from that County to the Indiana Territorial House of Representatives in 1805, and afterwards promoted to the Territorial Council, was also representative in the First and Third Legislatures of Illinois Territory (1812 and 1816), serving as speaker of each. He died on his farm near Kaskaskia in 1820. Dr. Fisher participated in the organization of the first lodge of Free and Accepted Masons in Illinois, at Kaskaskia, in 1806.

He was the most eminent physician in the new State in the early days. Governor Reynolds was one of his patients and describes the manner in which he, as a boy, brought home some of the doctor's medicine. He resided on a farm five miles north of Kaskaskia, at a point on the bluffs. He was but fairly well educated, but he was possessed of considerable original talent and great firmness.

JACKSON COUNTY was settled quite early. The salt industry was of considerable importance. Its former capital, Brownsville, is now little but a memory, Murphysboro having taken its place. This region since the Civil War, is closely connected in the heart of the people with the memory of that gallant soldier, John A. Logan. The two delegates, Dr. Will

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and Judge Hall, were, for some reason, a day late in reaching the convention. Human nature seems to have run the same then as now, the four tardy members being from the two counties adjoining that in which Kaskaskia was located, while the members from along the Wabash were there on time. As Mr. Mangham from Washington County, died a few days after he arrived at Kaskaskia, it is of course possible that he was taken sick on the way, and that his colleague, Mr. Bankson, tarried to assist him.

Conrad Will was born in Philadelphia, June 3rd, 1779; about 1804 removed to Somerset County, Pennsylvania, and in 1812 to Kaskaskia, Illinois. He was a physician by profession, but having leased the saline lands on the Big Muddy in the vicinity of what afterwards became Brownsville, he engaged in the manufacture of salt, removing thither in 1815. On the organization of Jackson County in 1816, he became a member of the first Board of County Commissioners. Thereafter he served continuously as a member of the Legislature from 1818 to 1834, first as senator in the First General Assembly, then as representative in the Second, Third, Fourth and Fifth, and again as senator in the Sixth, Seventh, Eighth and Ninth, his career being conspicuous for a long service. He died in office June 11th, 1834. Dr. Will was short of stature, fleshy and of jovial disposition and fond of playing practical jokes upon his associates, but very popular. Will County, organized by Act of the Legislature two years after his death, was named in his honor. An article on Dr. Will, written by Dr. J. F. Snyder, is found in the Society's Transactions of 1905.

James Hall was born in Philadelphia, August 19th, 1793; after serving in the War of 1812 and spending some time with Commodore Stephen Decatur in the Mediterranean, in 1815, he studied law, beginning practice at Shawneetown, in 1820. Appointed state's attorney in 1821, and elected to the bench of the Circuit Court in 1825. He was legislated out of office two years later and resumed private practice, making his home at Vandalia, where he was associated with Robert Blackwell in the publication of "The Illinois Intelligencer." The same

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year (1827) he was elected by the Legislature state treasurer, continuing four years. Later he removed to Cincinnati, where he died, July 5th, 1868. He conducted "The Illinois Monthly Magazine," later "The Western Monthly Magazine," the first periodical published in Illinois. Among his published volumes are "Tales of the Border," "Notes on the Western States," "Sketches of the West," "Romance of Western History," and "History of the Indian Tribes."

JOHNSON COUNTY was the smallest in population at this time and ran south to the Ohio River, including the site of the present City of Metropolis, and old Fort Massac. The delegates were William McFatridge and Hezekiah West.

William McFatridge, one of the members, was in the General Assembly which fought out the convention resolution and took a prominent, but apparently not very consistent, part in that strenuous campaign.

In Washburne's "Sketch of Edward Coles" we find the following note concerning him:

"Mr. McFatridge was, I judge, of Scotch-Irish origin; a man about sixty years of age, of kind heart and generous disposition. He had fallen into the very general evil of the time, and drank more liquor than his legislative duties actually required. Late in an afternoon session a member moved an adjournment; Mr. McFatridge, in his chair, opposed it. It was carried by a large vote, and the speaker declared the House adjourned. McFatridge, raising his voice above the noise occasioned by the general movement, exclaimed: "Mr. Speaker, Mr. Speaker; you may adjourn the House, and be hanged, but old Billy McFatridge will remain in session until sundown, and look after the interests of his constituents, while you are cavorting at Copp's grocery and getting drunk on the hard earnings of the people."

No information about Hezeziah West can be found. Any information about him will be gladly received by the Society.

UNION COUNTY had the same limits as at present, but had attached to it the territory running as far south as Cairo, thus making it include most of the southernmost end of the State; of its two members, Echols and Whiteaker, we find no

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notes. The latter's name is in some lists spelled Wittaker.

John Whiteaker, Union County. In the History of Alexander, Union and Pulaski Counties, edited by William Henry Perrin, published by O. L. Baskin & Company, Chicago, 1883, we find a few references to John Whiteaker. They are as follows:

John Whiteaker; early settler of Union County. Arrived in 1814.

Among those who entered the land that lies within the County up to and including the year 1818 the name of John Whiteaker appears.

Member of the grand jury first term of Court of Union County, 1818.

Member from Union County to the Constitutional Convention, 1818.

John Whiteaker, Union County Member House of Representatives, General Assembly State of Illinois, 1824-26.

We find no information in regard to William Echols, but will be glad to receive such from any one who knows anything of him.

With POPE COUNTY, we reach the series of counties on the east side of the State. Pope and Gallatin were on the Ohio and much of the immigration from the south and east crossed the river into them from Kentucky, some remaining and some going on across the State to the counties bordering on the Mississippi. The two members were Omelveny and Ferguson.

Samuel Omelveny followed the occupation of flat-boating, carrying produce to New Orleans. He was in Pope County in 1816 and thereafter. In 1819 he removed to Randolph County, where he served as a member of the County Court, but in 1820-22, we find him a member of the Second General Assembly from Union County. He was a native of Ireland, and a popular pioneer all through southern Illinois. Before coming to Illinois, he resided for a time in Kentucky. Reynolds says that he was blessed with a very strong mind, but not much book education; that his person was large and he had no parlor polish in his manners, his mind corresponding

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with his exterior, strong and natural. He was the first County Treasurer of Pope County in 1816. Died in 1828.

Hamlet Ferguson resided near Golconda. Reynolds says that he was a respectable citizen, filling many offices and that "he acted well his part; there all the honor lies." He was captain and afterwards major in the militia and was the first sheriff of Pope County, on its organization in 1816.

FRANKLIN COUNTY. This was in the interior of the then settled portion of the State and included the present Franklin and also Williamson. Its members were Harrison and Roberts.

Thomas Roberts was an early settler of Frankfort Township and entered land in 1814; held several military offices before and during the War of 1812, being a captain in the first regiment. In this regiment were three of the members of the convention — Roberts, Jones and Ferguson. He was apparently senator from Johnson County in the First General Assembly, 1818-20.

Isham Harrison, Franklin County. Representative to the Constitutional Convention, 1818. In the list of vice-presidents of the Old Settlers Association of Franklin County in 1886 appears the name of Isham Harrison. This was probably a descendant of the Isham Harrison who was a member of the Constitutional Convention of 1818. I find no other information in regard to Isham Harrison in the County history.

Information about Isham Harrison or his descendants will be gladly received by the Society.

GALLATIN COUNTY was the seat of Shawneetown, where so much occurred in the early day, and lay on the Ohio and southern part of the Wabash. Much of the traffic from the eastern and southern states crossed at the ferry at Shawneetown. Its three members were Jones, White and Hubbard.

Michael Jones was a Pennsylvanian by birth, who came to Kaskaskia in 1804, as register of the land office at Kaskaskia; he afterwards removed to Shawneetown. He was senator in the first four General Assemblies and also representative in the Eighth. He was a candidate for United States senator in 1819, but was defeated by Governor Edwards; was a presidential

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elector in 1820. He supported the pro-slavery constitution and was a bitter opponent of Governor Edwards. Reynolds says he was a sprightly man of plausible and pleasing personality, that he possessed a good English education and was, in his younger days, well qualified for business if he had been clear of excitement; his temperament was very excitable and rather irritable; his mind was above the ordinary range, but his passion at times swept over him like a tornado.

As we have quoted largely from Reynolds and other early writers, it might be well to add that, as all students of Illinois history know, the statements of Governor Reynolds and Governor Ford, and some of the others to whom we must look for first-hand information, although very interesting and generally accurate as to fact, are apt to be influenced, when dealing with the characteristics and motives of men, by the viewpoint of the writer. It is therefore not entirely just to judge the public men of our early day simply by what Reynolds or Ford or some one writer had to say of them, as has too often been done by writers on our early history.

General Leonard White was prominently connected with the salt industry in the early days and for a time was government agent for the Salines. In 1811 he was colonel in the Illinois Militia. At least three members were connected with the salt industry, General White, Dr. Will and General Hargrave.

General White was senator from White County in the Second General Assembly, 1820-22, secretary of the senate in 1834-36. White County was named in his honor.

I find that a Timothy Guard was also connected with that industry and he was probably a relative of Seth Guard or Gard, who was in the convention. Much can be found relative to White in an article on the Salines by Prof. Geo. W. Smith in the Transactions of 1904. Several letters referring to Messrs. White, Hargrave, and Kitchell, also appear in the Governors' Letter Books 1818 to 1834, published by the Historical Library.

Adolphus F. Hubbard was lieutenant governor from 1822 to 1826, being chosen at the hotly contested election at which

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Edward Coles was elected governor. He represented Gallatin County in the General Assembly from 1818 to 1820 and held several other offices. Was candidate for governor in 1826, receiving, however, a comparatively few votes, Edwards and Sloo being his opponents. See Ill. State Hist. Soc. Transactions No. 8, 1903, p. 102.

WHITE COUNTY was of considerable extent and ran from the third principal meridian east to the Wabash. It was well populated and its members were Hargrave and McHenry.

Willis Hargrave came from Kentucky to Illinois in 1816, settling near Carmi in White County. On December 6th, 1823, the "Friends of a Convention," from all parts of the State, held a meeting at Vandalia, for the purpose of instituting a more perfect organization, of which General Hargrave was the chairman. He was a member of the House of Representatives from White County, in the Territorial Legislature, in the sessions of 1817-18, and a member of the first Senate of the State in 1818-22. Washburne states that he was one of the boldest and most outspoken advocates for a convention in the State; that while others temporized and hesitated, he openly advocated making Illinois a slave State. He was captain in the War of 1812 and was official inspector of the Gallatin Saline.

William McHenry came from Kentucky to Illinois in 1809, locating in White County, and afterwards became prominent as a legislator and captain in the War of 1812, and in the Black Hawk War of 1832, serving in the latter as major of the "Spy Battalion" and participating in the Battle of Bad Axe. He also served as representative in the First, Fourth, Fifth and Ninth General Assemblies and as senator in the Sixth and Seventh. While serving in the House, he died in 1835, and was buried at Vandalia, then the State capital. McHenry County, in the northern part of the State, was named in his honor.

EDWARDS COUNTY was also large in extent, running from the third principal meridian to the Wabash. It lay well to the north of the then settled region, having only the settlers in the southeastern corner of Crawford between it and the

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Indian country. In the eastern portion around Albion, Morris Birkbeck had recently settled with his English friends, and this County was to become, later, one of the strongholds against slavery, although at the time of the convention of 1818, Birkbeck's influence had hardly had time to spread very widely. Most of the population was along and near the Wabash. The two members were Gard and Compton. Gard was a justice of the peace of Edwards County as early as 1815. He represented Edwards in the first session of the Third Territorial Legislature, 1816.

Seth Gard. Judge of the First County Court of Edwards County. (Edwards County History, page 82).

On the organization of the County in 1814, the act provided for a special election to be held at the seat of justice in March, 1815, for the purpose of electing a representative for the County to the Territorial Legislature. Whereupon Seth Gard was duly elected, which position he held until the admission of the State into the Union in 1818.

The town of Palmyra, Edwards County, Illinois, was created the 22d of April, 1815, by the joint act of Seth Gard, Peter Keen, Gervase Hazleton, Levi Compton, and John Waggoner, which association was known as Seth Gard & Company. The town was situated at a sluggish bend on the river within the confines of two fractional lots, numbered four and five in township one south of the base line, in range twelve west of the second meridian. For some reasons the proprietors of the Town withheld the deed of donation to the County until the 7th of May, 1816.

Levi Compton, Edwards County. (History of Edwards, Lawrence and Wabash Counties, Illinois, J. L. McDonough & Co., publishers, Philadelphia, 1883.) Levi Compton was the son of John and Elizabeth Compton, born February 1st, 1766, in Fairfax County, Virginia. He was the grandson of John Compton, born in Charles County, Maryland, and Mary, his wife, born in England. Levi Compton married Rosanna, daughter of Stephen and Nancy Therwesse, who was born in St. Mary's County, Maryland, February 15th, 1770. Levi Compton was undoubtedly the first permanent settler of what

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is now known as Wabash County. He moved from Virginia to Kentucky in 1792 and remained there until 1801, when he came to the Northwestern Territory. He brought with him from Kentucky a slave, named Dennis Sales. He was a large slave owner in Kentucky, but like a great many more men in his day who were of broad and liberal minds, disliked slavery. He set them free before leaving Kentucky — all but old Dennis, and gave him his freedom soon after coming to Illinois.

Levi Compton settled on the Wabash, on a tract known as "Compton's Grant." In 1804 he moved to a point about sixty rods from the northern boundary of Allendale in Wabash precinct, and there he and his neighbors built a fort, which was known as "Compton Fort." It was one-fourth of a mile from Jourdan's block-house. Both were built as a protection against the Indians, who then roamed at will through Illinois. In 1816 he settled in what was still known as "Compton's Prairie" as late as 1843. He was county treasurer of Edwards County 1815-1819. He was a conspicuous man in the pioneer days of Illinois. (Edwards County History, page 97.)

CRAWFORD COUNTY.

We come now to the last, but in extent, the largest of the Counties, CRAWFORD. Its boundaries show the sparseness of the early settlement in the northern part of the State; it extended from the third principal meridian to the Indiana line and Lake Michigan, and from about two-thirds down the State it ran north to the Wisconsin line. Within its limits, beside many others of our important and wealthy counties, lay what is now Cook County, Chicago being then but a few houses clustered around the site of Fort Dearborn. The population was almost entirely in the southeastern corner. The members were Kitchell and Cullom.

Edward N. Cullom, prominent and early settler of Crawford County, came from Wayne County, Kentucky, making the trip in wagons, the principal mode of transportation at that time. Landed at Palestine or rather Fort LaMotte November 25th, 1814. Mr. Cullom was a man of prominence in the County and served in a number of responsible positions.

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Was a large land owner; the first crop of corn that he raised he loaded in flat-boat and took to New Orleans. It was the first boat that ever went out of the Wabash River from the Illinois side. He paid $150.00 for the boat, and at New Orleans sold it and the cargo for $1,300 in money; then made his way home overland through the "Indian Nation" as it was then known. His money was in two $500.00 "post notes," as they were called, or bank drafts, and the remainder in specie. That was an enormous sum of money for those days, and Cullom was considered a very rich man. He laid it out mostly in lands, and became one of the largest land owners in southern Illinois. In later years, however, he lost the large part of it by going the security of others and died a comparatively poor man.

The following were the sons of Mr. Cullom: Francis, William, Leonard D., Edward N., Thomas F., and George W.

The first term of the County Court of Crawford County was held at the house of Edward N. Cullom near the present town of Palestine on February 26th, 1817.

The first term of Court was held by Edward N. Cullom and John Dunlap, justices of the peace.

The second term of County Court, Crawford County was held by Edward N. Cullom, John Dunlap and Isaac Moore, 23rd and 24th of June, 1817.

