ILLINOIS. The name of one of the United States of America. This state
was admitted into the Union by virtue of a "Resolution declaring the admission
of the state of Illinois into the Union," passed December 3, 1818, in the
following words: Resolved, &c.;That, whereas, in pursuance of an Act of
Congress, passed on the eighteenth day of April, one thousand eight hundred and
eighteen, 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," the people of
said territory did, on the twenty-sixth day of August, in the present year, by a
convention called for that purpose, form for themselves a constitution and state
government, which constitution and state government, so formed, is republican,
and in conformity to the principles of the articles of compact between the
original states and the people and States in the territory northwest of the
river Ohio, passed on the thirteenth day of July, one thousand seven hundred and
eighty-seven: Resolved, &c.;That the state of Illinois shall be one, and is
hereby declared to be one, of the United States of America, and admitted into
the Union on an equal footing with the original states, in all respects
2. A constitution for this state, was adopted in convention held at
Kaskaskia, on the 26th day of August, 1818, which continued in force until the
first day of April; 1848. A convention to revise the constitution assembled at
Springfield, June 7, 1847, in pursuance of an act of the general assembly of the
state of Illinois, entitled "An act to provide for the call of a convention: On
the first day of August, 1848, this convention adopted a constitution of the
state of Illinois, and by the 13th section of the schedule thereof it provided
that this constitution shall be the supreme law of the land from and after the
first day of April, A. D. 1848.
3. It will be proper to consider, 1. The rights of citizens to vote at
elections. 2. The distribution of the powers of government.
4. - 1. The sixth article directs that, 1. In all elections, every white male
citizen above the age of twenty-one years, having resided in the state one year
next preceding any election, shall be entitled to vote at such election; and
every white male inhabitant of the age aforesaid, who may be a resident of the
state' at the time of the adoption of this constitution, shall have the right of
voting as aforesaid; but no such citizen or inhabitant shall be entititled to
vote, except in the district or county in which he Shall actually reside lit the
time of such election.
2. All votes shall be given by ballot.
5. No elector loses his residence in the state by reason of his absence on
business of the United States, or this state.
6. No soldier, seaman or mariner of the United States, is deemed a resident
of the state, in consequence of being stationed within the state.
5. The second article distributes the powers of the government as
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 judicial, to another.
2. No person, or collection of persons, being one of these departments, shall
exercise any power properly belonging to either of, the others, except as
hereinafter expressly directed or permitted; and all acts in contravention of
this section shall be void. These will be separately considered.
6. The legislative department will be considered by taking a view, 1. Of
those parts of the constitution which relate to the general assembly. 2. Of the
senate. 3. Of the house of representatives.
7. - 1st. Of the general assembly. The third article of the constitution
provides as follows
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.
2. The first election for senators and representatives shall be held on the
Tuesday after the first Monday in November, one thousand eight hundred and
forty-eight; and thereafter, elections for members of the general assembly shall
be held once in two years, on the Tuesday next after the first Monday in
November, in each and every county, at such places therein as may be provided by
7. No person elected to the general sembly shall receive any civil
appointment within this state, or to the senate of the United States, from the
governor, the governor and senate, or from the general assembly, during the term
for which he shall have been elected; and all such appointments, and all votes
given for any such member for any such office or appointment, shall be void; nor
shall any member of the general assembly be interested, either directly or
indirectly, in any contract with the state, or any county thereof, authorized by
any law passed during the time for which he shall have been elected, or during
one year after the expiration thereof.
12. The senate and house of representatives, when assembled, shall each
choose a speaker and other officers, (the speaker of the senate excepted.) Each
house shall judge of the qualifications and election of its own members, and sit
upon its own adjournments. Two-thirds of each house shall constitute a quorum
but a smaller number may adjourn from day to day, and compel the attendance of
13. 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.
14. Any two members of either house shall have liberty to dissent and protest
against any act or resolution which they may think injurious to the public, or
to any individual, and have the reasons of their dissent entered on the
15. Each house may determine the rules of its proceedings, punish its members
for disorderly behaviour, and, with the concurrence of two-thirds of all the
members elected, expel a member, but not a second time for the same cause; and
the reason for such expulsion shall be entered upon the journal, with the names
of the members voting on the question.
