shall not receive as a compensation for their services a greater sum than two thousand dollars per annum; and that all fees and emoluments, of every kind, in excess of such sums, shall be paid into the county treasuries, in manner to be provided by law: Provided, tha said amendment shall apply only to officers hereafter to be elected or appointed.

Mr. Eldridge introduced the following resolution; which was read by the Secretary, and referred to the committee on Penitentiary and Reformatory Institutions:

That the committee on Penitentiary and Reformatory Institutions be requested to consider and report to this Convention, as to the necessity and expediency of inserting in the proposed Constitution a provision authorizing the General Assem bly to provide, by general law, that counties may establish local penitentiaries and reformatory institutions, and prescribe the grade of offenses which shall be punished by confinement therein.

Mr. Eldridge introduced the following resolution; which was read by the Secretary, and referred to the committee on Roads and Internal Improvements:

Resolved, 1. That all traveled roads and highways which shall have been open to the public for.... years, and upwards, next preceding the adoption of this Constitution, and the legality of which has been acquiesced in during such period by the owner or owners of the fee of the land over which such roads and highways may pass, shall forever thereafter be deemed public highways, until vacated in pursuance of law.

2. That the General Assembly should provide, by general law, the manner in which the existence of such highways should be determined; and in all suits, when the existence of a public road or highway shall be in question, the jury should be the judges of the law and the fact.

Mr. Vandeventer offered the following resolution; which was referred to the committee on Printing and Binding:

Resolved, That eighty-five copies of the journal of this Convention be bound in law sheep binding, for the use and benefit of the members of this Convention, and that the rest ordered to be published be bound the same as the session laws of the State are ordinarily bound.

Mr. Atkins offered the following resolution; which was referred to the committee on Railroads:

Resolved, That the committee on Railroads be instructed to inquire into the expediency of reporting at an early day an amendment to the Constitution, in substantially the following language:

ILLINOIS CENTRAL RAILROAD COMPANY.

ARTICLE All the obligations, liabilities and liens in favor of the State of Illinois, contained in the act of the General Assembly of this State, approved February 10th, A. D. 1851, incorporating the Illinois Central Railroad Company, and in all acts of the General Assembly amendatory thereof, shall be held perpetual and unalterable; and no law or resolution shall ever be passed by the General Assem bly annulling, releasing, altering, or in any form impairing or diminishing any the said obligations, liabilities or liens so existing in behalf of this State. Mr. Snyder offered the following preamble and resolution; were referred to the committee on the Bill of Rights:

of

which

WHEREAS all attempts to regulate moral ideas, habits and tastes, establish customs and force religious or moral opinions upon and interfere with the innocent amusements of any class of our citizens, under any pretext whatever, by legislation, are inconsistent with the letter and spirit of the Constitution of the United States, which guarantees to every citizen the free and undisturbed enjoyment of liberty of conscience, destructive of the main principles of the declaration of independ

ence, granting to every man untrammeled pursuit of his own happiness, and contrary to all maxims of a republican form of government, whose main pillars are religious and personal liberty; and whereas all classes of our citizens are, for their conduct, amenable to the laws of the land, and infringements upon the rights, privileges and liberties of others, breaches of the public peace, or conduct detrimental to morals, should be met with its penalty, equally, on any day of the week; therefore,

Resolved, That the State Legislature shall pass no sumptuary laws, by which the personal liberty of any class of our citizens may be abridged or interfered with. That this article be submitted separately to the people for adoption, and if adopted, shall form part of this Constitution.

Mr. Archer offered the following resolution; which was referred to the committee on the Legislative Department:

Resolved, That the committee on the Legislative Department inquire into the expediency of so amending the Constitution of this State as to provide that the common law shall prevail and be in force in this State as the rule governing the property and estate, real and personal, of married women, owned by them at the time of their marriage or acquired by them during coverture, by descent, devise or otherwise; and that all laws of this State in conflict with the common law in regard to such property and estate shall be void.

On motion of Mr. Fox,

At 12 o'clock and 55 minutes, the Convention adjourned.

THURSDAY, JANUARY 13, 1870.

The Convention met, pursuant to adjournment.

Prayer by Rev. Mr. Ingmire.

The journal was read and approved.

The President presented a communication from the State Treasurer; which was read, and is as follows:

HON. CHARLES HITCHCOCK,

TREASURER'S OFFICE, SPRINGFIELD, ILL., January 12th, 1870.

President of the Constitutional Convention:

1870. }

SIR: In response to a resolution of the Convention, asking for a detailed statement of the nature and character of the duties of the State Treasurer, whether relating to affairs of State, individuals or corporations, whether performed by law or otherwise, and for a full statement of moneys, fees and emoluments received for performing the same, and the amount of money actually paid for clerk hire, I have the honor to report that it is the duty of the Treasurer to receive, on the order of the Auditor, and safely keep all public moneys of this State, and to pay out the same on the warrant of the Auditor.