The land on which the town of Palestine was laid out was owned by Edward N. Cullom and Joseph Kitchell.

The first county commissioners of Crawford County were: Wickliffe Kitchell, Edward N. Cullom and William Barbee.

The first Circuit Court held for Crawford County convened on Monday, September 15th, 1817, at the house of Edward N. Cullom.

The first county commissioners, or as they were then called, county justices of the peace, were elected or appointed February 26th, 1817, and were E. N. Cullom, John Dunlap and Isaac Moore. The next year, 1818, this board was increased to twelve members and Edward N. Cullom was one of the number. In 1819 it dropped back to three commissioners as

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follows: Edward N. Cullom, Wickliff Kitchell and William Barbee. (Page 49, Crawford County History.)

In 1821 Aaron Ball, David Stewart and Edward N. Cullom were county commissioners.

In the constitutional convention held at Kaskaskia in July, 1818, Crawford County was represented by Joseph Kitchell and Edward N. Cullom.

Joseph Kitchell came from a family well known in Crawford County and lived near Palestine; his brother Wickliff Kitchell, was attorney-general of the State. Joseph Kitchell's wife was the daughter of a Revolutionary officer under Washington. Considerable about the Kitchell family is found in an article on Palestine in the Transactions of 1905. Joseph Kitchell was first state senator from Crawford County, and also a senator in the Second General Assembly, 1820-22. It being through the courtesy of a nephew of Mr. Kitchell that the State possesses its copy of the Journal, and it is to be hoped that a separate article can be written by some one conversant with all the facts as to this early statesman from Crawford County, along the lines of that most excellent series by Dr. Snyder.

We have found in our search, that the members divided themselves into two different and distinct classes. Some, such as Thomas, Kane, and others, appear very often in the history and we have merely noted a few of the most prominent facts concerning them. Others were doubtless brave, energetic and able pioneers, selected by their neighbors to represent them at this time, coming up to Kaskaskia and doing their duty in launching the new commonwealth, and then going back to their farms or other occupations to take their part in building up the State government they planned, but leaving little written record of their useful lives. As to these, the small amount of information that is given, has cost more search then the larger amount for the better-known members. It is to be hoped, however, that through the researches of local historians in the various counties from which they came, we can — at least by 1918 — be in possession of a reasonably complete biography of each member of this convention. It

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may be proper here to state that much of the information as to some of the members, has been taken from the Historical Encyclopedia of Illinois, compiled by Bateman and Selby.

From a study of the same original sources from which, doubtless, the articles in that work were compiled, we could find little additional information as to those members and therefore used it substantially in the form therein contained.

Let us now briefly take up the proceedings of the convention, as shown by its Journal.

Upon the roll-call the first day, all but four of the members were present. Jesse B. Thomas, one of the most prominent and able of the delegates, was chosen president pro tem., T. V. W. Varick, secretary pro tem. and Ezra Owen, doorkeeper. Afterwards Mr. Thomas was elected the permanent president, William C. Greenup, secretary, and Ezra Owen, sergeant-at-arms.

William C. Greenup of Randolph County, the clerk of the convention, had been clerk of the first Territorial House of Representatives, which convened at Kaskaskia in 1812. He was lieutenant and captain in the War of 1812; secretary of Senate, First General Assembly, 1818-20.

Ezra Owen, the sergeant-at-arms, had been quarter-master in the War of 1812. He must have been a good legislative door-keeper, as he served in that capacity in the council of the Third Territorial Legislature, 1816-18, and in the Senate 1818-1822.

Mr. Thomas, on his election, made a short and dignified address, which is the only one reported verbatim in the Journal. It is apparent from the rules adopted, that it was thought possible that some stenographer might be present and take down the debates. What interesting reading such an account of the transactions would now present, if preserved to us, even through the imperfect system of shorthand of those days! A committee of three on credentials and a committee on rules were appointed, also a committee to request some minister to open the next meeting with prayer.

On Tuesday, the second day of the convention, at 9 A. M., the convention met and was opened with prayer by Rev. Mr.

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Mitchell. The two representatives from Jackson County and the two from Washington County took their seats. A committee was then appointed with Elias K. Kane at the head, to examine the returns in the office of the territorial secretary and report if the same showed a population of 40,000, and as if fearful that some deficiency in number might still remain, the motion provided that the committee "receive and report such other evidence of the actual population of the Territory as to them shall seem proper." The convention found the whole number of inhabitants to be 40,258, and it was therefore resolved that it was expedient to form a constitution and state government.

I find no authority for the hints sometimes thrown out that the returns were somewhat "padded." Even the Congress at Washington, in discussing the question, seemed to be slightly skeptical as to the number. At any rate, the State certainly has enough now, and perhaps it was just as well at that struggling period that the honorable members were not required to swear that all the inhabitants were human and that the number reported included no canine or ophidian inhabitants.

For some reason Mr. Kane desired to postpone the consideration of this resolution until the next day, but the convention decided otherwise. In the meantime the committee on credentials had reported that the sitting members were entitled to their seats. It was then decided to appoint a committee of fifteen, one from each County, to frame and report a constitution, which was done.

At nine o'clock Thursday, the convention met again and the committee on rules reported and the draft submitted by said committee was adopted. Measures were taken for printing copies of the rules, the proposed constitution and the journal of the proceedings.

The public printers, Robert Blackwell and Elijah C. Berry, were two men of considerable importance in the new State. They had been associated in the publication of the "Herald" at Kaskaskia and had done the public printing; the name of the paper was afterwards changed to the "Western Intelligencer"

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and then to the "Illinois Intelligencer," which was its name during the convention. Daniel P. Cook and James Hall were also at various times connected with the papers. Considerable may be found about these early printers and editors in "Newspapers and Periodicals of Illinois" published by the Historical Library as Volume 6 of the Historical Collections.

Robert Blackwell, in April, 1817, succeeded Cook in the office of territorial auditor of public accounts, being himself succeeded by Elijah C. Berry. Blackwell located at Vandalia and served as member of the House from Fayette County, in the Eighth and Ninth General Assemblies (1832-36), and in the Senate, 1840-42. Mr. Berry was auditor from August 28th, 1817, in territorial days until 1831. He was also appointed adjutant-general in 1821 and 1828. Newspaper men in those days, as now, stood well with the "powers that be."

Two motions to appoint committees to draft the ordinance, were then postponed for consideration the following day. Mr. Kane made these motions and as apparently the work of drafting the constitution fell to his lot, it may have been because he was not ready to present the result of his labors or because as leader of one side of the convention, he thought his followers had not been sufficiently "lined up", and some delay was required — just as is often expedient in conventions still.

On Friday, August 7th, the convention met again at nine o 'clock. At this time Mr. Kane presented two petitions from sundry inhabitants of Randolph County, concerning certain declarations of a religious nature, which the petitioners desired to have appear in the constitution. Governor Ford states that they were presented by Rev. Wiley and his congregation of the sect called Covenanters. After being referred to a committee, it was finally decided near the close of the convention, that the consideration on the petitions be postponed until March 4, 1819; and Ford states that the Covenanters had in his time never yet recognized the State government and had refused to work the roads, serve on juries and hold offices; that for a long time they refused to

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vote, but in the struggle for a pro-slavery constitution in 1824, they voted unanimously on the side of freedom.

On motion of Mr. Kane, the drafting of the ordinance concerning the propositions of the United States was left with the committee appointed to draft the constitution, if they thought expedient to accept such propositions.

On Monday, August 10th, practically nothing was done, probably on account of Mr. Mangham's illness; and on Tuesday, August 11th, Mr. Bankson announced the death of his colleague, early that morning.

As showing the lack of information which has existed concerning the convention, until the presentation of this copy of the Journal to the State, we may note that Mr. Mangham's name was not known heretofore, the "Blue Book" and other publications leaving a blank as to that member from Washington County. After the appointment of the committee to make arrangements for the funeral, the convention adjourned until the following day.

On Wednesday morning the convention met and took up the question of printing the journals and the draft of the constitution. Mr. White, from the committee to frame the constitution, then reported the draft. In general it is the same as was finally adopted, although a number of important changes were made. In most of the places where periods of time, ages, or amounts of salary were mentioned, a blank was left in the draft, to be filled in by the convention later. The committee also reported a draft of an ordinance accepting the propositions of the United States concerning certain matters. It was ordered that thirty-three copies of the draft be printed (one for each member) and the convention adjourned until the following morning.

On Thursday, the 13th, the convention proceeded to read the first part of the constitution, section by section, and made a few changes.

On Friday, the 14th, it was decided that no election should be called to fill the vacancy caused by Mr. Mangham's death, as it could not be done in time to be of any value. On this day and on Saturday, the convention continued to read the

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draft, section by section, and make various changes. On Monday the convention proceeded to read the draft a second time, section by section. Up to this time, so far as the journal discloses, there was considerable unanimity and no roll-call.

On Tuesday, August 18th, the sections relating to slavery were taken up and from then on, the divisions in the convention became more apparent, several roll-calls being taken. Professor Harris in his "History of Negro Servitude in Illinois," although he states that he did not have the Journal of the convention before him, has a valuable discussion on the attitude of the members. He divides them into three different classes; those who strongly supported slavery and those strongly against it, and the more numerous class that prevailed, composed of those who wished to compromise. By means of a tabulation showing each member's vote on the various roll-calls, some idea can be had of the sentiment on the various matters. The limits of this article will not permit of a careful analysis of the votes, but the Journal is well worthy of a careful study along those lines. During the last days of the convention three roll-calls were had on the questions of slavery and several on the question of salaries, one group apparently desiring greater economy than others in such matters, although even the most extravagant salaries proposed would be extremely small at the present time.

There were also two roll-calls as to the seat of government and two as to extensions of the right of suffrage, and several concerning the various officers of the new State.

Ford states an interesting fact as to one of the articles of the schedule, to the effect that it was expected that Shadrach Bond would be governor and the convention wished Elijah C. Berry as auditor of public accounts, but thought that Governor Bond might not appoint him and so provided for the appointment of the auditor, among other officials, by the General Assembly. He also states that a special provision was made as to the qualification of the lieutenant-governor, with reference to length of residence in the territory, so that Pierre Menard might be elected to that office.

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We find we have reached the limit of space which should be alloted to this article and have only touched a few of the matters which the publication of this Journal should open up as to our early history. We will, therefore, only mention those matters, with the hope that some one more able and conversant with the facts, and with sufficient time for a systematic study, may feel impelled to treat of them.

One of the most important points is a study of the sources of the various provisions of the constitution. Much of it apparently follows the constitution of the United States, as would be expected, and as to that part it is illogical to refer it to any of the other state constitutions, because they in their turn merely copied the federal document. It was also natural that some of the provisions should be taken from the constitutions of Ohio, Kentucky, and Indiana, as those states had gone through the process of constitution making themselves not so very long before, and were more nearly connected with the new State by their respective conditions, than any of the original thirteen states. It was also to be expected that some New York ideas would be incorporated, by reason of the fact that Kane is supposed to have had much to do with the draft of the constitution.

Another question is that of the various sites which were offered for the State Capital. An article describing and showing photographs of these sites at the present day would be most interesting. They included Kaskaskia itself, Covington, Pope's Bluff, Hill's Ferry (or Fredonia) and Vandalia. Another interesting study could be made from a careful tabulation of the votes on roll-call and the motions made; as to which members voted together, not only on slavery, but on the other questions, thus showing the early political cleavage which, as Reynolds says, was not by parties, but by groups of men allied together by reason of friendship or interest.

All of these matters and others, the publication of this one faded volume, the Journal of the Convention, opens up. While, as has been said, much of the journal is too formal to be interesting reading, I believe that it forms a valuable part of our State's history and that its selection by the editor of our

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Quarterly for publication in this manner was a wise choice, particularly in view of the approaching celebration of 1918.

It has been with much pleasure that the writer has gone this short distance in the study of a few of the many questions on which this journal throws light.

RICHARD V. CARPENTER.

Belvidere, Ill., October 1st, 1913.

The Gift of the Journal to the State of Illinois.

Pana, Ill., March 16th, 1905.

Hon. James A. Rose, Secretary of State, Springfield, Ill.

Dear Sir: — I have the honor to present herewith to the State of Illinois through you, the keeper of its archives, a printed copy of the original Journal of the Constitutional Convention, which met at Kaskaskia in the then Territory of Illinois, in the year 1818, elected in pursuance of an act of Congress to prepare and present for adoption by the people of such territory a constitution for the future State of Illinois.

I have learned from you that no copy of such Journal, either written or printed, is to be found in your office and so far as known no other copy is now in existence. The present copy descends to me as a kind of heirloom from my father, the late Wickliff Kitchell, at one time attorney general of the State, and closely connected with the early history of the State, and came to him, no doubt, from his brother, Joseph Kitchell, one of the members of that convention from the County of Crawford.

As appears from the Journal itself, 500 copies were ordered to be printed, but as they were only stitched and unbound they were easily destroyed. This particular copy did not escape rough usage, at a period before my own recollection. It has

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remained in its present condition for very many years, and was apparently bound by the state printer after the title page and the proceedings of the last two days of the convention were torn away.

Imperfect as it is, the Journal contains all the substantial work of the convention, lacking merely the final record of the engrossment of the constitution and of the signatures of the members thereto.

I hardly need say that I prize it very highly, but deem it my duty to yield up its possession to the State as a necessary link in the chain of its history, and where it can be preserved as a relic of that period so important in connection with its marvelous growth.

Very respectfully,

J. W. KlTCHELL.

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Journal of the Convention.

AT A CONVENTION begun and held at the town of Kaskaskia on Monday the third day of August, in the year of our Lord one thousand eight hundred and eighteen, for the purpose of forming a constitution and state government pursuant to the act of congress passed on the 18th of April, 1818, entitled "An act to enable the people of the Illinois 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:" A majority of representatives appearing, Jesse B. Thomas was chosen president, T. V. W. Varick, secretary and Ezra Owen, door-keeper pro. tem.

The representatives from the several counties were then called, and the following named members were present and took their seats, to-wit:

From Bond — Tho's Kirkpatrick & Samuel G. Morse.

From Madison — Abraham Prickett, J. Borough and Benjamin Stephenson.

From St. Clair — James Lemen, John Messinger and Jesse B. Thomas.

From Monroe — Caldwell Cairns and Enoch Moore.

From Randolph — Elias K. Kane and George Fisher.

From Johnson — Hezekiah West and W. M'Fatridge.

From Union — William Echols and John Whiteaker.

From Pope — Samuel Omelveny and Hamlet Ferguson.

From Franklin — Isham Harrison and Tho's. Roberts.

From Gallatin — Michael Jones, Leonard White and Adolphus F. Hubbard.

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From White — Willis Hargrave and Wm. M'Henry.

From Edwards — Seth Gard and Levi Compton.

From Crawford — Joseph Kitchell and Edward N. Cullom.

On motion,

Ordered, that the Convention now proceed by ballot to elect a secretary, whereupon a ballot was taken, and on counting the same, William C. Greenup was declared to be duly elected, who gave his attendance accordingly.

On motion,

Ordered, that the Convention now proceed to the choice of a president, whereupon a ballot was taken, and on counting the same, Jesse B. Thomas was declared to be duly chosen, who made acknowledgements for that honor in the following words:

Gentlemen,

Impressed with the high sense of the honor confered on me by being called to the chair, and doubting my own abilities to fill the situation with propriety, it is with extreme diffidence that I enter upon the discharge of the duties of the situation thus assigned me: I can only assure you that so far as I possess the capacity nothing shall be wanting on my part to support the dignity of this convention. And whilst I solicit your aid and indulgence on this occasion, suffer me to remark that a spirit of indulgence and harmony amongst ourselves is the surest guarantee to a happy termination of the great work before us: and thereupon, he took the chair.

