BY THE ILLINOIS STATE HISTORICAL LIBRARY HARVARD UNIVERSIT MAR 1945 OF PUBLIS ADMINSERRATION GRADUATE SOMBUL STRADES COUNCIL ILLINOIS STATE JOURNAL Co., STATE PRINTERS SPRINGFIELD, ILL 1919 12716-3M PREFACE The more important acts of congress relating to the government of the territory now comprising the state of Illinois and the organic or fundamental laws adopted by the state after its admission to the union have never been published in one compact volume. In view of the fact that the people of the state of Illinois, on November 5, 1918, cast their votes in favor of calling a constitutional convention, it seems desirable that such a volume should be published. The purpose of this publication is to make the acts of congress providing for the government of the territory now embraced within the state of Illinois, the Ordinance of 1818, and the three state constitutions more accessible to those who wish to acquaint themselves with the provisions of these documents. This volume, however, does not contain all the acts of congress relating to the government of the territory now constituting the state of Illinois. Only the more important of these acts are reprinted. The acts of congress as they appear in this volume have not been compared with the original instruments. A comparison has been made, however, with the acts as they appear in the official compilations of the statutes of the United States. The original manuscripts of the Ordinance of August 26, 1818, and the three Illinois constitutions are on file in the office of the secretary of state and the texts of these documents as they appear in this volume have been compared with the original manuscripts. The amendments to the Constitution of 1870 have also been compared with the official texts on file in the office of the secretary of state. Many of the provisions of the constitutions of 1818, 1848, and 1870 have been construed and applied by the supreme court of this state. It seems desirable that the decisions of the supreme court interpreting the provisions of the three state constitutions should be noted. Each of the three constitutions is divided into articles and sections. Under each section as it appears in this compilation there are set forth the supreme court decisions which construe or apply that provision. No attempt is made, however, to list all the decisions of the supreme court bearing on constitutional questions. Only those cases which are deemed leading cases in the construction and application of the provisions of the three state constitutions are cited. In making the annotation of cases volumes 1 to 281, inclusive, of the Illinois supreme court Reports have been consulted. A full and complete index to the Constitution of 1870 has been prepared. It has not been deemed necessary, however, to index the constitutions of 1818 and 1848, since the table of contents will serve for that purpose. Obviously, the present constitution will be consulted more frequently than the two preceding constitutions. For A brief account of the constitutional history of Illinois has been added for the convenience of the reader. assistance in this work I wish to express my indebtedness to the editor-in-chief, Clarence W. Alvord, and his assistants, Miss Ruth E. Hodsdon, Miss Leila O. White, and Miss Margaret Doherty. In the preparation of this volume I have received many valuable suggestions from Major W. F. Dodd, Secretary of the Legislative Reference Bureau. SPRINGFIELD, ILLINOIS January, 1919 EMIL JOSEPH VERLIE TABLE OF CONTENTS Sections: 1. temporary government; 2. rules of inheritance, dower, wills, conveyances; 3. governor; 4. secretary-judges; 5. laws; 6. militia officers; 7. civil officers; 8. territorial subdi- visions, counties, townships; 9. general assembly, eligibility of representatives; 10. representatives, term of office, vacan- cies; 11. general assembly, legislative council, veto; 12. oath of office, delegates to congress; 13. purpose of ordinance; 14. Articles: I. religious liberty; II. civil rights; III. education, Sections: 1. Indiana territory created; 2. government of Indiana territory; 3. officers of Indiana territory; 4. general assembly ACT OF CONGRESS, FEBRUARY 3, 1809.. Sections: 1. Illinois territory created; 2. government of Illinois territory; 3. officers of Illinois territory; 4. general assembly of Illinois territory; 5. effect of this act with respect to In- diana territory; 6. effect of this act as to legal proceedings already instituted; 7. effect of this act as to taxes already |