Sangamon Sun

Illinois Constitution Day is observed every August 26, marking the ratification of Illinois’ first state constitution in 1818. This day provides an opportunity to reflect on this historic event and its lasting impact on Illinois' governance and identity. House Bill 2834 from the 102nd General Assembly, introduced in 2021, established Illinois Constitution Day to ensure statewide recognition and celebration of the state's constitutional history.

The ratification of Illinois’ first constitution on August 26, 1818, was a pivotal moment. It provided the legal framework for Illinois to transition from a frontier territory to a state within the Union. At that time, Illinois was sparsely populated with Native American tribes, European settlers, and African American communities—both free and enslaved.

Elias Kent Kane, a Yale graduate and lawyer from New York, largely drafted this first Constitution. Influences from other state constitutions, particularly those of New York, Ohio, and Kentucky, were significant in shaping Illinois’ founding document. The Constitutional Convention at Bennett’s Tavern in Kaskaskia saw 33 delegates from 15 counties draft the document under Judge Jesse Thomas's presiding. The delegates completed the draft within three weeks without submitting it for public approval but celebrated its adoption with speeches and cannon fire.

The 1818 Constitution began with a declaration by the people of Illinois: “in order to establish justice, promote the welfare and secure the blessings of liberty to themselves and their posterity.” It established a bicameral legislature, a governor, and a judiciary. Article I set forth the division of powers into three branches with distinct responsibilities.

Article II established an elected House of Representatives and Senate. Representatives had to be at least 21 years old U.S. citizens residing in Illinois; Senators had to be at least 25 years old. The Senate served staggered four-year terms so that half would face voters in each general election.

Section 5 stated: “The number of representatives shall not be less than twenty-seven nor more than thirty-six,” while “the number of Senators shall never be less than one-third nor more than one-half of the number of Representatives.” These numbers were subject to change as the population grew but lacked specifics.

The House elected a Speaker; two-thirds attendance constituted a quorum; each chamber set its own rules. Vacancies prompted gubernatorial writs for elections. Members were protected from arrest during sessions except for “treason, felony or breach of peace,” immunity that continues today.

Today's requirement that bills be read on three separate days originated in this Constitution but could be waived by three-fourths agreement due to urgency.

Governor's salary was set at $1000; Secretary of State's at $600. Article III limited executive authority reflecting past negative experiences with executives before statehood. The Governor held a four-year term without re-election eligibility; required age was thirty years with two preceding years residency in Illinois.

The Governor reported on government status to the General Assembly suggesting legislation deemed expedient; could issue pardons; call special legislative sessions; headed state militia but couldn't unilaterally veto legislation—a "council of revision" including Supreme Court Justices shared this power which could still be overridden by legislative majority.

Legislature appointed most statewide officials except popularly elected Governor/Lieutenant Governor; disagreements over appointments led legislators retaining appointment power causing early controversies noted by Governor Thomas Ford as leading "to innumerable intrigues and corruptions."

Statewide offices included Lieutenant Governor (also “Speaker of Senate”), Secretary of State Treasurer Public Printer per Article IV vesting judicial power in Supreme Court/inferior courts created by General Assembly comprising four justices appointed jointly by both legislative branches commissioned by Governor meeting capital city traveling circuit hearing cases copying U.S Supreme Court practice then existing slavery allowed exceptions until total ban effective after year near Shawneetown salt works within tract reserved reflecting disappointing historical aspects legislative seats apportioned among districts white inhabitants voting restricted white male inhabitants above twenty-one enumeration every five years segregated militia setup underlined complex issues faced creating governing document establishing order promoting welfare navigating contentious topics requiring careful compromise difficult decisions marking beginning long process growth evolution subsequent constitutions adopted addressing changing needs citizens reflecting rapid population growth economic expansion participatory democracy industrialized interconnected society introducing significant changes individual rights education taxation corporate power influence modernization home rule autonomy strengthened Bill Rights ensuring broad protections guiding governance celebrating commitment democracy law living document reminding rich history ongoing relevance commemorating progress work remaining encouraging active democratic participation understanding rights responsibilities building better equitable state all.