On motion,

Ordered, that the convention now proceed to elect a sergeant-at-arms, whereupon a ballot was taken, and on counting the same, Ezra Owen was declared to be duly elected, who gave his attendance accordingly.

On motion of Mr. Kane,

Resolved, that a standing committee of three be appointed to examine the certificates of the setting members of this convention and report thereon.

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Ordered, that Messrs. Kane, Stephenson and Hargrave be that committee.

On motion of Mr. Messinger,

Resolved, that a committee of three be appointed whose duty it shall be to form or adopt a set of rules and regulations for the government of the convention.

Ordered, that Messrs. Messinger, Fisher and Cullom be that committee.

On motion of Mr. Moore,

Resolved, that a committee of three be appointed whose duty it shall be to wait upon some minister of the gospel on behalf of this convention and request his attendance to open their next meeting with prayer.

Ordered, that Messrs. Moore, Gard and Hubbard be that committee.

Then the Convention adjourned until to-morrow morning, 9 o'clock.

Tuesday, August 4, 1818.

The Convention met, and was opened with an appropriate solemn prayer by the reverend Mr. Mitchell, at the request of the committee appointed for that purpose on yesterday.

Four other representatives appeared and took their seats, to-wit:

From Jackson county — Conrad Will and James Hall.

From Washington County — Andrew Bankson and John K. Mangham.

On motion of Mr. Kane,

Resolved, that a committee of three be appointed to examine the returns made to the secretary's office of this territory, in conformity with the acts of the territorial legislature passed at their last session directing a census of the inhabitants of said territory to be taken, and make report thereon. And also, to receive and report such other evidence of the actual population of the territory as to them shall seem proper.

Ordered, that messrs. Kane, Kitchell and Cairns be that committee.

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The Convention then adjourned until to-morrow morning 9 o'clock.

Wednesday, August 5, 1818.

The Convention met.

Mr. Kane from the committee appointed to examine the certificates and other vouchers of the setting members of this convention reported that the following gentlemen were duly elected and are entitled to their seats:

From the county of Bond — Samuel G. Morse and Thomas Kirkpatrick.

Madison — Benj. Stephenson, Abraham Prickett and Joseph Borough.

St. Clair — James Lemen, jr. John Messinger and Jesse B. Thomas.

Washington — John K. Mangham and Andrew Bankson.

Monroe — Enoch Moore and Caldwell Cairns.

Randolph — George Fisher and Elias K. Kane.

Jackson — Conrad Will and James Hall, jr.

Union — William Echols and John Whiteaker.

Johnson — Hezekiah West William M'Fatridge.

Franklin — Isham Harrison and Thomas Roberts.

Gallatin — Michael Jones, Leonard White and Adolphus F. Hubbard.

Pope — Samuel Omelvenvy and Hamlet Ferguson.

White — Willis Hargrave and William M'Henry.

Edwards — Seth Gard and Levi Compton.

Crawford — Joseph Kitchell and Edward N. Cullom.

Which said report was read, considered and concurred in by the convention.

Mr. Kane from the committee appointed to examine the returns made by the commissioners in obedience to the acts of the territorial legislature, directing a census of the inhabitants of the territory to be taken; and to receive and report such other evidences of the state of the population of the said territory as to them should seem proper, reported, that the commissioners aforesaid have returned to the office of the secretary of the territory from the several

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counties, the following number of inhabitants, viz:

From the county of Bond 1398
  Madison 6303
  St. Clair 5039
  Washington 1819
  Monroe 1517
  Randolph 2974
  Jackson 1619
  Johnson 767
  Union 2709
  Pope 2069
  Franklin 1281
  Gallatin 3849
  White 3832
  Edwards 2243
  Crawford 2839
Making the whole number of inhabitants within the territory 40,258

Which said report was read, considered and concurred in by the convention.

Mr. Fisher from the committee appointed to form or adopt a set of rules and regulations for the government of the convention, made their report, which was read, considered and amended; and on motion of Mr. Fisher, the further consideration thereof was postponed until tomorrow.

Mr. Prickett offered the following resolution:

Whereas it appears from the census directed to be taken of the inhabitants of the Illinois territory by the legislature thereof, that there are upwards of 40,000 inhabitants within it, therefore,

Resolved, that it is expedient to form a constitution and state government.

Mr. Kane moved to postpone the consideration of the resolution until to morrow, which motion was determined in the negative. The resolution was then considered and passed by the convention.

On motion of Mr. White,

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Resolved, that a committee of fifteen, one from each county, be appointed whose duty it shall be to frame and report to this convention a constitution for the people of the territory of Illinois.

Ordered, that Messrs. White, Kane, Prickett, Lemen, Cairns, Cullom, Hargrave, Compton, Roberts, Kirkpatrick, Bankson, Hall, West, Echols and Omelveny be that committee.

On motion of Mr. Kitchell,

Resolved, that a committee of three be appointed to contract with Messrs. Blackwell and Berry for printing the journals of this convention.

Ordered, that Messrs. Kitchell, Ferguson and Borough be that committee.

The Convention then adjourned until to-morrow morning 9 o'clock.

Thursday, August 6, 1818.

The Convention met.

On motion of Mr. Cullom,

The Convention proceeded to consider the report of the committee appointed to form or adopt a set of rules and regulations for the government of the Convention, and the same being read and amended, was concurred in and passed by the convention, as follows:

RULES AND ORDERS FOR CONDUCTING THE BUSINESS OF THE CONVENTION OF ILLINOIS.

THE DUTIES OF THE PRESIDENT.

He shall take the chair every day precisely at the hour to which the convention shall been adjourned on the preceding day; shall immediately call the members to order, and on the appearance of a quorum, shall cause the journal of the preceding day to be read.

He shall preserve decorum and order; may speak to points of order in preference to other members, rising from his seat for that purpose, and shall decide questions of order subject to an appeal to the convention by any

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two members; on which appeal, no member shall speak more than once, unless by leave of the convention.

He shall rise to put a question, but may state it sitting.

Questions shall be distinctly put in this form, to-wit: "as many as are of opinion that (as the question may be) say aye," and after the affirmative voice is expressed, "as many as are of the contrary opinion say no." If the President doubts or a division be called for, the convention shall divide; those in the affirmative of the question shall first rise from their seats, and afterwards those in the negative. If the President still doubts, or a count be required, the President shall name two members, one from each side to tell the members in the affirmative, which being reported, he shall then name two others, one from each side to tell those in the negative, which being also reported, he shall rise and state the decision to the Convention.

The President shall examine and correct the Journal before it be read. He shall have a general direction of the Hall. He shall have the right to name any member to perform the duties of the chair, but such substitution shall not exceed beyond an adjournment.

All committees shall be appointed by the President, unless otherwise specially directed by the Convention, in which case they shall be appointed by ballot; and if upon such ballot, the number required shall not be elected by a majority of the votes given, the Convention shall proceed to a second ballot, in which a plurality of votes shall prevail; and in case a greater number than is required to compose or complete a committee shall have an equal number of votes, the Convention shall proceed to a further ballot or ballots.

In all cases of ballot by the Convention, the President shall vote, in other cases he shall not vote, unless the Convention be equally divided, or unless his vote, if given to the minority will make the division equal, and in case of such equal division, the question shall be lost.

In case of any disturbance or disorderly conduct in

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the galleries or lobby, the President shall have power to order the same to be cleared.

Stenographers wishing to take down the debates may be admitted by the President, who shall assign such places to them on the floor, or elsewhere to effect their object, as shall not interfere with the convenience of the Convention.

OF DECORUM AND DEBATE.

When any member is about to speak in debate, or deliver any matter to the Convention, he shall rise from his seat and respectfully address himself to "Mr. President" (not moving on the floor) and shall confine himself to the question under debate, and avoid personality.

If any member, in speaking, or otherwise transgress the rules of the Convention, the President shall or any member may call to order; in which case the member so called to order, shall immediately sit down, unless permitted to explain; and the Convention shall, if appealed to, decide on the case, but without debate; if there be no appeal, the decision of the chair shall be submitted to; if the decision be in favor of the member called to order he shall be at liberty to proceed; if otherwise, and the case require it, he shall be liable to the censure of the Convention.

When two or more members happen to rise at once, the President shall name the member who is first to speak.

No member shall speak more than once to the same question, until every member choosing to speak shall have spoken.

Whilst the President is putting any question, or addressing the Convention, none shall walk out of, or across the room; nor in such case, or when a member is speaking, shall entertain private discourse, nor whilst a member is speaking shall pass between him and the chair.

Every member who shall be in the convention when the question is put, shall give his vote, unless the Convention, for special reasons, shall excuse him.

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When a motion is made and seconded, it shall be stated by the President, or being in writing, it shall be handed to the chair, and read aloud by the Secretary before debated.

Every motion shall be reduced to writing, if the President or any member desire it.

After a motion is stated by the President, or read by the secretary, it shall be deemed in the possession of the Convention; but may be withdrawn at any time before a decision or amendment.

When a question is under debate, no motion shall be received but to adjourn.

A motion to adjourn shall always be in order, and shall be decided without debate.

No person shall be permitted to smoke tobacco in the convention while in session.

In debate, no person shall speak more than three times to the same question without leave of the convention.

After the President has called to order on each day, there shall be no reading of newspapers or any other documents, that does not immediately concern the business for which we are convened.

The yeas and nays shall be taken when requested by any five of the members of this convention.

Each and every article which may be contained in the draft of a constitution presented by any committee, or member, shall be separately considered by the convention; and no article shall be considered as a part of the constitution, until the same shall have been read on three different days, unless such readings shall have been dispensed with by the votes of two-thirds of the whole number of the members elected.

It shall be the duty of the sergeant-at-arms, to attend the convention during its sitting; to execute the commands of the convention from time to time, together with all such process issued by authority thereof, as shall be directed to him by the president.

It shall be the duty of the secretary, to keep a book, in which he shall seasonably record the motions, rules and

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decisions of the convention, and to do and perform all such other acts pertaining to his office, as may be required of him by the president or the convention.

On motion of mr. Borough,

Resolved, that the committee appointed to contract for the printing of the journals of this convention be authorized to contract for the printing of thirty-three copies of the rules and regulations of the convention at the individual expense of the members; and also for the printing of thirty-three copies of the constitution when reported by the committee appointed for that purpose, at the public expense.

On motion of mr. Fisher,

Resolved, that a committee of two be appointed to contract for stationary for the use of the convention.

Ordered, that messrs. Fisher and M'Henry be that committee.

Mr. Gard offered the following resolution:

Resolved, that a committee be appointed to draft an ordinance to establish the bounds of the state of Illinois and for other purposes. On motion of mr. Kane, the consideration of the said resolution was postponed until to-morrow.

Mr. Hubbard offered the following resolution:

Resolved, that a committee of five be appointed to draft an ordinance acknowledging and ratifying the donations made by an act of congress passed in April, 1818. On the motion of mr. Kane, the consideration of the said resolution was postponed until to-morrow.

On motion of mr. Kitchell,

Resolved, that the committee appointed to contract for the printing of the journals of this convention be authorized to contract for the printing of five hundred copies of the same.

The Convention then adjourned until to-morrow morning 9 o'clock.

FRIDAY, August 7, 1818.

The Convention met.

Mr. Messinger moved to reconsider the resolution

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passed on yesterday authorizing the committee appointed to contract for printing the journals of this convention, to contract for printing 500 copies of the same: which motion was decided in the negative.

Mr. Kane presented two petitions signed by sundry inhabitants of Randolph county, one praying that this convention shall declare in the constitution to be formed that the moral law is the basis of its structure, and acknowledge therein an universal parent. The other praying that this convention may declare the scriptures to be the word of God, and that the constitution is founded upon the same: which said petitions were received and read:

On motion of mr. Kitchell,

Resolved, that the petitions from sundry citizens of Randolph county be refered to a select committee of five, with leave to report thereon.

Ordered, that messrs. Kitchell, M'Fatridge, Will, Whiteaker and Harrison be that committee.

On motion of mr. Messinger,

The Convention proceeded to consider the resolution offered on yesterday by mr. Gard, to appoint a committee to draft an ordinance to establish the bounds of the state of Illinois and for other purposes. On the motion of mr. Fisher, the convention was discharged from the further consideration of the said resolution.

On motion of mr. Hubbard,

The Convention proceeded to consider the resolution offered yesterday by him: Mr. Kane then moved an amendment thereto by way of substitute, which was passed by the convention as follows:

Resolved, that the committee appointed to draft the constitution, be instructed to consider of the expediency of accepting or rejecting the propositions made to this convention by the congress of the United States, and if in their opinion it shall be expedient to accept the same, it shall be their further duty to draft an ordinance irrevocable, complying with the conditions annexed to the acceptance of such propositions in the act for the admission of this territory in the union, and report thereon.

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The Convention then adjourned until to-morrow morning, 9 o'clock.

Saturday, August 8, 1818.

The Convention met, and adjourned until next Monday morning 9 o'clock.

Monday, August 10, 1818.

The Convention met.

Mr. Cullom asked and obtained leave to lay before the convention a draft of sundry additional rules and regulations for the government of the convention which were handed in at the secretary's table and read: and on the motion of mr. Cullom, the same was ordered to be laid on the table until to-morrow.

Then the Convention adjourned until to-morrow morning, 9 o'clock.

Tuesday, August 11, 1818.

The Convention met.

Mr. Bankson addressed the President as follows:

Mr. President,

It is with deep regret I have to announce to you and to this convention, the death of one of its members, my colleague John K. Mangham, who departed this life at one o'clock this morning.

On the motion of Mr. White,

Resolved, that the members of this convention be requested to wear crape on the left arm for the space of 30 days in testimony of their respect for the memory of the late John K. Mangham, a member from the county of Washington.

Resolved, that a committee of three be appointed to make the necessary arrangements for the funeral service and burial of John K. Mangham, late a member of this convention.

Ordered, that messrs. White, Bankson and Morse be that committee.

The Convention then adjourned until to-morrow morning 9 o'clock.

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Wednesday, August 12, 1818.

The Convention met.

On the motion of Mr. Cullom,

The Convention proceeded to consider the propositions of sundry additional rules and regulations for the government of the convention offered by mr. Cullom on Monday last, which being taken up and read, the question being put on adopting the same, it was determined in the negative.

Mr. Kitchell from the committee appointed to contract with messrs. Blackwell and Berry, for printing the journals, etc. of the convention, reported the following contract which they had made, to-wit:

KASKASKIA, August 8, 1818.

To the Committee appointed to contract for printing the Journals of the Convention of Illinois.

GENTLEMEN —

We the undersigned propose to print the journals of the convention of Illinois, now in session, on the following terms, viz.

For composing each page $ 1 00
  paper, per ream, (20 quires) $ 6 00
  press work, per to token, (10 qrs.) $ 1 00
  folding and stitching, per copy   06

The work shall be executed as expeditiously as possible. It is understood that all the printing that we do, is to be done on the same terms.

Your's respectfully

BLACKWELL & BERRY,

Public Printers.

The committee have had the above proposals under consideration, and have agreed to have 500 copies of the journals printed, agreeably to the direction of the convention, and thirty-three copies of the draft of the constitution as reported by the committee.

Which said proposals and report being read, on the

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motion of mr. Cullom, they were concurred in by the convention.

Mr. White from the committee appointed to frame and report to this convention a constitution for the people of the territory of Illinois, reported that the committee had performed that duty, and had made a draft of a constitution, which was then handed in at the secretary's table, where the same was read as follows, to-wit:

THE DRAUGHT etc.