16. When vacancies shall happen in either house, the govenor, or the person
exercising the powers of governor, shall issue writs of election to fill such
17. 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.
18. Each house may punish, by imprisonment during its session, 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.
19. 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 require 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
8. - 2d Of the senate. The senate will be considered by taking a view of, 1.
The qualification of senators. 2. Their election. 3. By whom elected. 4. When
elected. 5. Number of senators. 6. The duration of their office.
9. First. Art. 3, s. 4, of the Constitution, directs that "No person shall be
a senator who shall not have attained the age of thirty years; who shall not be
a citizen of the United States, five years an inhabitant of this state, and one
year in the county or district in which he shall be chosen, immediately
preceding his election, if such county or district shall have been so long
erected; but if not, then within the Iimits 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 not, moreover, have paid a state or county tax."
10. Secondly. The senators at their first session herein provided for, shall
be divided by lot, as near as can be, into two classes. The seats of the first
class shall be vacated at the expiration of the second year, and those 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. Art. 31 s. 5.
11. Thirdly. The senators are elected by the people.
12. Fourthly. The first election shall be held on the Tuesday after the first
Monday in November, 1848; and thereafter the elections shall be on the Tuesday
after the first Monday in November, once in two years. Art. 3, s. 2.
13. Fifthly. The senate shall consist of twenty-five members, and the house
of representatives shall consist of seventy-five members, until the population
of the state shall amount to one million. of souls, when five members may be
added to the house, and five additional members for every five hundred thousand
inhabitants thereafter, until the whole number of representatives shall amount
to one hundred; after which, the number shall neither be increased nor
diminished; to be apportioned among the several counties according to the number
of white inhabitants. In all future apportionments, where more than one county
shall be thrown into a representative district, all the representatives to which
said counties may be entitled shall be elected by the entire district. Art. 3,
14. Sixthly. The senators at their first session herein provided for shall be
divided by lot, as near as can be, into two classes. The seats of the first
class shall be vacated at the expiration of the second year, and those 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. Art. 3, s. 5.
15. - 3. The house of representatives. This will be considered in the same
order which has been observed in relation to the senate.
16. First. No person shall be a representative who shall not have attained
the age of twenty-five years; who shall not be a citizen of the United States,
and three years an inhabitant of this state; who shall not 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 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
who, moreover, shall not have paid a state or county tax. Art. 3, s. 3.
17. Secondly. They are elected biennially.
18. Thirdly. Representatives are elected by the people.
19. Fourthly. Representatives are elected at the same time that senators are
20. Fifthly. The house of representatives shall consist of seventy-five
members. See ante, No. 16.
21. Sixthly. Their office continues for two years.
22. - 2. The executive department. The executive power is vested in a
governor. Art. 4, s. 1. It will be proper to consider, 1. His qualifications. 2.
His election: 3. The duration of his office. 4. His authority and duty.
23. First. No person except a citizen of the United States shall be eligible
to the office of governor, nor shall any person be eligible to that office who
shall not have attained the age of thirty-five years, and been ten years a
resident of this state; and fourteen years a citizen of the United States. Art.
4 s. 4.
24. Secondly. His election is to be on the Tuesday next after the first
Monday in November. The first election in 1848, and every fourth year
25. Thirdly. He remains in office for four years. The first governor is to be
installed on the first Monday of January, 1849, and the others every fourth;
26. Fourthly. His authority and duty. He may give information and recommend
measures to the legislature, grant reprieves, commutations and pardons, except
in cases of treason and impeachment, but in these cases he may suspend execution
of the sentence until the meeting of the legislature - require information from
the officers of the executive department, and take care that the laws be
faithfully executed - on extraordinary occasions, convene the general assembly
by proclamation be commander-in-chief of the army and navy of the state, except
when they shall be called into the service of the United States - nominate, and,
by and with the consent and advice of the senate, appoint all officers whose
offices are established by the constitution, or which may be created by law, and
whose appointments - are not otherwise provided for - in case of disagreement
between the two houses with respect to the time of adjournment, adjourn the
general assembly to such time as he thinks proper, provided it be not to a
period beyond a constitutional meeting of the same. Art. 4. He has also the veto
27. A lieutenant governor shall be chosen at every election of governor, in
the same manner, continue in office for the same time, and possess the same
qualifications. In voting for governor and lieutenant governor, the electors
shall distinguish whom they vote for as governor, and whom as
lieutenant-governor. Art. 4, s. 14. The following are his principal powers and
15. The lieutenant governor shall, by virtue of his office, be speaker of the
senate, have a right, when in committee of the whole, to debate and vote on all
subjects, and, whenever the senate are equally divided, to give the casting
16. Whenever the government shall be administered by the lieutenant-
governor, or he shall be unable to attend as speaker of the senate, the senators
shall elect one of their own, number as speaker for that occasion; and if,
during the vacancy of the office of governor, the lieutenant governor shall be
impeached, removed from his office, refuse to qualify, or resign, or die, or be
absent from the state, the speaker of the senate shall, in like manner,
administer the government.