To receive, on order of the court, and pay out on the same order, all moneys belonging to unknown and minor heirs.

To keep a regular and fair account of all moneys and revenues received and paid out according to law, stating particularly on what account such sum is received and paid out, and the time when so received and paid out.

To report, monthly, to the Auditor what moneys are received and on what account they are received; what moneys are paid out, and to deposit with the Auditor the warrants paid and to take his receipt for the same.

To pay in New York city the interest on the State Debt, semi-annually, and the principal of the same, when called in by proclamation of the Governor.

To pay from funds especially collected for that purpose, the principal and interest, as they mature, of such town, city, county and railroad bonds as have been registered by the Auditor in accordance with law.

To receive and hold on deposit, for the benefit of their policy-holders, the securities of such Life Insurance companies as see fit to deposit with him for that purpose, and to report annually to the Governor the financial transactions of the State for the year.

For these services the Treasurer receives a salary of eight hundred dollars per annum, and for clerk hire, twenty-five hundred dollars.

Those towns, cities and counties for which moneys have been paid, have been charged one per cent., and I have received from this source, during the past year, seven hundred and thirty-one dollars and nineteen cents.

Those Insurance companies which have deposited securities, have been charged one-tenth of one per cent. per annum, on the amount deposited, and I have received from this source (extending over a large part of the present year), three hundred and seventy-five dollars, making a total of all receipts for services rendered of four thousand four hundred and six dollars and nineteen cents.

This does not include traveling expenses and expenses incurred in New York in paying principal and interest of State debt. I have charged six hundred and fifty dollars a trip to New York, and have made two trips during the past year, This includes the entire expense of disbursement in New York, there being no other charge for this service, as was the case previous to 1867. Nor does it include the $1000 per annum appropriated for repairs and incidental expenses of the Treasurer's office. This statement includes all moneys, fees and emoluments belonging to and received by this office.

I have paid out during the past year, for clerk hire, eighteen hundred dollars. Respectfully submitted,

ERASTUS N. BATES,
State Treasurer.

Mr. Wells presented a communication from J. H. Schnebly, of Peoria, on the subject of roaus; which was referred to the committee on Roads and Internal Navigation:

Mr. Harwood offered the following resolution; which was referred to the committee on Legislative Department:

APPORTIONMENT AND REPRESENTATION.

Resolved, That the committee on the Legislative Department be instructed to inquire into the expediency of inserting into the Constitution, as substitutes for sections six, eight and nine, of article third, of our present Constitution, the following provisions or sections, to-wit:

SECTION 1. The Senate shal! consist of fifty members, and the House of Representatives shall consist of as many members as the several counties of the State shall be entitled to, in the aggregate, under the following provisions, viz:

1st. The whole population of the State shall be divided by the number "one hundred and fifty," and the quotient shall be the ratio of representation in the House of Representatives.

2d. Every county shall be entitled to at least one representative; every county containing said ratio and two-thirds over, shall be entitled to two representatives; every county containing twice said ratio, and two-thirds over, shall be entitled to three representatives; and so on, requiring after the first two, an entire ratio for each additional representative.

3d. When any county shall have a fraction above the ratio so large, that, being multiplied by five, the result will be equal to one or more ratios, additional representatives shall be apportioned for such ratios among the several sessions of the enumerative period, in the following manner: If there be only one ratio, a representative shall be aflotted to the fifth session of such period; if there be two ratios, a representative shall be allotted to the fourth and third sessions, respectively; if three, to the third, second and first sessions, respectively; if four, to the fourth, third, second and first sessions, respectively.

§ 8. In the year one thousand eight hundred and fifty-five, and every ten years thereafter, an enumeration of all the inhabitants of this State shall be made, in such manner as shall be directed by law; and in the year eighteen hundred and fifty, and every tenth year thereafter, the census taken by authority of the govern

ment of the United States shall be adopted by the General Assembly as the enumeration of this State. And at the first regular session holden after the returns herein provided for are made, the Legislature shall rearrange the senatorial districts according to the number of the inhabitants, and also determine the number of representatives which each county is entitled to according to the provisions in section six of this article. The said senatorial districts, and also the number of representatives thus determined for each county, shall remain unaltered until the return of another enumeration.

§ 9. Senatorial districts shall be composed of compact territory, bounded by county lines, and only one senator allowed to each senatorial district: Provided, that cities and towns containing the requisite population may be erected into separate districts.

Mr. Wall offered the following resolution, and moved its adoption; which was agreed to:

Resolved, That the Auditor of Public Accounts be requested to furnish to this Convention a detailed statement of the amount expended by the State for or on account of the penitentiary, including the pay of officers and employees, since the 1st day of January, 1867.