WE, the representatives of the people of the Illinois territory, having the right of admission into the general government as a member of the Union, consistent with the constitution of the United States, the ordinance of Congress of 1787, and the law of Congress, "approved April 18, 1818," entitled, "An act to enable the people of the Illinois 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, and for other purposes;" in order to establish justice, promote the welfare, and secure the blessings of liberty to ourselves and our posterity, 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 ILLINOIS. And we do hereby ratify the boundaries assigned to such state by the act of Congress aforesaid, which are as follows to-wit: Beginning at the mouth of the Wabash river thence up the same, and with the line of Indiana, to the north west corner of said state; thence east with the line of the same state, to the middle of lake Michigan; thence north along the middle of said lake to north latitude forty-two degrees thirty minutes; thence west to the middle of the Mississippi river; and thence down along the middle of that river to its confluence with the Ohio river; and thence up the latter river along its north western shore to the beginning.

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ARTICLE I.

CONCERNING THE DISTRIBUTION OF THE POWERS OF GOVERNMENT.

SEC. 1. The powers of the government of the state of Illinois, shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to-wit: Those which are legislative to one; those which are executive to another; and those which are judiciary, to another.

SEC. 2. No person or collection of persons, being one of those departments, shall exercise any power, properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.

ARTICLE II.

SEC. 1. The legislative authority of this state, shall be vested in a general assembly, which shall consist of a Senate and House of Representatives, both to be elected by the people.

SEC. 2. Members to the house of representatives shall be chosen — on the — in August, and shall continue in service for the term of — from the day of the commencement of the general election.

SEC. 3. No person shall be a representative who shall not have attained the age of — years, and be a citizen of the United States, and an inhabitant of this state: Shall also have resided within the limits of the county or district in which he shall be chosen — months next preceding his election, unless he shall have been absent on the public business of the United States or of this state.

SEC. 4. The senators shall be chosen on the — of August — by the qualified voters for representatives; and at their first session after this constitution takes effect, they shall be divided by lot, from their respective counties or districts, as near as can be, into two classes; the seat of the senators of the first class shall be vacated at the expiration of the — year, and of the second class, at the expiration of the — year, so that one half thereof,

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as near as possible, may be — chosen forever thereafter.

SEC. 5. The number of senators and representatives shall at the first session of the general assembly, holden after the returns herein provided for are made, be fixed by the legislature and apportioned among the several counties or districts to be established by law according to the number of free white inhabitants, the number of representatives shall never be less than — nor more than — until the number of inhabitants within this state shall amount to — but the representatives at no time thereafter shall exceed — hundred, and the number of senators shall never be less than one third, nor more than one half of the number of representatives.

SEC. 6. No person shall be a senator who has not arrived at the age of — years, and is a citizen of the United States, shall have resided — year in the county or district immediately preceding the election, unless he shall have been absent on the public business of the United States or of this state, and shall moreover have paid a state or county tax.

SEC. 7. The senate and house of representatives when assembled, shall each choose a speaker, and its other officers; be judges of the qualifications and elections of its members, and sit upon its own adjournments. Two-thirds of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day and compel the attendance of absent members.

SEC. 8. Each house shall keep a journal of its proceedings and publish them; the yeas and nays of the members on any question, shall at the desire of any two of them be entered on the journals.

SEC. 9. Any two members of either house shall have liberty to dissent from, and protest against any act or resolution which they may think injurious to the public or any individual, and have the reasons of their dissent entered on the journals.

SEC. 10. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour,

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and with the concurrence of two-thirds, expel a member, but not a second time for the same cause.

SEC. 11. When vacancies happen in either house, the governor or the person exercising the powers of the governor, shall issue writs of election to fill such vacancies.

SEC. 12. Senators and representatives, shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to, and returning from the same, and for any speech or debate in either house, they shall not be questioned in any other place.

SEC. 13. Each house may punish by imprisonment during their sessions, any person not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behaviour in their presence, provided such imprisonment shall not at any one time exceed twenty-four hours.

Sec. 14. The doors of each house and of committees of the whole, shall be kept open, except in such cases as in the opinion of the house requires secrecy. Neither house shall without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting.

SEC. 15. Bills may originate in either house, but may be altered, amended, or rejected by the other.

SEC. 16. Every bill shall be read on three different days in each house, unless in case of urgency, three fourths of the house, where such bill is so depending, shall deem it expedient to dispense with this rule; and every bill having passed both houses, shall be signed by the speakers of their respective houses.

SEC. 17. The style of the laws of this state shall be "Be it enacted by the people of the state of Illinois, represented in the general assembly."

SEC. 18. The legislature of this state shall not allow the following officers of government greater annual salaries than as follows, until the year — The governor not more that — dollars; the secretary of state, not more than — dollars; the members of the legislature not more

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than — dollars per day, during their attendance on the legislature, nor more than — dollars for every twenty-five miles they shall travel in going to and returning from the general assembly.

SEC. 19. No senator or representative, shall during the time for which he shall have been elected, be appointed to any civil office under this state, which shall have been created, or the emoluments of which shall have been increased during such time.

SEC. 20. No money shall be drawn from the treasury but in consequence of appropriations made by law.

SEC. 21. An accurate statement of the receipts and expenditures of the public money, shall be attached to, and published with the laws annually.

SEC. 22. The house of representatives shall have the sole power of impeaching, but a majority of all the members must concur in an impeachment; all impeachments shall be tried by the senate; and when sitting for that purpose, the senators shall be upon oath or affirmation to do justice according to law and evidence; no person shall be convicted without the concurrence of two-thirds of all the senators.

SEC. 23. The governor and all other civil officers under this state, shall be liable to impeachment, for any misdemeanor in office; but judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, profit or trust under this state. The party whether convicted, or acquitted, shall nevertheless be liable to indictment, trial judgment and punishment according to law.

SEC. 24. The first session of the general assembly shall commence on the first Monday of — next; and forever after, the general assembly shall meet on the first Monday of — in every year, and at no other period, unless directed by law, or provided for by this constitution.

SEC. 25. No judge of any court of law, or equity, secretary of state, attorney-general, attorneys for the state, register, clerk of any court of record, sheriff or collector,

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member of either house of congress, or person holding any lucrative office, under the United States or this state, (provided that appointments in the militia or justices of the peace shall not be considered lucrative offices) shall become a candidate for, or have a seat in the general assembly.

SEC. 26. Whereas, the ministers of the gospel are by their professions, dedicated to God and the care of souls, and ought not to be diverted from the great duties of their functions: Therefore, no minister of the gospel or priest of any denomination whatever, shall be eligible to a seat in either house of the legislature.

SEC. 27. Every person who shall be chosen or appointed to any office of trust, or profit, shall before the execution thereof, take an oath to support the constitution of the United States and of this state, and also an oath of office.

SEC. 28. In all elections, all white male inhabitants, above the age of twenty-one years, having resided in the state six months next preceding the election, shall enjoy the right of an elector, but no person shall be entitled to vote, except in the county or district in which he shall actually reside at the time of the election.

SEC. 29. All votes shall be given vive voce until altered by the legislature.

SEC. 30. Electors shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same.

SEC. 31. The legislature shall have full power to exclude from the privilege of electing or being elected, any persons convicted of bribery, perjury or any other infamous crime.

SEC. 32. In the year one thousand eight hundred and — and every — year thereafter, an enumeration of all the white male inhabitants above the age of twenty-one years shall be made in such manner as shall be directed by law.

SEC. 33. No minister of the gospel, or priest of any

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denomination whatever, shall be compelled to do militia duty, work on roads or serve on juries.

SEC. 34. All bills for raising a revenue shall originate in the house of representatives, subject however to amendment or rejection as in other cases.

SEC. 35. No seat of justice which has been or may hereafter be established according to law, shall be removed until a full compensation shall be made to the persons injured by such removal in such manner as shall be prescribed by law: no new county shall be laid off by the legislature of this state unless a petition shall be presented to the legislature, signed by at least two hundred qualified voters, residing in the bounds of the district applying to be laid off. No petitions shall be received by the legislature praying for a new county, unless the same shall be published on the door of the court-house from which said county is intended to be taken, at least six months before the setting of the legislature to which they may apply.

ARTICLE III.

SEC. 1. The executive power of this state shall be vested in a Governor.

SEC. 2. The Governor shall be chosen by the electors of the members of the general assembly, on the — day of — at the same places and in the same manner that they shall respectively vote for members thereof. The returns for every election of governor shall be sealed up and transmitted to the seat of government by the returning officers, directed to the speaker of the senate, who shall open and publish them, in the presence of a majority of the members of each house of the general assembly. The person having the highest number of votes shall be governor, but if two or more shall be equal and highest in votes, then one of them shall be chosen governor by joint ballot of both houses of the general assembly. Contested elections shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law.

SEC. 3. The first Governor shall hold his office until

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the first Monday of — in the year of our Lord one thousand eight hundred and — and until another governor shall be elected and qualified to office, and forever after the governor shall hold his office for the term of — years, and until another governor shall be elected and qualified, but he shall not be eligible more than — years in any term of — years. He shall be at least — years of age, and have been a citizen of the United States — years, and an inhabitant of this — years next preceding his election.

SEC. 4. He shall from time to time give to the general assembly information of the state of the government, and recommend to their consideration such measures as he shall deem expedient.

SEC. 5. He shall have power to grant reprieves and pardons after conviction except in cases of impeachment.

SECTION 6. The governor shall at stated times receive a salary for his services which shall neither be increased nor diminished during the term for which he shall have been elected.

SEC. 7. He may require information in writing from the officers in the executive department upon any subject relating to the duties of their respective offices, and shall take care that the laws be faithfully executed.

SEC. 8. When any officer, the right of whose appointment is by this constitution vested in the general assembly, or in the governor and senate, shall during the recess die or his office by any means become vacant, the governor shall have power to fill such vacancy, by granting a commission which shall expire at the end of the next session of the general assembly.

SEC. 9. He may on extraordinary occasions convene the general assembly by proclamation, and shall state to them when assembled, the purpose for which they shall have been convened.

SEC. 10. He shall be commander in chief of the army and navy of this state, and of the militia, except when they shall be called into the service of the United States.

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SEC. 11. There shall be elected in each and every county in the said state, one sheriff and one coroner by the citizens who are qualified to vote for members of the assembly, and shall be elected at the places where elections for members to the general assembly are held, and shall be subject to such rules and regulations in said elections as shall be prescribed by law. The said sheriffs respectively when elected shall continue in office two years, be subject to removal or disqualification, and such other rules and regulations as may from time to time be prescribed by law. No sheriff shall be eligible for said office for a longer time than four years in any term of six years.

SEC. 12. In case of disagreement between the two houses with respect to the time of adjournment, the governor shall have the power to adjourn the general assembly to such time as he thinks proper, provided it be not a period beyond the meeting of the same.

SEC. 13. In case of the impeachment of the governor, his removal from office, death, refusal to qualify, resignation or absence from the state, the speaker of the senate shall exercise all the powers and authority appertaining to the office of governor until the time pointed out by this constitution for the election of governor shall arrive, unless the general assembly shall provide by law for the election of a governor to fill the vacancy.

SEC. 14. The speaker of the senate during the time he administers the government, shall receive the same compensation which the governor would have received had he been employed in the duties of his office.

SEC. 15. The governor for the time being and the judges of the supreme court or a major part of them together with the governor shall be and hereby are constituted a council to revise all bills about to be passed into laws by the general assembly; and for that purpose shall assemble themselves from time to time when the general assembly shall be convened; for which nevertheless they shall not receive any salary or consideration under any pretense whatever. And all bills which have passed

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the senate and house of representatives, shall before they become laws be presented to the said council for their revisal and consideration, and if upon such revisal and consideration, it should appear improper in the said council or a majority of them, that the bill should become a law of this state, they shall return the same together with their objections therein writing to the senate, or house of representatives, (in which so ever the same shall have originated) who shall enter the objections set down by the council at large in their minutes and proceed to reconsider the said bill. But if after such reconsideration, the said senate or house of representatives shall notwithstanding the said objections agree to pass the same, it shall together with the objections be sent to the other branch of the general assembly where it shall also be reconsidered, and if approved by — of the members present, it shall be a law. If any bill shall not be returned within ten days after it shall have been presented, the same shall be a law, unless the general assembly shall, by their adjournment render a return of the said bill within ten days impracticable, in which case the bill shall be returned on the first day of the meeting of the general assembly after the expiration of the said ten days.

SEC. 16. The governor shall nominate and by and with the advice and consent of the senate appoint a secretary of state, who shall keep a fair register of the official acts of the governor, and when required, shall lay the same and all papers, minutes and vouchers relative thereto, before either branch of the general assembly, and shall perform such other duties as shall be assigned him by law.

ARTICLE IV.

SEC. 1. The judicial power of this state shall be vested in one supreme court, and such inferior courts as the general assembly shall from time to time ordain and establish.

SEC. 2. The supreme court shall be holden at the seat of government, and shall have an appellate jurisdiction only, except in cases relating to the revenue, in cases of

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mandamus, and in such cases of impeachment as may be required to be tried before it.

SEC. 3. The supreme court shall consist in a chief justice and — associate justices, any — of whom shall form a quorum. The number of justices may however be increased by the general assembly, after the year one thousand eight hundred and — to the number of —

SEC. 4. The justices of the supreme court, and the judges of the inferior courts shall be appointed by joint ballot of both branches of the general assembly, and commissioned by the governor; and shall hold their offices during good behaviour, until the end of the first session of the general assembly, which shall be begun and held after the first day of January, in the year of our Lord one thousand eight hundred and — at which time their commissions shall expire; and until the expiration of which time the said justices respectively shall hold circuit courts in the several counties in such manner and at such times, and shall have and exercise such jurisdiction as the general assembly shall by law prescribe. But ever after the aforesaid period, the justices of the supreme court shall be commissioned during good behaviour, and the justices thereof shall not hold circuit courts unless required by law.

SEC. 5. Judges of the inferior courts shall hold their offices during good behaviour, but for any reasonable cause which shall not be sufficient ground for impeachment, both the judges of the supreme and inferior courts shall be removed from office, on the address of three fourths of each branch of the general assembly; provided always, that no member of either house of the general assembly or any person connected with him by consanguinity or affinity, shall be appointed to fill the vacancy occasioned by such removal. The said justices of the supreme court during their temporary appointments, shall receive an annual salary of — dollars payable quarter yearly out of the public treasury. The judges of the inferior courts, and the justices of the supreme court

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which may be appointed after the end of the first session of the general assembly, which shall be begun and held after the first day of January in the year of our Lord one thousand eight hundred and — shall have adequate and competent salaries, which shall not be diminished during their continuance in office.

SEC. 6. The supreme court, or a majority of justices thereof, the circuit courts, or the justices thereof, shall respectively appoint their own clerks.

SEC. 7. All process, writs and other proceedings shall run in the name of "the people of the state of Illinois;" all prosecutions shall be carried on "in the name and by the authority of the people of the state of Illinois," and conclude against the peace and dignity of the same.

SEC. 8. The governor shall nominate, and by and with the advice and consent of the senate, appoint a competent number of justices of the peace in each county.

ARTICLE V.

SEC. 1. The militia of the state of Illinois shall consist of all free male able bodied persons, negroes, mulattoes and Indians excepted, resident in the state, between the ages of 18 and 45 years, except such persons as now are or hereafter may be exempted by the laws of the United States, or of this state; and shall be armed, equipped and trained as the general assembly may provide by law.

SEC. 2. No person or persons, conscientiously scrupulous of bearing arms, shall be compelled to do militia duty in time of peace, provided such person or persons shall pay an equivalent for such exemption.

SEC. 3. Company, battalion and regimental officers, (staff officers excepted) shall be elected by the persons composing their several companies, battalions and regiments.