17. The lieutenant governor, while he acts as speaker of the senate, shall
receive for his service the same compensation which, shall, for the same period,
be allowed to the speaker of the house of representatives, and no more.
18. If the lieutenant governor shall be called upon to administer the
government, and shall, while in such administration, resign, die, or be absent
from the state, during the recess of the general assembly, it shall be the duty
of the secretary of state, for the time being, to convene the senate for the
purpose of choosing a speaker.
19. In case of the impeachment of the governor, his absence from the, state,
or inability to discharge the duties of his office, the powers, duties, and
emoluments of the office shall devolve upon the lieutenant governor and in case
of his death, resignation, or removal, then upon the speaker of the senate for
the time being, until the governor, absent or impeached, shall return or be
acquitted; or until the disqualification or inability shall cease; or until a
new governor shall be elected and qualified.
20. In case of a vacancy in the office of governor, for any other cause than
those herein enumerated, or in case of the death of the governor elect before he
is qualified, the powers, duties, and emoluments of the office devolve upon the
lieutenant governor, or speaker of the senate, as above provided, until a new
governor be elected and qualified.
28. - 3. The judiciary department. The judicial power is vested in one
supreme court, in circuit courts, in county courts, and in justices of the
peace; but inferior local courts, of civil and criminal jurisdiction, may be
established by the general assembly in the cities of the state but such courts
shall have a uniform organization and jurisdiction in such cities. Art. 5, s. 1.
These will be separately considered.
29. - 1st. Of the supreme court, its organization and jurisdiction. 1. Of its
organization. 1st. The judges must be citizens of the United States; have
resided in the state five years previous to their respective elections; and two
years next preceding their election in the division, circuit, or county in which
they shall respectively be elected; and not be less than thirty-five years of
age at the time of their election. 2d. The judges are elected each one in a
particular district, by the people. But the legislature may change the mode of
election. 3d. The supreme court consists of a chief justice and three
associates, any two of whom form a quorum; and a concurrence of two of said
judges is necessary to a decision. 4th. They hold their office for nine years.
After the first election, the judges are to draw by lot, and one is to go out of
office in three, one in six, and the other in nine years. And one judge is to be
elected every third year. 2. Of thejurisdiction of the supreme court. This court
has original jurisdiction in cases relative to the, revenue, in cases of
mandamus, habeas corpus, and in such cases of impeachment as may be by law
directed to be tried before it, and it has appellate jurisdiction in all other
30. - 2d. Of the circuit courts, their organization and jurisdiction. 1st. Of
their organization. The state is divided into nine judicial districts, in each
of which a circuit judge, having the same qualifications as the supreme judges,
except that he may be appointed at the age of thirty years, is elected by the
qualified electors, who holds his office for six years and until his successor
shall be commissioned and qualified; but the legislature may increase the number
of circuits. 2d. Of their jurisdiction. The circuit courts have jurisdiction in
all cases at law and equity, and in all cases of appeals from all inferior
31. - 3d. Of the county courts. There is in each county a court to be called
a county court. It is composed of one judge, elected by the people, who holds
his office for four years. Its jurisdiction extends to all probate and such
other jurisdiction as the general assembly may confer in civil cases, and in
such criminal eases as may be prescribed by law, when the punishment is by fine
only, not exeeeding one hundred dollars. The county judge, with such justices of
the peace in each county as may be designated by law, shall hold terms for the
transaction of county business, and shall perform such other duties as the
general assembly shall prescribe; Provided, the general assembly may require
that two justices, to be chosen by the qualified electors of each county, shall
sit with the county judge in all cases; and there shall be elected,
quadrennially, in each county, a clerk of the county court, who shall be ex
officio recorder, whose compensation shall be fees; Provided, the general
assembly may, by law, make the clerk of the circuit court ex officio recorder,
in lieu of the county clerk.
