Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1824-09-21
MEMORIAL.
Communicated for the spectatc

Illinois, 10 be convened at Yondalia
on fhefrst Monday Of December nert.
Your Memoralists, citizens of the
county of ST. CLAIR, beg leave respectful
ly to present TO your body, some consI-
jerations relative to the constitution Of
this state; and to express their sen,i.
ments upon the Importance OF requiring,
IN the public func!ionaries, and espe-
cially of the legislative department, a
strict adherence to all its provisions. AS
the sworn protectors of the constitution,
ii IS your duty TO listen to the complaints
Of any Of your fellow-citizens indicating
aviolation Of 1t, and especially in the
body, whose duty it is 10 guard il with
constant aad unceasing vigilance.
1t IS unnecessary TO press upon the
consideration of your body, the absolute
necessity oil preserving II entire. No
circumstances OF convent nee, or private
interest, can at any time Justify the leas,
departure from its spirit and meaning.
The constitution OF the stale is the law
Of the legislature, and whenever that law
can be violated with IMMUNITY, the lesis-
ny ACT of violation, is an exercise o! arbi-
trary authority, and an act Of the most
lawless despotism. Ii there be any sup
posed violations of it on the part of your
predecessors, it is the duty OF your body
to throw about it every barrier necessa-
ry tor its most perfect preservation, and
make their example warning against
va l..
Of power are not le $ fatal, because gra-
dual. For the very reason taat they eX-
cite no alarm, are they pregnant with the
more danger. The constitution OF free
state is more efectually destroyed by,
gradual and al.nsst imperceptIbic at
tempts TO evade or disregard us mean
lns, than by open attacks upon its most
important provisions. Evsry attempt
on the part OF the legislature to thwart
its obvious meaning, is an act Of open
and bold aggression upon the political
rights OF the people, and ought to De re-
sisted by manly remonsirance. Where
YER forced constructions oil constitution
are resorted to, to justify a proposed
measure, the reverence with which ii
ought to be viewed is laid aside. The
assumptions ii power may be gradual,
but they will be certain. The proprisly
OF these remarks will SO readily occur 10
you, that It IS unnecessary TO pursue
them. Every man, and especially every
legislator, will readily assent 10 them.
As it regards the constitution OF the State,
the motto ought TO be, $ Touch not."
With this constantly before US, and scru-
pulously adhered to in practice, we shall
secure to the constitution ready ohe-
dience to all its injunctions, avoid the
evils of uncertain legislation, the dam
gers OF arbitrary power, and give slabili-
~ and permanency TO our political in
situations.
Your memorialists will not withhold
the expression that these remarks are
felt and in some measure dictated by the
suspicion that the members Of the last
general assembly were not sufficiently
impressed with their truth and lmpor-
lance. The acts Of that body are before
the public, and an opinion Is entertained
that they exhibit indications of too great
willingness on the part of the legislature
" OlSI0KdIO oOluC VI VIC pEONlotOUS "
the constitution. They will not attempt
to point out the particular instances in
which those indications are made visible.
1t is sufficient for them that such is the
fact. 1t is the imperous duty OF the
people OF this state 10 look Indignantly
upon their rulers, whenever they venture
to pass the prescribed limits OF their au-
thority, or disregard the injunctions of
the constitution.
In the first section Of the FIRST article
Of the constitution, it is provided, that
the powers Of the government shall be
divided into three distinct departments,
and each Of them be confided to dis
sincs body Of magistracy; to wit: those
which are Legislative to one; those which
are executive TO another; and those
which are Judiciary to another: and in
the second section Of the same article it
IL ordained, "thst no person or colIec-
ton Of persons, being one of those de-
partments shall exercise any power pro-
perly belonging to either of the Others"
No language can be more explicit than
this. Il is tantamount to saying that who.
ever holds Legislative capacity, can in
no way be concerned in carrying law
into execution. They are placed, a. it
were, Like centineis, at the threshold Of