SEC. 4. Brigadier and major-generals shall be elected by the officers of their brigades and divisions respectively.

SEC. 5. All militia officers shall be commissioned by the governor, and shall hold their commissions during good behaviour, or until they arrive at the age of — years.

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ARTICLE VI.

SEC. 1. There shall be neither slavery nor involuntary servitude in this state, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted; nor shall any male person, arrived at the age of — years, nor female person arrived at the age of — years, be held to serve any person as servant under pretence of indenture or otherwise, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona fide consideration, received or to be received for their service, except as before excepted. Nor shall any indenture of any negro or mulatto, hereafter made and executed out of this state, or if made in the state where the term of service exceeds one year, be of the least validity, except those given in the case of apprenticeships.

ARTICLE VII.

SEC. 1. Whenever two-thirds of the general assembly shall think it necessary to amend or change this constitution, they shall recommend to the electors at the next election for members to the general assembly, to vote for or against a convention; and if it shall appear that a majority of all the citizens 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 there may be in the general assembly ; to be chosen in the same manner, at the same place, and by the same electors that choose the general assembly; who shall meet within three months after the said election, for the purpose of revising, amending or changing the constitution.

ARTICLE VIII.

That the general, great and essential principles of liberty and free government may be recognized and unalterably established, we declare,

SEC. 1. That all men are born equally free and independent, and have certain inherent and indefeasible rights,

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among which are those of enjoying and defending life and liberty, of acquiring, possession and protecting property and reputation, and of pursuing their own happiness.

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. 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 or worship.

SEC. 4. That no religious test shall ever be required as a qualification to any office or public trust under this state.

SEC. 5. That elections shall be free and equal.

SEC. 6. That the right of trial by jury, shall remain inviolate.

SEC. 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.

SEC. 8. That no freeman, shall be taken or imprisoned or disseized of his freehold, liberty or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty or property, but by the judgment of his peers or the law of the land. And 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 forever remain common

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to the inhabitants of such town, hamlet, village or corporation; and no such common shall in any way be disposed of without the consent of the inhabitants of such town, hamlet, village or members of such corporation first had and obtained.

SEC. 9. That in all criminal prosecutions, the accused hath a right to be heard by himself and council; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor. And in prosecutions by indictment or information, a speedy public trial, by an impartial jury of the vicinage. That he cannot be compelled to give evidence against himself.

SEC. 10. That no person shall for any indictable offence be proceeded against criminally by information, except in cases arising in the land or naval forces, or the militia when in actual service, in time of war or public danger, by leave of the courts, for oppression or misdemeanor in office.

SEC. 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 and without just compensation being previously made to him.

SEC. 12. Every person within this state ought to find a certain remedy by having recourse to 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.

SEC. 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 cases of rebellion or invasion, the public safety may require it.

SEC. 14. All penalties shall be proportioned to the

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nature of the offence, the true design of all punishments being to reform, not to exterminate mankind.

SEC. 15. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison, after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law.

SEC. 16. No ex post facto law, nor any law impairing the validity of contracts shall ever be made, and no conviction shall work corruption of blood or forfeiture of estate.

SEC. 17. That no person shall be liable to be transported out of this state for any offence committed within this state.

SEC. 18. That a frequent recurrence to the fundamental principles of civil government, is absolutely necessary to preserve the blessings of liberty.

SEC. 19. 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 legislature for redress of grievances.

SEC. 20. That the mode of levying a tax shall be by valuation, so that every person shall pay a tax in proportion to the value of the property, he or she has in his or her possession.

SEC. 21. That there shall be no other banks nor monied institutions in this state, but those already provided for by law, except a state bank and its branches, which shall be established and regulated by the legislature of said state, as they may think best.

SEC. 22. To guard against the transgressions of the high powers which we have delegated, we declare that all powers not hereby delegated, or well understood, remain with the people.

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AN ORDINANCE.

Whereas, the Congress of the United States in the act entitled "An act to enable the people of the Illinois 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, passed the 18th of April, 1818," have offered to this convention for their free acceptance or rejection, the following propositions, which if accepted by the convention shall be obligatory upon the United States, to-wit:

1st. "That section numbered sixteen in every township, and when such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the state for the use of the inhabitants of such township for the use of schools.

2nd. That all salt springs within such state and the lands reserved for the use of the same, shall be granted to the said state for the use of the said state, and the same to be used under such terms and conditions and regulations as the legislature of said state shall direct; provided the legislature shall never sell nor lease the same for a longer period than ten years at any one time.

3rd. That five per cent of the nett proceeds of the lands lying within such state, and which shall be sold by Congress from and after the first day of January, one thousand eight hundred and nineteen, after deducting all expenses incident to the same, shall be reserved for the purposes following, viz: Two-fifths to be disbursed under the direction of congress, in making roads leading to the state; the residue to be appropriated by the legislature of the state for the encouragement of learning, of which one-sixth part shall be exclusively bestowed on a college or university.

4th. That thirty-six sections or one entire township, which shall be designated by the President of the United States, together with the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said state, to

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be appropriated solely to the use of such seminary by the said legislature."

And whereas, the four foregoing propositions are offered on the condition that this convention shall provide by ordinance, irrevocable without the consent of the United States, that every and each tract of land sold by the United States from and after the first day of January, 1819, shall remain exempt from any tax laid by order or under any authority of the state, whether for state, county or township, or any other purpose whatever, for the term of five years from and after the day of sale. And further, that the bounty lands granted, or hereafter to be granted for military services during the late war, shall while they continue to be held by the patentees or their heirs, remain exempt as aforesaid from all taxes for the term of three years, from and after the date of the patents respectively; and that all the lands belonging to the citizens of the United States, residing without the said state shall never be taxed higher than lands belonging to persons residing therein.

Therefore, this convention, on behalf of and by the authority of the people of the state, do accept of the foregoing propositions; and do further ordain and declare, that every and each tract of land sold by the United States, from and after the first day of January, 1819, shall remain exempt from any tax laid by order or under any authority of the state, whether for state, county or township, or any purpose whatever, for the term of five years from and after the day of sale. And that the bounty lands granted or hereafter to be granted for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt as aforesaid, from all taxes for the term of three years from and after the date of the patents respectively; and that all the lands belonging to the citizens of the United States, residing without the said state, shall never be taxed higher than lands belonging to persons residing therein. And this convention, do further ordain and declare, that the foregoing

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ordinance, shall not be revoked without the consent of the United States.

On the motion of Mr. White,

Ordered, that the said draft of a constitution be received by the convention, and that the same be laid on the table until to-morrow: and that thirty-three copies thereof be printed for the use of the convention.

The Convention then adjourned until to-morrow morning 9 o'clock.

THURSDAY, August 13, 1818.

The Convention met.

On the motion of Mr. Kitchell, the first and second articles, and the seven first sections of the third article of the draft of the constitution was taken up and read the first time.

On the motion of Mr. Kitchell, the convention proceeded to consider the said first and second articles, and the first seven sections of the third article, section by section.

ARTICLE I.

The first section was amended by striking out the word "confined," and inserting in lieu thereof, the word "confided."

The second section was amended by striking out the words "in the instances," and inserting the word "as" in lieu thereof.

ARTICLE II.

The first section was adopted without amendment.

The 2, 3, 4, 5 & 6 sections were then severally considered, amended and adopted as follows:

Sec. 2. Members to the house of representatives shall be chosen biennially on the first Monday in August, and shall continue in service for the term of two years from the day of the commencement of the general election.

Sec. 3. No person shall be a representative who shall not have attained the age of twenty-one years, and be a citizen of the United States and inhabitant of this state;

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shall also have resided within the limits of the county or district in which he shall be chosen twelve months next preceding his election, unless he shall have been absent on the public business of the United States, or of this state.

Sec. 4. The senators shall be chosen in the month of August, on such days and at such places as the general assembly shall prescribe, by the qualified voters for representatives, and at their first session after this constitution takes effect, they shall be divided by lot from their respective counties or districts as, near as can be into two classes: the seats of the senators of the first class shall be vacated at the expiration of the second year, and of the second class at the expiration of the fourth year, so that one half thereof as near as possible may be biennially chosen forever thereafter.

Sec. 5. The number of senators and representatives at the first session of the general assembly holden after the returns herein provided for are made, be fixed by the legislature and apportioned among the several counties or districts to be established by law according to the number of free white inhabitants. The number of representatives shall never be less than twenty-seven nor more than thirty-six until the number of inhabitants in this state shall amount to one hundred thousand, but the representatives at no time thereafter shall exceed one hundred, and the number of senators shall never be less than one-third, nor more than one half the number of representatives.

Sec. 6. No person shall be a senator who has not arrived at the age of twenty-five years, and is a citizen of the U. States; shall have resided two years in the county or district immediately preceding the election, unless he shall have been absent on the public business of the United States or of this state, and shall moreover have paid a state or county tax.

The 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 sections were considered and severally adopted without amendment.

The 18th section was amended and adopted as follows:

Sec. 18. The legislature of this state shall not allow

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the following officers of government greater annual salaries than as follows, until the year one thousand eight hundred and twenty-four: the governor not more than twelve hundred and fifty dollars: the secretary of state not more than five hundred dollars: the members of the legislature not more than two dollars per day during their attendance on the legislature, nor more than two dollars for every twenty-five miles they shall travel in going to and returning from the general assembly.

The 19 and 20 sections were severally adopted without amendment.

The 21st section was amended and adopted by striking out the last word "annually" and inserting the words "at the rising of each session of the legislature."

The 22d section was adopted by adding the word "present" at the end thereof.

The 23, 24 and 25 sections were severally adopted without amendment.

Mr. Moore moved to strike out the whole of the 26th section, which motion was negatived, and the section was adopted without amendment.

The convention then adjourned until 3 o'clock, p.m. at which time the convention met again.

On motion of Mr. Bankson,

Resolved, that this convention enquire into the expediency of ordering an election to fill the vacancy of the late John K. Mangham, who was a member from the county of Washington.

On the motion of Mr. Bankson, ordered that the said resolution be referred to a committee of three to report thereon; and that Messrs. Bankson, Jones and Messinger be appointed that committee.

The convention then resumed the consideration of the second article of the constitution.

The 27, 28, 29, 30 and 31 sections were severally considered and adopted without amendment.

The 32d section was considered, amended and adopted as follows:

Sec. 32. In the year one thousand eight hundred and

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twenty-five, and every fifth year thereafter an enumeration of all the free white inhabitants shall be made in such manner as shall be directed by law.

The 33 & 34 sections were severally considered and adopted without amendment.

On the motion of Mr. White, the whole of the 35th section was stricken out.

ARTICLE III.

The 1 and 2 sections were severally considered and adopted without amendment.

The 3 section was considered and adopted by filling up the third blank with the word ‘four,’ the fourth blank with the word ‘four,’ the fifth blank with the word ‘eight,’ the sixth blank with the word ‘thirty,’ and the seventh blank with the word ‘ten.’

The 4, 5, 6 & 7 sections were severally considered and adopted without amendment.

Then the Convention adjourned until to-morrow morning 9 o'clock.

Friday, August 14, 1818.

The Convention met.

Mr. Bankson from the committee to whom was referred the resolution to enquire into the expediency of ordering an election to fill the vacancy occasioned by the death of John K. Mangham a member from Washington county:

Reported, that the committee deem it inexpedient at this time for the convention to order such election; believing that an election could not be effected in time to answer the purpose of giving the said county their full representation in this convention before the same will have risen, which said report was read and received and concurred in by the convention.

On motion of Mr. Cullom, the last eight sections of the third article and the whole of the 4th, 5th, 6th and 7th articles, and the first eighteen sections of the eighth article were taken up and read the first time.

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On the motion of Mr. Moore, the convention proceeded to consider the said eight last sections of the third article and the whole of the 4th, 5th, 6th, and 7th articles and the first eighteen sections of the eighth article, section by section.

ARTICLE III.

The 8th, 9th and 10th sections were considered and adopted without amendment.

The 11th section was considered, amended, and adopted as follows:

Sec. 11. There shall be elected in each and every county in the said state, one sheriff and one coroner by the citizens who are qualified to vote for members of the assembly and shall be elected at the places where elections for members to the general assembly are held, and shall be subject to such rules and regulations in said elections as shall be prescribed by law. The said sheriffs and coroners respectively when elected shall continue in office two years, be subject to removal and disqualification, and such other rules and regulations as may from time to time be prescribed by law. No sheriff or coroner shall be eligible to office for a longer time than four years in any term of six years.

The 12th section was considered and adopted by inserting the words "next constitutional," between the words "the" and "meeting," in the last line thereof.

The 13th section was considered and adopted, by striking out the word "the" in the first line before the word "impeachment," and inserting the word "an" in lieu thereof; and by striking out the word "vacancy" at the end of the section, and inserting the words "such vacancies."

The 14th section was considered and adopted without amendment.

The 15th section was considered, amended and adopted, as follows:

Sec. 15. All bills which have passed the senate and house of representatives, shall before they become laws be presented to the governor for his revisal and consideration,

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and if upon such revisal and consideration, it should appear improper to him that the bill should become a law of this state, he shall return the same together with his objections thereto in writing to the senate, or house of representatives, (in which so ever the same shall have originated) who shall enter the objections of the governor at large in their minutes and proceed to reconsider the said bill. But after such reconsideration, the said senate or house of representatives shall notwithstanding the said objections agree to pass the same, it shall together with the objections be sent to the other branch of the general assembly where it shall also be reconsidered, and if approved by two-thirds of the members present, it shall be a law. If any bill shall not be returned within ten days after it shall have been presented, the same shall be a law, unless the general assembly shall, by their adjournment render a return of the said bill within ten days impracticable, in which case the bill shall be returned on the first day of the meeting of the general assembly after the expiration of the said ten days.

The 16th section was considered and adopted without amendment.

ARTICLE IV.

The 1st and 2d sections were considered and adopted without amendment.

The convention then adjourned until 3 o'clock, P. M. at which time the convention met and resumed the consideration of the said sections.

The 3d section was considered, amended, and adopted as follows:

Sec. 3. The supreme court shall consist in a chief justice and three associate justices, any two of whom shall form a quorum; the number of justices may however be increased by the general assembly after the year one thousand eight hundred and twenty four.

The 4th section was considered and adopted by filling the blank with the words "twenty-four."

The 5, 6, 7, and 8 sections were severally considered and adopted without amendment.

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ARTICLE V.

The 1, 2, 3 and 4 sections were severally considered and adopted without amendment, and the 5th section by filling the blank therein with the word "sixty."

ARTICLE VI.

The first blank in the first section was filled with the words "twenty-one," and the second blank was filled with the word "eighteen." On the motion of Mr. Hubbard the further consideration of this section was postponed until the second reading of the same.

ARTICLE VII.

The first section was considered and adopted by inserting the words "the whole number of members elected to" after the word "of" in the first line.

ARTICLE VIII.

The 2, 3, 4, 5, 6 and 7 sections were severally considered and adopted without amendment.

The 8th section was considered and adopted by striking out the remainder of the section after the last word "corporation."

The 9, 10, 11, 12, 13, 14, 15, 16 17 and 18 sections were severally considered and adopted without amendment.

The Convention then adjourned until to-morrow morning 9 o'clock.

Saturday, August 15, 1818.

The Convention met.

On the motion of Mr. Kitchell, the four last sections of the eighth article and the ordinance were taken up and read the first time. And on the further motion of Mr. Kitchell the convention proceeded to consider the same, section by section.

ARTICLE VIII.

The 19 and 20 sections were considered and adopted without amendment.

The 21st section was considered, amended, and adopted

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by striking out the word ‘shall’ in the fourth line, and inserting the word ‘may’ in lieu thereof.