32. - 4th. Of justices of the peace. There shall be elected in each county in
this state, in such districts as the general assembly may direct, by the
qualified electors thereof, a competent number of justices of the peace, who
shall hold their offices for the term of four years, and until their successors
shall have been elected and qualified, and who shall perform such duties,
receive such compensation, and exercise such jurisdiction as may be prescribed
ILLITERATE. This term is applied to one unacquainted with letters.
2. When an ignorant man, unable to read, signs a deed or agreement, or makes
his mark instead of a signature, and he alleges, and can provide that it was
falsely read to him, he is not bound by it, in consequence of the fraud. And the
same effect would result, if the deed or agreement were falsely read to a blind
man, who could have read before he lost his sight, or to a foreigner who did not
understand the language. For a plea of "laymen and unlettered," see Bauer v.
Roth, 4 Rawle, Rep. 85 and pp. 94, 95.
3. To induce an illiterate man, by false representations and false reading,
to sign a note for a greater amount than that agreed on, is indictable as a
cheat. 1 Yerg. 76. Vide, generally, 2 Nels. Ab. 946; 2 Co. 3; 11 Co. 28; Moor,
ILLUSION. A species of mania in which the sensibility of the nervous
system is altered, excited, weakened or perverted. The patient is deceived by
the false appearance of things, and his reason is not sufficiently active and
powerful to correct the error, and this last particular is what distinguishes
the sane from the insane. Illusions are not unfrequent in a state of health, but
reason corrects the errors and dissipates them. A square tower seen from a
distance may appear round, but on approaching it, the error is corrected. A
distant mountain may be taken for a cloud, but as we approach, we discover the
truth. To a person in the cabin of a vessel under sail, the shore appears to
move; but reflection and a closer examination soon destroy this illusion. An
insane individual is mistaken on the qualities, connexions, and causes of the
impressions he actually receives, and he forms wrong judgments as to his
internal and external sensations; and his reason does not correct the error. 1
Beck's Med. Jur. 538; Esquirol, Maladies Mentales, pręm. partie, III., tome 1,
p. 202. Dict. des Sciences Mędicales, Hallucination, tome 20, p. 64. See
ILLUSORY APPOINTMENT, chancery practice. Such an appointment or
disposition of property under a power as is merely nominal and not
2. Illusory appointments are void in equity. Sugd. Pow. 489; 1 Vern. 67; 1 T.
R. 438, note; 4 Ves. 785; 16 Ves. 26; 1 Taunt. 289; and the article
TO IMAGINE, Eng. law. In cases of treason the law makes it a crime to
imagine the death of the king. In order to complete the offence there must,
however, be an overt act the terms compassing and imagining being synonymous.
It. has been justly remarked that the words to compass and imagine are too vague
for a statute whose penalty affects the life of a subject. Barr. on the Stat.
243, 4. Vide Fiction.
IMBECILITY, med. jur. A weakness of the mind, caused by the absence or
obliteration of natural or acquired ideas; or it is described to be an abnormal
deficiency either in those faculties which acquaint us with the qualities and
ordinary relations of things, or in those which furnish us with the moral
motives that regulate our relations and conduct towards our fellow men. It is
frequently attended with excessive activity. of one or more of the animal
2. Imbecility differs from idiocy in this, that the subjects of the former
possess some intellectual capacity, though inferior in degree to that possessed
by the great mass of mankind; while those of the latter are utterly destitute of
reason. Imbecility differs also from stupidity. (q. v.) The former consists in a
defect of the mind, which renders it unable to examine the data presented to it
by the senses, and therefrom to deduce the correct judgment; that is, a defect
of intensity, or reflective power. The latter is occasioned by a want of
intensity, or perceptive power.