Mr. Tincher offered the following resolutions, and moved their adop tion; which was agreed to:

Resolved, That it is with great pleasure that this Convention expresses its high appreciation of the historical and life-like paintings on exhibition in this hall, representing two of Illinois' most gifted sons, Abraham Lincoln and Stephen A. Douglas. The one having riven asunder the shackles of the slave, by the stroke of his pen, is contemplating in the vista of coming years the oppressed in the enjoyment of liberty and manhood, his native country united, prosperous and happy, and her example imparting to other nations the blessings of free institutions. The other presents the orator whose matchless eloquence enraptured the thousands who heard his popular discourses, whose efforts at the bar are models of forensic pleading, whose discussions in the Senate of the United States won the admiration of the nation and established his reputation as the most effective debater of the age.

Resolved, That these splendid mementoes of departed greatness will not only tastefully decorate the halls of legislation, but enkindle in the minds of future statesmen the love of country which distinguished the patriots whose lineaments are portrayed on the breathing and speaking canvas before us.

Resolved, That we consider the State fortunate in having secured the service of A. E. Darling, whose genius and skill have been so eminently successful in producing these gems of art, and of C. C. Howorth and brother, who have manufactured, in the city of Springfied, frames, the workmanship of which exhibits such rare mechanical taste and execution.

Mr. Cummings offered the following resolution; which was referred to the committee on Counties:

Resolved, That the committee on Counties be instructed to inquire into the expediency of adopting the following, as the article upon counties:

SECTION 1. No county seat shall be removed in organized counties, where the county buildings are erected, until the point to which it is proposed to be removed shall be fixed by law, and two-thirds of the legal voters of the county voting for such purpose shall have voted in favor of its removal to such point.

$2. No new county shall be formed or established by the General Assembly which will reduce the county or counties from which it shall be taken, to less contents than four hundred square miles; nor shall any line thereof pass within less than ten miles of any existing county seat.

§ 3. No county or counties shall be divided, for the purpose of forming a new county, unless two-thirds of the legal voters residing within the territory proposing to be formed into a new county shall petition the General Assembly for the

same.

§ 4. Any new county which shall hereafter be formed out of the territory of one or more organized counties, the inhabitants of such new county shall be re

quired to pay their proportion of all the existing debts of the county or counties from which said new county may be formed.

$ 5. All territory which may be stricken off by legislative enactment from any established county or counties, shall, during its unorganized state, be and remain a part of the county or counties from which it was originally taken, for all purposes of State and county government, until it be fully organized by law.

Mr. Anthony presented a communication, from Wm. T. Burgess, of Chicago; which was referred, without reading, to the committee on the Judiciary.

Mr. Wagner offered the following resolution; which was referred to the committee on State, County and Municipal Indebtedness:

Resolved, That the experience of the last ten years has taught us, among other things, that counties, towns and municipalities have donated, appropriated and lent credit to an extent that has proved in very many instances almost ruinous, and unless something be done to restrain such action in the future, the substance of the people will have been swallowed up by the persistent demands of unscrupulous and mercenary monopolies.

Also, the following; which was referred to the committee on Counties:

Resolved, That the committee on Counties take into consideration the propriety of reporting in favor of so amending the Constitution that county boundaries may be changed, where such boundaries are described by the subdivision of townships, by the people occupying such subdivided districts.

Also, the following; which was referred to the committee on Education:

Resolved, That the committee on Education be requested to report in favor of amending the Constitution, prohibiting the General Assembly from abolishing or in any way impairing the present school system of the State.

Mr. Perley offered the following; which was referred to the committee on the Bill of Rights:

Resolved, That the free exercise and enjoyment of religious profession and wor ship, without discrimination or preference, shall forever be allowed in this State; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief, nor be questioned in any court of justice touching his religious belief, to affect the weight of his testimony; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace or safety of this State. Mr. Underwood offered the following resolution; which was referred to the committee on the Legislative Department:

Resolved, That fees of officers of the same grade should be uniform throughout the State, and that the same should be fixed by general laws, and the Legislature be prohibited from making laws discriminating between officers of the same class in different counties.

Mr. McCoy, by permission, presented a communication from the board of supervisors of Whiteside county; which was referred to the committee on Federal Relations :

Also, the following resolution; which was referred to the committee on Roads and Internal Navigation:

WHEREAS it is essential to the principles of civil liberty, that no person should be disseized of his freehold or in any manner deprived of his property but by the judgment of his peers or the law of the land; and whereas, also, the most exact idea of property remains in the government or in the aggregate body of the people, in their sovereign capacity, and, as such, cach member thereof is entitled to equality of public rights; therefore,