The 22d section was considered and adopted without amendment.

The ordinance was considered and adopted without amendment.

On motion of Mr. Kitchell,

Resolved, that a committee of five be appointed whose duty it shall be to consider what additional articles or sections are necessary to complete the draft of the constitution and report thereon.

Ordered, that Messrs. Kitchell, Hubbard, Borough, Fisher and Messinger, be that committee.

The convention then adjourned until 2 o'clock, p. m. at which time the convention again met.

Mr. Hubbard from the committee appointed to consider what additional articles or sections are necessary to complete the draft of the constitution, made their report in part as follows: That they deem it expedient for the apportionment in the different counties in the state of Illinois for the members in the general assembly be now made and adopted, and the earliest steps be taken to fix the times of the several elections and the time of the meeting of the said general assembly to be made public in order that the delegation from this state, may have time to meet the next congress of the United States; and recommend the following apportionment, viz.

Until the first enumeration shall be made as directed by the constitution, the county of Madison shall be entitled to one senator and three representatives; the county of Bond, one senator and one representative; the county of Washington, one senator and one representative; the county of St. Clair, one senator and three representatives; the county of Monroe, one senator and one representative; the county of Randolph, one senator and two representatives; the counties of Jackson and Johnson to compose one senatorial district, and to have one senator to said counties and one representative each; the

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county of Union, one senator and two representatives; the county of Pope, one senator and two representatives; the county of Franklin, one senator and one representative; the county of Gallatin, one senator and three representatives; the county of White, one senator and three representatives; the county of Edwards, one senator and two representatives; the county of Crawford, one senator and two representatives; and that the said elections may be held on the days prescribed by the laws of the territory of Illinois.

The said committee having prepared no other report, beg leave to sit again and report on Monday next to this convention.

Which said report was received, read and concurred in by the convention.

The Convention then adjourned until next Monday morning 9 o'clock.

Monday, August 17, 1818.

The Convention met.

On the motion of Mr. Kitchell, the convention proceeded to read the draft of the constitution the second time, and to consider the same section by section.

The preamble was read, considered, amended and adopted as follows:

The people of the Illinois territory having the right of admission into the general government as a member of the union, consistent with the constitution of the United States, the ordinance of congress of 1787, and the law of congress, "approved April 18th, 1818," entitled "an act to enable the people of the Illinois 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 and for other purposes;" in order to establish justice, promote the welfare, and secure the blessings of liberty to themselves and their posterity, do by their representatives in convention ordain and establish the following constitution or form of government, and do mutually agree with each other to form themselves into a

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free and independent state, by the name of the state of Illinois. And they do hereby ratify the boundaries assigned to such state by the act of congress aforesaid, which are as follows, to-wit: Beginning at the mouth of the Wabash river, thence up the same and with the line of Indiana, to the northwest corner of said state, thence east with the line of the same state to the middle of Lake Michigan, thence north along the middle of said lake to north latitude forty-two degrees and thirty minutes, thence west to the middle of the Mississippi river, and thence down along the middle of that river to its confluence with the Ohio river, and thence up the latter river along its north western shore to the beginning.

ARTICLE I.

The first and second sections were severally read, considered and adopted without amendment.

ARTICLE II.

The first section was read, considered and adopted without amendment.

The 2d section was read, considered, amended and adopted as follows:

Sec. 2. The first election for senators and representatives shall commence on the first Thursday of September next, and continue for that and the two succeeding days: and the next election shall be held on the first Monday in August, one thousand eight hundred and twenty, and forever after, elections shall be held once in two years on the first Monday of August in each and every county, at such places therein as may be provided for by law.

The 3d and 4th sections were read, considered, amended and adopted as follows:

Sec. 3. No person shall be a representative who shall not have attained the age of twenty-one years, and be a citizen of the United States and an inhabitant of this state; shall also have resided within the limits of the county or district in which he shall be chosen twelve months next preceding his election, if such county or district shall have been so long erected, but if not, then within the limits of

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the county or counties, district or districts out of which the same shall have been taken, unless he shall have been absent on the public business of the United States, or of this state.

Sec. 4. The senators at their first session herein provided for shall be divided by lot from their respective counties or districts as near as can be into two classes: the seats of the senators of the first class shall be vacated at the expiration of the second year, and of the second class at the expiration of the fourth year, so that one half thereof as near as possible may be biennially chosen forever thereafter.

The 5th section was read, considered, amended and adopted by striking out the word "free" before the word "white".

The 6th section was read, considered, amended and adopted as follows:

Sec. 6. No person shall be a senator who has not arrived at the age of twenty-five years, and is a citizen of the United States, and shall have resided two years in the county or district immediately preceding the election, if such county or district shall have been so long erected, but if not, then within the limits of the county or counties, district or districts out of which the same shall have been taken, unless he shall have been absent on the public business of the United States or of this state, and shall moreover have paid a state or county tax.

The 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 sections were severally read, considered and adopted without amendment.

The 18th section was read, considered, amended and adopted as follows:

Sec. 18. The legislature of this state shall not allow the following officers of government greater or smaller annual salaries than as follows, until the year one thousand eight hundred and twenty-four; the governor not more than twelve hundred and fifty dollars; the secretary of state not more than six hundred dollars; the members of the legislature not more than three dollars per day during

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their attendance on the legislature, nor more than three dollars for every twenty miles they shall travel in going to and returning from the general assembly.

The 19, 20, 21, 22 and 23 sections were severally read, considered and adopted without amendment.

The 24th section was read, considered, amended and adopted as follows:

Sec. 24. The first session of the general assembly shall commence on the first Monday of October next, and forever after, the general assembly shall meet on the first Monday in December next ensuing the election of the members thereof, and at no other period unless as provided for by this constitution.

The 25th section was read, considered, amended and adopted by inserting the word "postmasters" after the word "militia."

The 26, 27, 28, 29, 30 and 31 sections were severally read, considered and adopted without amendment.

The 32d section was read, considered, amended and adopted by striking out the words ‘twenty-five’ in the first line, and inserting the word ‘twenty’ in lieu thereof, and by striking out the word ‘free’ before the word ‘white.’

The 33 and 34 sections were severally read, considered, and adopted without amendment.

ARTICLE III.

The 1 and 2 sections were severally read, considered and adopted without amendment.

The 3d section was read, considered, amended and adopted by striking out the word ‘ten’, and inserting the word ‘thirty,’ and inserting the word ‘two’ in the last blank.

The 4, 5, 6, 7 and 8 sections were severally read, considered and adopted without amendment.

The convention then adjourned until 3 o'clock p. m. at which time the convention again met, and resumed the reading and consideration of the said draft of the constitution.

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The 9, 10, 11, 12, 13 and 14 sections were severally read, considered and adopted without amendment.

The 15th section was read, considered, amended and adopted as follows:

Sec. 15. The governor for the time being and the judges of the supreme court, or a major part of them, together with the governor, shall be and hereby are constituted a council to revise all bills about to be passed into laws by the general assembly; and for that purpose shall assemble themselves from time to time when the general assembly shall be convened; for which nevertheless they shall not receive any salary or consideration under any pretense whatever; And all bills which have passed the senate and house of representatives, shall before they become laws be presented to the said council for their revisal and consideration, and if upon such revisal and consideration, it should appear improper to the said council or a majority of them that the bill should become a law of this state, they shall return the same together with their objections thereto in writing to the senate, or house of representatives, (in which so ever the same shall have originated) who shall enter the objections set down by the council at large in their minutes and proceed to reconsider the said bill. But after such reconsideration, the said senate or house of representatives shall notwithstanding the said objections agree to pass the same, it shall together with the objections be sent to the other branch of the general assembly where it shall also be reconsidered, and if approved by a majority of all the members elected, it shall be a law. If any bill shall not be returned within ten days after it shall have been presented, the same shall be a law, unless the general assembly shall, by their adjournment render a return of the said bill in ten days imparticable, in which case the bill shall be returned on the first day of the meeting of the general assembly after the expiration of the said ten days.

The 16th section was read, considered and adopted without amendment.

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ARTICLE IV.

The 1, 2, 3 and 4 sections were severally read, considered and adopted without amendment.

The 5th section was read, considered, amended and adopted by striking out the words ‘three-fourths’ in the fifth line, and inserting the words ‘two-thirds’ in lieu thereof, and filling the first blank with the words ‘twelve hundred and fifty.’

The 6 and 7 sections were severally read, considered and adopted without amendment.

The 8th section was read, and on the motion of Mr. Kitchell, the consideration thereof was postponed until the third reading.

ARTICLE V.

The 1st section was read, considered, amended and adopted by inserting the word ‘the’ after the word ‘laws’ in the fifth line.

The 2, 3, and 4 sections were severally read, considered and adopted without amendment.

The 5th section was read, considered, amended and adopted by striking out the word ‘shall’ in the second line and inserting the word ‘may’ in lieu thereof.

The Convention then adjourned until to-morrow morning 9 o'clock.

Tuesday, August 18, 1818.

The Convention met.

On motion of Mr. Kitchell the apportionment of senators and representatives among the several counties as reported by the committee appointed to consider what additional articles or sections are necessary to complete the draft of the constitution was taken up and read, amended and concurred in.

On the motion of Mr. Kitchell the rule of the convention was dispensed with, and the said apportionment was taken up and read the third time and passed as follows:

Until the first enumeration shall be made as directed

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by this constitution, the county of Madison shall be entitled to one senator and three representatives; the county of St. Clair, one senator and three representatives; the county of Bond, one senator and one representative; the county of Washington, one senator and one representative; the county of Monroe, one senator and one representative; the county of Randolph, one senator and two representatives; the county of Jackson, one senator and one representative; the counties of Johnson and Franklin to form one senatorial district, and to have one senator, and to each county one representative; the county of Union, one senator and two representatives; the county of Pope, one senator and two representatives; the county of Gallatin, one senator and three representatives; the county of White, one senator and three representatives; the county of Edwards, one senator and two representatives; and the county of Crawford, one senator and two representatives. And that the said elections may be held on the days prescribed by the laws of the territory of Illinois.

On the motion of Mr. Gard, the convention proceeded in the second reading of the draft of the constitution, and considering the same section by section, commencing with the sixth article.

ARTICLE VI.

The 1st section was read, considered and amended as follows:

Sec. 1. Neither slavery nor involuntary servitude shall hereafter be introduced into this state, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted; nor shall any male person arrived at the age of twenty-one years nor female person arrived at the age of eighteen years, be held to serve any person as a servant under any indenture hereafter made, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona fide consideration received or to be received for their service, except as before excepted. Nor shall any indenture of any negro or mulatto, hereafter made and executed out of this

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state, or if made in the state, where the term of service exceeds one year, be of the least validity, except those given in case of apprenticeships.

Sec. 2. Nor shall any person bound to labor in any other state, be hired to labor in this state, except within the tract reserved for the salt works near Shawaneetown, nor even at that place for a longer period than one year at one time; nor shall it be allowed there, after the year — any violation of this article, shall effect the emancipation of such person from his obligation to service.

On the question being put on agreeing to the first section of the said amendment, and the yeas and nays being called for, were as follows:

Yeas — Messrs. Borough, Cairns, Cullom, Fisher, Hall, Harrison, Hubbard, Jones, Kane, Kitchell, Messinger, Morse, Omelveny, Prickett, Stephenson, Will and White 17.

Nays — Messrs. Bankson, Compton, Echols, Ferguson, Gard, Hargrave, Kirkpatrick, Lemen, M'Fatridge, M'Henry, Moore, Roberts, West and Whiteaker — 14 — So the said amendment was adopted. And the second section as amended was also adopted.

The convention then adjourned until 3 o'clock p. m. at which time the convention again met, and resumed the reading and consideration of the said draft of the constitution, and considering the same section by section.

The 7th article was read, considered and adopted without amendment.

ARTICLE VIII.

The 1, 2, 3, 4, 5, 6 and 7 sections were severally read, considered and adopted without amendment.

The 8th section was read, considered, amended and adopted by adding the following words at the end thereof, viz. "And the said commons shall not be leased, sold or divided, under any pretense whatever, provided however, that nothing in this section shall be so construed as to effect the commons of Cahokia or Prairie Dupont."

The 9, 10, 11, 12, 13 and 14 sections were severally read, considered and adopted without amendment.

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The 15th section was read, considered, amended and adopted as follows:

Sec. 15. No person shall be imprisoned for debt after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law, unless in cases where there is a strong presumption of fraud.

The 16, 17, 18, 19, 20, 21 and 22 sections were severally read, considered and adopted without amendment.

Mr. Hubbard, from the committee appointed to consider what additional articles or sections are necessary to complete the draft of the constitution, reported a schedule containing 16 sections, which report was handed in at the secretary's table.

On the motion of Mr. Moore, the said schedule was taken up, read the first time, and considered section by section.

SCHEDULE.

The 1 and 2 sections were severally read, considered and adopted without amendment.

The 3d section was read, and on the motion of Mr. White, stricken out.

The 4, 5, and 6 sections were read, considered and adopted without amendment.

The 7th section was read and considered, and on the motion of Mr. Gard, the whole thereof was stricken out.

The 8, 9, 10, 11, 12, 13, 14, 15 and 16 sections were severally read, considered and adopted without amendment.

On the motion of Mr. Kane, it was considered and agreed that the 11, 12, 13, 14 and 15 sections of the schedule be incorporated in the third article of the draft of the constitution, between the 12th and 13th sections.

On the motion of Mr. Kane, the adoption of the 13th and 14th sections of the 3d article was reconsidered, and on the further motion of Mr. Kane, the said 13th section was amended by striking out the words "speaker of the senate," and inserting the words "lieutenant-governor," in lieu thereof, and the 14th section stricken out entirely.

Mr. Hubbard from the committee appointed to consider what additional articles or sections are necessary to

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complete the draft of the constitution, laid before the convention a separate report relative to a permanent seat of government, accompanied with sundry propositions in writing, offering donations to the state of land & c. from the proprietors of Pope's bluff, Hill's ferry, and Covington, which he read and handed in at the secretary's table.

The convention then adjourned until to-morrow morning 9 o'clock.

Wednesday, August 19, 1818.

The Convention met.

Mr. Prickett moved to reconsider the vote on the passage of the apportionment of representation among the several counties as made on yesterday, which motion was decided in the negative.

Mr. Cairns moved to reconsider the vote given on yesterday in favor of striking out the third section of the schedule, which said motion was decided in the negative.

On the motion of Mr. Gard, the preamble, and the 1st, 2d, and 3d articles of the draft of the constitution as amended and adopted was ordered to be engrossed and read the third time to-day.

Mr. Kane moved to reconsider the vote given on the adoption of the second and third sections of the third article, which motion was decided in the affirmative, and the same were taken up and read, reconsidered, amended and adopted as follows:

Sec. 2. The first election for governor shall commence on the first Thursday of September next and continue for that and the two succeeding days, and the next election shall be held on the first Monday of August, in the year of our Lord one thousand eight hundred and twenty two, and forever after, elections for governor shall be held once in four years on the first Monday of August. The governor shall be chosen by the electors of the members of the general assembly, at the same place and in the same manner that they shall respectively vote for members thereof. The returns for every election of governor shall be sealed up and transmitted to the seat of government

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by the returning officers, directed to the speaker of the senate who shall open and publish them in the presence of a majority of the members of each house of the general assembly. The person having the highest number of votes shall be governor, but if two or more shall be equal and highest in votes, then one of them shall be chosen governor by joint ballot of both houses of the general assembly. Contested elections shall be determined by both houses of the general assembly in such manner as shall be prescribed by law.