3. There are various degrees of this disease. It has been attempted to
classify the degrees of imbecility, but the careful observer of nature will
perhaps be soon satisfied that the shades of difference between one species and
another, are almost imperceptible. Ray, Med. Jur. ch. 3; 2 Beck, Med. Jur. 550,
542; 1 Hagg. Ecc. R. 384; 2 Philm. R. 449; 1 Litt. R. 252, 5 John. Ch. R. 161; 1
Litt. R. 101; Des Maladies mentales, consideręes dans leurs rapports avec la
legislation civille et criminelle, 8; Georget, Discussion medico-lęgale sur la
IMMATERIAL. What is not essential; unimportant what is not requisite;
what is informal; as, an immaterial averment, an immaterial issue.
2. When a witness deposes to something immaterial, which is false, although
he is guilty of perjury in foro conscientiae, he cannot be punished for perjury.
2 Russ. on Cr. 521; 1 Hawk. b. 1, c. 69, s. 8; Bac. Ab. Perjury, A.
IMMATERIAL AVERMENT. One alleging with needless particularity or
unnecessary circumstances, what is material and requisite, and which, properly,
might have been stated more generally, or without such circumstances or
particulars; or, in other words, it, is a statement of unnecessary particulars,
in connexion with, and as descriptive of, what is material. Gould on Pl. c. 3,
2. It is highly improper to introduce immaterial averments, because, when
they are made, they must be proved; as, if, a plaintiff declare for rent on a
demise which is described as reserving a certain annual rent, payable "by four
even and equal quarterly payments," &c.; and on the trial it appears that
there was no stipulation with regard to the time or times of payment of the
rents, the plaintiff cannot recover. The averment as to the time, though it need
not have been made, yet it must be proved, and the plaintiff having failed in
this, he cannot recover; as there is a variance between the contract declared
upon and the contract proved. Dougl. 665.
3. But when the immaterial averment is such that it may be struck out of the
declaration, without striking out at the same time the cause of action, and when
there is no variance between the contract as, laid in the declaration and that
proved, immaterial averments then need not be proved. Gould on Pl. C. 3,
lMMATERIAL ISSUE. One taken on a point not proper to decide the
action; for example, if in an action of debt on bond, conditioned for the
payment of ten dollars and fifty cents at a certain day, the defend ant pleads
the payment of ten dollars according to the form of the condition, and the
plaintiff, instead of demurring, tenders issue upon the payment, it is manifest
that, whether this issue be found for the plaintiff or the defendant, it will
remain equally uncertain whether the plaintiff is entitled to maintain his
action, or not; for, in an action for the penalty of a bond, conditioned to pay
a certain sum, the only material question is, whether the exact sum were paid or
not, and the question of payment of a part is a question quite beside the legal
merits. Hob. 113; 5 Taunt. 386.
IMMEDIATE. That which is produced directly by the act to which it is
ascribed, without the intervention or agency of any distinct intermediate
2. For immediate injuries the remedy is trespass; for those which are
consequential, an action on the case. 11 Mass. R. 59, 137, 525; 1 & 2 Ohio
R. 342; 6 S. & R. 348; 18 John. 257; 19 John. 381; 2 H. & M. 423; 1
Yeates, R. 586; 12 S & R. 210; Coxe, R. 339; Harper's R. 113; 6 Call's R .
44; 1 Marsh. R. 194.
3. When an immediate injury is caused by negligence, the injured party may
elect to regard the negligence as the immediate cause of action, and declare in
case; or to consider the act itself as the immediate injury, and sue in
trespass. 14 John. 432; 6 Cowen, 342; 3 N. H. Rep. 465; sed vide 3 Conn. 64; 2
Bos. & Pull. New Rep. by Day, 448, note. See Cause.
IMMEMORIAL. That which commences beyond the time of memory. Vide
Memory, time of. IMMEMORIAL POSSESSION. In Louisiana, by this term is understood
that of which no man living has seen the beginning, and the existence of which
he has learned from his elders. Civ. Code of Lo. art. 762; 2 M. R. 214; 7 L. R.
46; 3 Toull. p. 410; Poth. Contr. de Societę, n. 244; 3 Bouv. Inst. n. 3069,