Sect. 1. That all men are born equally free and independent, and have certain inherent and indefeasible rights; among which are those of enjoying and defending life and liberty, and of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.

Sect. 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.

Sect. 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 controul or interfere with the rights of conscience; and that no preference shall ever be given by law to any religious establishments or modes of worship.

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

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

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

Sect. 8. That no freeman shall be imprisoned or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty or property, but by the judgment of his peers or the law of the land. 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 to the inhabitants of such town, hamlet, village or corporation: and the said commons shall not be leased, sold or divided under any pretence whatever: Provided however, that nothing in this section shall be so construed as to affect the commons of Cahokia or Prairie Dupont: Provided also, that the general assembly shall have power and authority to grant the same privilege to the inhabitants of the said villages of Cahokia and Prairie Dupont as are hereby granted to the inhabitants of other towns, hamlets and villages.

Sect. 9. That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel; to demand the nature and cause of his accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of wit

nesses in his favor. And in prosecutions by indictment or information, a speedy public trial by an impartial jury of the vicinage: and that he shall not be compelled to give evidence against himself.

Sect. 10. That no person shall for any indictable offence, be pr^ceeded 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.

Sect. 11. No person shall for the same offence be twice put in jeopardy of his life or limb: nor shall any man's property be taken or applied to public use, without the consent of his representatives in the general assembly. nor without just compensation being made to him.

Sect. 12. Every person within this state ought to find a certain remedy in the laws, for all injuries or wrongs which he may receive in his person, property, or character; he ought to obtain right and justice freely and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to

the laws.

Sect. 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.

Sect. 14. All penalties shall be proportioned to the nature of the offence, the true design of all punishments being to reform, not to exterminate, mankind.

Sect. 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.

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

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

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

Sect. 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 general assembly for redress of grievances.

Sect. 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.

Sect. 21. That there shall be no other banks or monied institu 3

tions in this state but those already provided by law, except a state bank and its branches, which may be established and regulated by the general assembly of the state as they may think proper.

Sect. 22. The printing presses shall be free to every person who undertakes to examine the proceedings of the general assembly or of any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak,write, and print, on any subject, being responsible for the abuse of that liberty.

Sect. 23. In prosecutions for the publication of papers investigating the official conduct of officers, or of 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 the right of determining both the law and the fact, under the direction of the court, as in other cases.

SCHEDULE.

Sect. 1. That no inconveniences may arise from the change of a territorial to a permanent state government, it is declared by the convention, that all rights, suits, actions, prosecutions, claims and contracts, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this government in vir of the laws now in force.

Sect. 2. All fines, penalties, and forfeitures due and owing to the territory of Illinois, shall enure to the use of the state. All bonds executed to the governor, or to any other officer in his official capacity in the territory, shall pass over to the governor or to the officers of the state and their successors in office for the use of the state, by him or by them to be respectively assigned over to the use of those concerned, as the case may be.

Sect. 3. No sheriff or collector of public moneys shall be eligible to any office in this state, until they have paid over, according to law, all moneys which they may have collected by virtue of their respective offices.

Sect. 4. There shall be elected in each county three county commissioners for the purpose of transacting all county business, whose time of service, power, and duties, shall be regulated and defined by law.

Sect. 5. The governor, secretary, and judges, and all other officers under the territorial government, shall continue in the exercise of the duties of their respective departments until the said officers are superceded under the authority of this constitution.

Sect. 6. The governor of this state shall make use of his private seal, until a state seal shall be provided.

Sect. 7. The oaths of office herein directed to be taken, may be administered by any justice of the peace until the general assembly shall otherwise direct.

Sect. 8. Until the first census shall be taken as directed by this constitution, the county of Madison shall be entitled to one senator and three representatives; the county of St. Clair, to one senator and three representatives; the county of Bond, to one senator and one representative; the county of Washington, to one senator and one representative; the county of Monroe, to one senator and one representative; the county of Randolph, to one senator and two repesen. tatives; the county of Jackson, to one senator and one representative; the counties of Johnson and Franklin to form one senatorial district,

and to be entitled to one senator, and each county to one representative; the county of Union, to one senator and two representatives; the county of Pope, to one senator and two representatives; the county of Gallatin, to one senator and three representatives; the county of White, to one senator and three representatives; the county of Edwards, to one senator and two representatives; and the county of Crawford, to one senator and two representatives.

Sect. 9. The president of the convention shall issue writs of election, directed to the several sheriffs of the several counties, or in case of the absence or disability of any sheriff, then to the deputy sheriff, and in case of the absence or disability of the deputy sheriff, then such writ to be directed to the coronor, requiring them to cause an election to be held for governor, lieutenant governor, representative to the present Congress of the United States, and members to the general assembly, and sheriffs and coronors in the respective counties; such election to commence on the third Thursday of September next, and to continue for that and the two succeeding days; and which election shall be conducted in the manner prescribed by the existing election laws of the Illinois Territory; and the said governor, lieutenant governor, members of the general assembly, sheriffs and coronors, then duly elected, shall continue to exercise the duties of their respective offices for the time prescribed by this constitution, and until their successor or successors are qualified, and no longer.

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

Sect. 11. It shall be the duty of the general assembly to enact such laws as may be necessary and proper to prevent the practice of duelling.

Sect. 12. 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 a vote at the election to be held on the third Thursday, and the two following days of September next.

Sect. 13. The seat of government for the 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 to this state a quantity of land, to consist of not more than four nor less than one section, or to give to this state the right of preemp. tion in the purchase of the said quantity of land. The said land to be situate 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 said land so granted; and shall further provide for laying out a town upon the land so selected; which town, so laid