Sec. 3. The first governor shall hold his office until the first Monday of December, in the year of our Lord one thousand eight hundred and twenty-two, and until another governor shall be elected and qualified to office; and forever after the governor shall hold his office for the term of four years and until another governor shall be elected and qualified, but he shall not be eligible more than four years in any term of eight years. He shall be at least thirty years of age, and have been a citizen of the United States thirty years, two years of which he shall have resided within the limits of this state next preceding his election.

On the motion of Mr. Hargrave, the convention proceeded to reconsider the vote on the adoption of the 26th and 33th sections of the third article of the draft of the constitution, and the same being taken up and read and reconsidered, they were, on the motion of Mr. Hargrave, severally stricken out.

On the motion of Mr. Kane, the convention proceeded to reconsider the vote on the adoption of the sixth section of the third article of the draft of the constitution, and the same being taken up and read and reconsidered, the same was amended by striking out the word "two" and inserting the word "one" in lieu thereof, before the words years, and striking out the letter "s" in the word "years."

The convention then adjourned until 3 o'clock p. m. at which time the convention again met.

On the motion of Mr. Moore, the convention proceeded

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to the third reading of the preamble and first and second articles of the draft of the constitution as amended and engrossed, and considering the same, section by section.

The preamble was read, considered and passed without amendment.

The whole of the first article was read, section by section, considered and passed without amendment.

ARTICLE II.

The 1st and 2d sections were severally read, considered and passed without amendment.

The 3d section was read, considered and amended on the motion of Mr. Cairns, and passed by adding the words "and moreover shall have paid a state or county tax" at the end thereof.

The 4th section was read, considered and passed without amendment.

The 5th section was read, considered and amended on the motion of Mr. Kane, by striking out the word legislature" and inserting the words "general assembly" in lieu thereof.

The 6th section was read, considered and passed without amendment.

The 7th section was read, considered and amended on the motion of Mr. Kane, and passed by inserting the words "the speaker of the senate excepted" after the word "officers."

The 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 sections were severally read, considered and passed without amendment.

The 18th section was read, considered and amended on the motion of messrs. Kane and Messinger, and passed as follows:

Sec. 18. The general assembly of this state shall not allow the following officers of government greater or smaller annual salaries than as follows, until the year one thousand eight hundred and twenty-four; the governor,

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twelve hundred and fifty dollars; the secretary of state, six hundred dollars.

The 19th and 20th sections were severally read, considered and passed without amendment.

The 21st section was read, considered and amended on the motion of mr. Kane, and passed by striking out the word "legislature" and inserting the words "general assembly" in lieu thereof.

The 22, 23, 24, 25, 26 and 27 sections were severally read, considered and passed without amendment.

The 28th section was read, considered and amended on the motion of mr. Kane, and passed by striking out the last word ‘legislature’ and inserting the words ‘general assembly’ in lieu thereof.

The 29th section was read, considered and passed without amendment.

The 30th section was read, considered and amended on the motion of mr. Kane, and passed by striking out the word ‘legislature’ and inserting the words ‘general assembly’ in lieu thereof.

The 31 and 32 sections were severally read, considered and passed without amendment.

On the motion of Mr. Messinger, the convention proceeded to the third reading of the first seven sections of the third article of the draft of the constitution as amended and engrossed, and considering the same, section by section.

ARTICLE III.

The 1st section was read, considered and passed without amendment.

The 2 section was read, considered and amended, on the motion of Mr. Kane, and passed by striking out the word ‘senate’ and inserting the words ‘house of representatives’ in lieu thereof.

The 3, 4, 5, 6 and 7 sections were severally read, considered and passed without amendment.

Mr. White offered the following as a new section to be section two, of the sixth article of the constitution, to-wit:

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Sec. 2. Each and every person who has been bound to service by contract or indenture, in virtue of the laws of the Illinois territory, heretofore existing, and in conformity with the provisions of the same, without fraud or collusion, shall be held to a specific performance of their contracts or indentures; and such negroes and mulattoes as have been registered in conformity with the aforesaid laws, shall serve out the time appointed by said laws: — Provided however, that the descendants of such persons, negroes and mulattoes, shall become free at the age of twenty-five years.

Which said new section was read, and on the question being put on adopting the same, the yeas and nays were as follows:

Yeas — Messrs. Ferguson, Fisher, Hail, Hargrave, Harrison, Hubbard, Jones, Kane, Kitchell, M'Henry, Messinger, Morse, Omelvany, Roberts, Stephenson, Will, and White — 17.

Nays — Messrs. Bankson, Borough, Cairns, Compton, Cullom, Echols, Gard, Kirkpatrick, Lemon, M'Fatridge, Moore, Prickett, West and Whiteaker — 14.

So the said section was adopted.

Mr. Prickett moved to reconsider the vote on the adoption of the sixth article of the draft of the constitution; which said motion was determined in the negative.

The convention then adjourned until to-morrow morning 9 o'clock.

Thursday, August 20, 1818.

The convention met.

On the motion of Mr. Kitchell,

Resolved, that it is expedient at this time to remove the seat of government from the town of Kaskaskia.

The following resolutions were then severally offered, to-wit: By mr. Gard,

Resolved, That this convention appoint five commissioners to view the sites on the Kaskaskia river, above the base line, and report the most suitable place for the seat of government, with the donations proposed by the

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several proprietors of said sites to the next general assembly, whose duty it shall be to fix the seat of government for the state of Illinois, on one of the sites so reported, at their first session aforesaid.

By mr. Bankson,

Resolved, That the seat of government be located at the town of Covington, and that the propositions of the proprietors of the said town of Covington, be accepted.

By mr. Kane,

Resolved, That the seat of government be located at the town of Kaskaskia five years.

By mr. White,

Resolved, That the seat of government be located at Kaskaskia for five years next after the first Monday of October next, and be then removed to Pope's Bluff, on the Kaskaskia river, in range one west, township four north, and section fifteen; and that the propositions of the proprietor be acceded to.

By mr. Prickett,

Resolved, That the seat of government for the state of Illinois, be fixed at the place known by the name of Hill's Ferry, now called Fredonia; and that the propositions made to this convention by the proprietors thereof, be accepted by this convention on behalf of the state; and that the legislature of this state at their next session provide by law for the appropriation of such money and the erection of public buildings.

By mr. Kane,

Resolved, That the seat of government be located for four years at the town of Kaskaskia, after which time, the general assembly shall have power to remove the same.

By mr. Hubbard,

Resolved, That there be five commissioners appointed by this convention, whose duty it shall be to examine the geographical situation of the state, taking into view the population thereof, and the eligibility of the most prominent, and as they may conceive the most convenient places and report the same to the next session of the general

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assembly, who may either reject the whole or select some one from among the places reported, for the seat of government for this state.

Which said resolutions were severally read and considered, and on the question being severally put, they were severally decided in the negative.

On the motion of mr. Lemen, the further consideration of the question for fixing a seat of government, was postponed.

On the motion of mr. Messinger,

Resolved, That a committee of three be appointed, whose duty it shall be to contract for the printing of five hundred copies of the constitution.

Ordered, That messrs. Messinger, Whiteaker and Hargrave, be that committee.

On the motion of Mr. Kitchell the convention proceeded to have the 3d article of the draft of the constitution from the eighth section as the same was amended and engrossed read the third time and considered section by section.

The 8, 9, and 10 sections were severally read, considered and passed without amendment.

The 11th section was read, considered, amended and passed by striking out the words "no sheriff shall be eligible to office for a longer time than four years in any term of six years," and by inserting the word ‘general’ before the word ‘assembly’ in the third line.

The 12, 13, 14, 15, 16, 17, 18, 19 and 20 sections were severally read, considered and passed without amendment.

On the motion of Mr. Kitchell, the convention proceeded to the third reading of the fourth, fifth, sixth and seventh articles of the draft of the constitution as amended and engrossed, and considering the same section by section.

ARTICLE IV.

The 1, 2, 3, and 4 sections were severally read, considered and passed without amendment.

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The 5th section was read and considered. Mr. Moore moved to strike out the words ‘twelve hundred and fifty’ and insert the words ‘one thousand’ in lieu thereof: and on the question being put on agreeing to said amendment and the yeas and nays being called for, were as follows:

Yeas — Messrs. Bankson, Borough, Cairns, Compton, Cullom, Echols, Gard, Hall, Harrison, Jones, Kirkpatrick, Kitchell, Lemen, M'Fatridge, Moore, West and Whiteaker — 17.

Nays — Messrs. Ferguson, Fisher, Hargrave, Hubbard, Kane, M'Henry, Messinger, Morse, Omelveny, Prickett, Roberts, Stephenson, Will and White — 14.

So the said amendment was adopted, and the said section as amended was passed.

The 6 and 7 sections was read, considered and passed without amendment.

The 8th section was read and considered, and on the motion of Mr. Borough the whole thereof was stricken out, and sundry substitutes were offered and rejected.

On the motion of Mr. Kitchell, the vote on Mr. Borough's motion was reconsidered and the said eighth section was adopted: and on the question being put on the passage thereof, it was decided in the negative.

Mr. Kitchell then offered the following as a substitute for the said eighth section, which was adopted and passed.

Sec. 8. A competent number of justices of the peace shall be elected in each county at such times and such places as the general assembly may direct, whose time of service, power and duties shall be regulated and defined by law; and justices of the peace when elected shall be commissioned by the governor.

ARTICLE V.

The 1, 2, 3, 4 and 5 sections were severally read, considered and passed without amendment.

Mr. Cairns offered the following as a new and additional section which was read, considered, adopted and passed as follows:

Sec. 6. The militia shall in all cases, except treason

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felony or breach of the peace be privileged from arrest during their attendance at musters and elections of officers, and in going to and returning from the same.

The convention then adjourned until 3 o'clock p. m. at which time the convention again met, and resumed the reading and consideration of the sixth and seventh articles of the draft of the constitution.

ARTICLE VI.

The 1st section was read, considered, amended and passed by striking out the words ‘except as before excepted.’

The 2d section was read and considered. Mr. Gard moved to strike out the whole section; and on the question being put thereon, and the yeas and nays being called for, they were as follows:

Yeas — Messrs. Borough, Cairns, Compton, Echols, Gard, Lemen, M'Fatridge, Prickett, West and Whiteaker. — 10.

Nays — Messrs. Bankson, Cullom, Ferguson, Fisher, Hall, Hargrave, Harrison, Hubbard, Jones, Kane, Kirkpatrick, Kitchell, M'Henry, Messinger, Moore, Morse, Omelveny, Roberts, Stephenson, Will and White. — 21.

So the said motion was rejected. The blank in the said section was then filled, on the motion of Mr. Kitchell, with the words ‘one thousand eight hundred and twenty-five,’ and the section as amended was passed.

The 3d section was read, considered and amended on the motion of mr. Messinger, and passed as follows:

Sec. 3. Each and every person who has been bound to service by contract or indenture, in virtue of the laws of the Illinois territory heretofore existing, and in conformity with the provisions of the same, without fraud or collusion, shall be held to a specific performance of their contracts or indentures, and such negroes, and mulattoes as have been registered in conformity with the aforesaid laws shall serve out the time appointed by said laws: Provided, however, that the children hereafter born of such persons, negroes and rnulattoes, shall become free; the

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males at the age of twenty-one years, the females at the age of eighteen years. Each and every child born of indentured parents shall be entered with the clerk of the county in which they reside, by their owners within six months after the birth of said child.

ARTICLE VII.

The 1st section was read, considered and passed without amendment.

Mr. Cairns offered the following resolution:

Resolved, That it shall be the duty of the general assembly to pass such laws as may be necessary and proper to decide differences by arbitrators, to be appointed by the parties who may choose that summary mode of adjustment. Which said resolution was determined in the negative.

On the motion of mr. Messinger, the convention proceeded to the third reading of the eighth article of the draft of the constitution as amended and engrossed, considering the same section by section.

The 1, 2, 3, 4, 5, 6 and 7 sections were severally read, considered and passed without amendment.

The 8th section was read, considered and amended on the motion of mr. Lemen, and passed by adding the following thereto: ‘Provided also that the general assembly shall have power and authority to grant the same privileges to the inhabitants of the said villages of Cahokia and Prairie Dupont, that are hereby granted to the inhabitants of other towns, hamlets and villages.’

The 9, 30, 11, 12, 13 and 14 sections were severally read, considered and passed without amendment.

The 15th section was read, considered and amended on the motion of mr. Kane, and passed as follows:

Sec. 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.

The 16, 17, 18, 19, 20, 21 and 22 sections were severally

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read, considered and passed without amendment.

Mr. Roberts offered the following as new and additional sections to the eighth article, which were severally read, considered, adopted and passed, as follows:

Sec. 23. That Printing Presses shall be free to every person who undertakes to examine the proceedings of the legislature, or 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.

Sec. 24. In prosecutions for the publication of papers investigating the official conduct of officers, or men acting in a public capacity, or where 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 a right to determine the law and the facts under the direction of the court as in other cases.

Mr. Kane offered the following, as new and additional sections, to be sections twenty-one and twenty-two of the third article of the constitution, which were read, considered and the twenty-second section amended, on the motion of mr. Gard, and passed as follows:

Sec. 21. The state treasurer and public printer or printers, for the state shall be appointed biennially by the joint vote of both branches of the general assembly, provided that during the recess of the same, the governor shall have power to fill vacancies which may happen in either of the said offices.

Sec. 22. The governor shall nominate, and by and with the advice and consent of the senate, appoint all officers, whose offices are established by this constitution, or shall be established by law, and whose appointments are not otherwise herein provided for: Provided however, that inspectors, collectors and their deputies, surveyors of the highways, constables, jailors, and such other inferior officers whose jurisdiction may be confined within the limits

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of the county, shall be appointed in such manner as the general assembly shall prescribe.

The convention then proceeded to the third reading of the ordinance to be attached to the constitution, and the same being taken up and read, and being considered, was unanimously passed.

Mr. Cairns offered the following resolution, the substance of which, to be a section in the Schedule:

Resolved, That it shall be the duty of the general assembly to enact such laws as may be necessary and proper to prevent the practice of dueling.

Which said resolution was read, considered and adopted.

Mr. Morse offered the following resolution, the substance of which, to be a section in the Schedule:

Resolved, That no new county shall be established by the general assembly which shall reduce the county or counties or either of them from which it shall be taken, to less contents than six hundred and twenty-five square miles, nor shall any county be laid off of less contents. Every new county, as to the right of suffrage and representation, shall be considered as a part of the county or counties from which it was taken, until entitled by numbers to the right of representation.

Which said resolution being read and considered, was determined in the negative.

Mr. Ferguson moved to reconsider the vote taken on the passage of the second section of the second article, and the question being put on the said motion, and the years and nays being called for, was as follows:

Yeas — messrs. Ferguson, Messinger, Moore, Morse, Omelveny, Prickett, Stephenson, Will and White — 9.

Nays — messrs. Bankson, Borough, Cairns, Compton, Cullom, Echols, Fisher, Gard, Hall, Hargrave, Harrison, Hubbard, Jones, Kane, Kirkpatrick, Lemen, M'Fatridge, M'Henry, Roberts, West and Whiteaker — 21.

So the said motion was rejected.

The convention then adjourned until to-morrow morning 8 o'clock.

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Friday, August 21, 1818.

The convention met.

On the motion of mr. Kane,

Resolved, That a committee of enrolments be appointed to be composed of three members of this convention.

Ordered, That messrs. Kane, Stephenson and Cullom be that committee.

On the motion of mr. Moore, the convention proceeded to the second reading of the schedule, as amended and engrossed, and considering the same section by section.

The 1, 2, 3, 4, 5, 6, 7 and 8 sections were severally read, considered and adopted without amendment.

The 9th section was read, considered, amended and adopted by inserting the words ‘lieutenant governor’ after the word ‘governor.’

The 10th section read, considered, amended and adopted as follows:

Sec. 10. An auditor of public accounts, and an attorney general and such other officers as may be necessary may be appointed by the general assembly, whose duties may be regulated by law.

The 11th section was read, considered and adopted without amendment.

Ordered, that the schedule as amended be engrossed and read a third time.

On the motion of mr. Echols,

Resolved that Henry S. Dodge, esq. be requested to assist the secretary in enrolling the different articles of the constitution.

Mr. Lemen moved to reconsider the vote taken on the passage of the 11th section of the second article of the draft of the constitution, which motion was decided in the negative.

Mr. Morse moved to reconsider the vote taken on the passage of the 18th section of the second article of the draft of the constitution; and on the question being put the yeas and nays being called for, were as follows:

Yeas — messrs. Bankson, Borough, Echols, Harrison, Kitchell, Lemen, Messinger, Moore, Morse, Prickett,

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Roberts, Stephenson, West, Whiteaker and White — 15.

Nays — messrs. Cairns, Compton, Cullom, Ferguson, Fisher, Gard, Hall, Hargrave, Hubbard, Jones, Kane, Kirkpatrick, M'Fatridge, M'Henry, Omelveny and Will 16. — The president voting in the affirmative, the convention was equally divided, so the motion was lost.

Mr. Kitchell moved to reconsider the vote taken on the passage of the fifth section of the fourth article of the draft of the constitution; which said motion was decided in the negative.

The convention then adjourned until 2 o'clock p. m. at which time the convention again met.

On the motion of mr. Borough,

Resolved, That all free white males twenty-one years of age and upwards who are actually residing in the state at the time of the first election, shall be equally entitled to suffrage with those who have been in the territory six months, provided however, that nothing herein shall be so construed as to extend any further than the first election under the direction of this constitution.

Mr. Gard offered the following resolution:

Resolved, that the seat of government for the state remain at Kaskaskia until it is further provided for by the general assembly of this state. And it shall be the duty of the general assembly at their first session to petition congress for the right of pre-emption of four sections of land on the Kaskaskia river as near as may be, east of the third principal meridian on said river, to be selected by five commissioners. If the grant should be made, it shall be the duty of the aforesaid assembly, at their next session after the grant is made, to lay out a town, which shall be the permanent seat of government for the state of Illinois, but if the grant should not be made by congress, in that case it shall be the duty of the general assembly to fix on some other place, that they shall think best for that seat.

On the question being put on the adoption of the said resolution, the yeas and nays were called for, and were as follows:

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Yeas — Messrs. Cairns, Compton, Cullom, Echols, Ferguson, Fisher, Gard, Harrison, Jones, Kane, Kirkpatrick, Kitchell, Lemen, M'Fatridge, Moore, Omelveny, West and Whiteaker — 18.

Nays — Messrs. Bankson, Borough, Hall, Hargrave, Hubbard, M'Henry, Messinger, Morse, Prickett, Roberts, Stephenson, Will and White — 13. — So the said resolution was adopted.

On the motion of Mr. Kitchell, the rules for the government of the convention was dispensed with, and the convention proceeded to the third reading of the schedule of the draft of the constitution, and considering the same, section by section.

The 1, 2, 3, 4, 5, 6, 7 and 8 sections were severally read, considered and passed without amendment.

The 9th section was read, considered, amended and passed by filling the blank therein with the words "on the first Thursday in September next and the two succeeding days."

The 10th and 11th sections were then severally read, considered and passed without amendment.

Mr. Messinger from the committee appointed to contract for printing five hundred copies of the constitution, reported as follows:

"To the Committee on public printing:

GENTLEMEN — We propose to print for the state five hundred copies of the constitution of the state of Illinois upon the same terms, that the journals are to be printed on, viz.

For composition, per page $1
paper, per ream, $6
press work, per token (10 qrs.) $1
folding and stitching, per copy, 06

We are gentlemen, your most obedient servants,

BLACKWELL AND BERRY,

Kaskaskia, August 20, 1818."

The committee appointed to contract for printing five

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hundred copies of the constitution, having examined the above proposals of messrs. Blackwell and Berry, accept the above proposals and report the same for the concurrence of the convention.

Which said proposals and report being read, was concurred in by the convention.

On the motion of mr. Kitchell, the select committee to whom was referred the petitions of sundry inhabitants of Randolph county were discharged from the further consideration thereof.

Mr. Fisher from the committee appointed to contract for stationary for the use of the convention, reported that they have purchased as follows:

From H. H. Maxwell, 12 yds. of baze at $2 pr. y. 24
From W. Morrison, 1 ream and 6 quires paper, 10
$ 34.00

Which said report was read and concurred in by the convention.

The Convention then adjourned until to-morrow morning 9 o'clock.

Saturday, August 22, 1818.

The Convention met.

The president laid before the convention the petition of William Thompson and others, praying that the moral law shall be taken as the foundation of the constitution, and the scriptures declared to be the word of God, the supreme rule of faith and practice.

On the motion of mr. Cullom,

Ordered, that the said petition be laid on the table until the fourth day of March next.

The resolution offered by mr. Gard on yesterday and adopted for fixing the permanent seat of government was read the second time.

The resolution offered yesterday by mr. Borough and adopted for extending the right of suffrage was taken up and read the second time; and on the question being put

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on adopting the same, the yeas and nays being called for, were as follows:

Yeas — messrs. Borough, Prickett and Stephenson — 3

Nays — messrs. Bankson, Cairns, Compton, Cullom, Echols, Ferguson, Fisher, Gard, Hall, Hargrave, Harrison, Hubbard, Jones, Kane, Kirkpatrick, Kitchell, Lemen M'Fatridge, M'Henry, Messinger, Moore, Morse, Omelveny, Roberts, West, Will, Whiteaker and White, 28. — So the said resolution was rejected.

On the motion of mr. Kitchell,

Resolved, that a committee of revision to consist of three be appointed whose duty it shall be to examine the draft of the constitution as amended and passed, and make report to this convention on next Monday morning at 9 o'clock.

Ordered, that messrs. Lemen, Omelveny and Kane be that committee.

The convention then adjourned until 3 o'clock, p. m. at which time the convention again met.

On the motion of mr. Hubbard, the convention agreed to reconsider the vote given on the passage of the second section of the second article of the draft of the constitution as amended. Mr. Prickett moved to strike out the word "first" before the word "Thursday" and to insert the word "fourth" in lieu thereof; on the question being put thereon, the yeas and nays were called for, and were as follows:

Yeas — messrs. Ferguson, Messinger, Morse, Omelveny, Prickett, Roberts, Stephenson, West and White — 9.

Nays — messrs. Bankson, Borough, Cairns, Compton, Cullom, Echols, Fisher, Gard, Hall, Hargrave, Harrison Hubbard, Jones, Kane, Kirkpatrick, Kitchell, Lemen, M'Fatridge, M'Henry, Moore, Will and Whiteaker — 22.

So the said motion of mr. Prickett, was rejected.

Mr. Ferguson moved to strike out the word ‘first’ before the word ‘Thursday,’ and insert the word ‘third’ in lieu thereof; and on the question being put thereon, the yeas and nays being called for, were as follows

Yeas — messrs. Bankson, Borough, Cairns, Compton,

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Cullom, Echols, Ferguson, Fisher, Gard, Hargrave, Hubbard, Jones, Kane, Kirkpatrick, Kitchell, Lemen, M'Fatridge, M'Henry, Messinger, Moore, Morse, Omelveny, Prickett, Roberts, Stephenson, West, Will, Whiteaker and White — 29.

Nays — messrs. Hall and Harrison — 2.

So the said amendment was adopted; and the said section as amended was passed.

On the motion of mr. Kane, the convention agreed to reconsider the vote given on the passage of the second section of the third article of the draft of the constitution as amended; Mr. Kane moved to strike out the word ‘first’ before the word ‘Thursday,’ and insert the word ‘third’ in lieu thereof, which motion was decided in the affirmative, and the said section so amended was passed.

On the motion of mr. Kane, the convention agreed to reconsider the vote given on the passage of the eleventh section of the third article of the draft of the constitution as amended. Mr. Kane moved to insert the words ‘at the same times and’ after the word ‘elected’ in the third line, which said motion was decided in the affirmative; and the said section so amended was adopted and passed.

On the motion of mr. Messinger, the 1, 2, 3, 4, 5, 6, 7 and part of the 8th articles of the draft of the constitution, as amended and enrolled was read over.

The Convention then adjourned until next Monday morning 9 o'clock.

Monday, August 24, 1818.

The Convention met.

Mr. Borough offered the following resolution:

Resolved, That all white male inhabitants above the age of twenty-one years, who shall be actual residents of this state at the signing of this constitution, shall have a right to vote at the election to be held on the third Thursday and the two following days of September next.

On the question being put on adopting the said resolution, the yeas and nays were called for, and were as follows:

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Yeas — messrs. Bankson, Borough, Cullom, Ferguson, Hargrave, Harrison, Hubbard, Kitchell, Lemen, M'Henry, Messinger, Morse, Omelveny, Prickett, Roberts, Stephenson, West and White — 18.

Nays — messrs. Cairns, Compton, Echols, Fisher, Gard, Hall, Jones, Kane, Kirkpatrick, M'Fatridge, Moore and Whiteaker — 12 — So the said resolution was adopted.

Mr. Kane from the committee appointed to revise and examine the draft of the constitution, reported that the committee had examined carefully the enrolment of the draft of the constitution as amended and passed, and had corrected sundry inaccuracies therein, and recommend that the twenty-second section of the eighth article be wholly expunged.

Which said report being considered and understood, the same was concurred in by the convention.

On the motion of mr. Kane, the convention agreed to reconsider the vote given on the passage of the twenty-fifth section of the second article. Mr. Kane moved to strike out the words ‘become a candidate for or’ in the last line, and to add the following words to the end of the section ‘nor shall any person holding an office of honor or profit under the United States, hold any office of honor or profit under the authority of this state;’ which said motion was decided in the affirmative; the said amendment being adopted, the said section as amended was then considered and passed.

On the motion of mr. Kane, the convention reconsidered the vote given on the passage of the eighth section of the fourth article, and the same being taken up was amended, considered and passed as follows:

Sec. 8. A competent number of justices of the peace shall be appointed in each county in such manner, at such times and such places as the general assembly may direct, whose time of service, power and duty, shall be regulated and defined by law; and justices of the peace when appointed, shall be commissioned by the governor.

Mr. Messinger moved to reconsider the vote given on the passage of the fifth section of the fourth article; on

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the question being put on the said motion, the yeas and nays being called for, were as follows:

Yeas — messrs. Ferguson, Fisher, Hargrave, Hubbard, Kane, Kitchell, M'Henry, Messinger, Morse, Omelveny, Prickett, Roberts, Stephenson, Will and White — 15.

Nays — messrs. Bankson, Borough, Cairns, Compton, Cullom, Echols, Gard, Hall, Harrison, Jones, Kirkpatrick, Lemen, M'Fatridge, Moore, West and Whiteaker, 16 — The President refusing to vote in the affirmative, the said motion was rejected.

Mr. Prickett moved to reconsider the vote given on the passage of the eighteenth section of the second article, and the question being put, the yeas and nays being called for, were as follows:

Yeas — messrs. Bankson, Borough, Kitchell, Lemen, M'Henry, Messinger, Moore, Morse, Omelveny, Prickett, Roberts, Stephenson, West, Will, Whiteaker and White — 16.

Nays — messrs. Cairns, Compton, Cullom, Echols, Ferguson, Gard, Hall, Hargrave, Harrison, Hubbard, Jones, Kane, Kirkpatrick, and M'Fatridge — 14.

So the said motion was carried.

Mr. Moore moved to strike out the words ‘twelve hundred and fifty,’ and insert the words ‘one thousand’ in lieu thereof, on the question being put, and the yeas and nays being called for, were as follows:

Yeas — messrs. Bankson, Borough, Echols, Harrison, Kitchell, Lemen, M'Henry, Messenger, Moore, Morse, Omelveny, Prickett, Roberts, Stephenson, West, Will and Whiteaker — 17.

Nays — messrs. Cairns, Compton, Cullom, Ferguson, Fisher, Gard, Hall, Hargrave, Hubbard, Jones, Kane, Kirkpatrick, M'Fatridge and White — 14.

So the said amendment was adopted.

Mr. Hargrave moved to strike out the words ‘greater or’ in the said section, which motion was decided in the negative. And the section as amended was adopted and passed.

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The convention then adjourned until 2 o'clock p. m. at which time the convention again met.

On the motion of mr. Kitchell, the resolution introduced by mr. Gard to fix the seat of government was taken up and read the third time.

Mr. Gard offered the following as a substitute for the original resolution:

The seat of government for this state shall be at Kaskaskia until the general assembly shall otherwise provide. The general assembly at their first session holden under the authority of this constitution, shall petition the congress of the United States to grant this state a quantity of land, to contain not more than four nor less than one section, or to give to the state the right of preemption in the purchase of such quantity of land, the said land to be situated on the Kaskaskia river and as near as may be east of the third principal meridian on said river; should the prayer of such petition be granted, the general assembly at their next session thereafter shall provide for the appointment of five commissioners to make the selection of the said land so granted, and shall further provide for laying out a town upon the land so selected, which town so laid out shall be the permanent seat of government for this state; should however, the prayer of said petition not be granted, the general assembly shall have power to make such provisions for a permanent seat of government as may be necessary, and shall fix the same where they may think best.

Mr. White moved to strike out all of the said substitute after the word ‘provide’ in the third line, and on the question being put on the said motion, the yeas and nays being called for, were as follows:

Yeas. — messrs. Bankson, Borough, Ferguson, Fisher, Hargrave, Hubbard, M'Henry, Messinger, Moore, Morse, Prickett, Roberts, Stephenson, Will and White — 15.

Nays — messrs. Cairns, Compton, Cullom, Echols, Gard, Hall, Harrison, Jones, Kane, Kirkpatrick, Kitchell, Lemen, M'Fatridge, Omelveny, West and Whiteaker, 16.

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The president refusing to vote in the affirmative, the said motion was rejected.

Mr. Kane moved to strike out the word ‘permanent’ in the sixteenth line of the said substitute and to insert the words ‘for the term of twenty years’ at the end of the said line, which said motion was carried in the affirmative, and the said resolution as amended and adopted, on the question being put on the passage thereof, and the yeas and nays being called for, were as follows:

Yeas — messrs. Bankson, Borough, Cairns, Compton, Cullom, Echols, Ferguson, Fisher, Gard, Hall, Harrison, Hubbard, Jones, Kane, Kirkpatrick, Kitchell, Lemen, M'Fatridge, Messinger, Moore, Morse, Omelveny, West, Will and Whiteaker — 25.

Nays — messrs. Hargrave, M'Henry, Prickett, Roberts, Stephensen and White — 6.

So the said resolution was passed as amended, and the same to be a section in the schedule.

On the motion of mr. Messinger, the convention agreed to reconsider the vote given on the passage of the ninth section of the schedule, and the same being taken up and considered, mr. Messinger offered the following amendment, after the word ‘counties’ in the third line insert the following, ‘or in case of the absence or disability of any sheriff, then the deputy sheriff, and in case of the absence or disability of the deputy sheriff, then such writ shall be directed to the coroner.’

Mr. Kane moved to strike out the word ‘first’ and insert the word ‘third’ in lieu thereof, before the word ‘Thursday;’ which said motions were severally decided in the affirmative, and the said section as amended was adopted and passed.

On the motion of mr. Borough, the convention dispensed with the rules thereof, and the resolution introduced to-day by mr. Borough for extending the right of suffrage was taken up and read the second and third time, and the same being considered, was adopted and passed, and the same to form a section in the schedule.