The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1848-02-18
The New Constitution.

Mr.. Edii0r:--lt has been un,ruly said,
that none but Office holders oppose the new
| constitution. II might be said with more
truth, that none but Office seekers support it.
The new constitution makes vacant all oili-
ces from the highest TO the lowest, and there
by gives many an Office seeker chance.
where otherwise. he would have none. ]
am n private individual, and as is well
known, desire no Office, and yet see insu-
perable objections TO that instrument. |
propose, with your leave, to lay these objec-
tons before the people.
/ To begin then, without further preface, all
the benefits of the legislative reform and re-
dnction Of salaries in the new constitution,
is counterbalanced by the immense expense
of the county courts. There are hundred
counties in the state, and therefore hun
dred principal judges; two hundred justices
of the peace are to assist the principal judges
in county business, and two hundred asso-
ciate judges, are to assist them in all cases
of litigation. The expense Of the justices of
the peace, having TO set double of the time
OF the present county court, will exceed the
expenses of the county commissioners. This
excess with the expenses Of the other hun
drcd judgcS,wil amounts they are paid sal
D u'Nss W 'So".ooV IL year. III Itdsl. IL luty
are 10 be paid in fees, then the law will make
it their interest always to decide for the plain
tiff, like many Of our justices Of the peace,
who are electioneorng for business in our
! principal towns. II is well known that ma
ny of our justices Of the peace, who are paid
in fees, always decide for the plaintiff, with
a view TO encourage plaintiffs to sue before
them-the poor defendants not having the
choice. And so it will be with the county
courts, if the judges are paid in fees. A fifth
| part Of the salary to he paid them, viii pay
six additional circuit judges, more than
enough to administer justice, to the heart.
content. of every one. These county courts
are to hold frequent terms of course; judg.
ments are TO be rapidly recovered and exc
cutionS to follow AS rapidly; whilst for large
sums, the creditor is to await the slow pro-
cess of the circuit court.
| propose, rapidly, to r.view some other
! parts Of the new constitution. Sec. %, Art.
! J. No private or local law is to embrace
more than one subject: and that is to be ex-
/ pressed in its title. Under this section it
viii always be question, whether the in
cident and concomitant provisions. uecessa-
/ ryto give such law full effect, will be CON
Stitutional. Let the reader lool; TO the pri-
| yate acts heretofore passed, for Illustrations.
| The true meaning Of this section, will not
he settled in thirty years litigation. Sec y
| Art. ,, requires two-ihirdS Of the senators
elected to concur in the conviction of n pub
lie officer on impeachment. This provision
Is found in no other constitution Of any civ
iII2cd country; aud under il no conviction
VIII ever take place. All other conSttl-
tons. require only iwo-thirdS Of the senate,
that Is, oi aquorum; and yet under them.
only i've orSiX convictions have taken place
III all the United States. in the last fifty
years. a person accused, ought 10 have 4
rlghtto challenge niemberfor personal ha'
tired; and itmay happen that member may
be sick and unable TO attend, or may die
but ii he rctireS when challenged, or is alb.
sent on account Of sickness or death, hi'
vote, most unreaSonably, is counted in favor
Of the accused, For the accused is to Ia
convicted, only by the votes o! two-ihirds o
the senators ELECTED.
Sec. 81, Art. 3, requires each session NJ
the legislature, TO make appropriations, iol
all expenses. until the end Of the next rCgi-
lar session. Under this. the expenses of a
special session, n call Of the militia to repc
an invasion and the like. cannot be paid, un.
vote. Nor can the next legislature he paid
If they set little longer than was expected
without similar vote. A special session
VIII have no authority TO pay themselves
unless such purpose is expressed i'll the
governors proclamation converting them
Sec. 10, Art. 4; and no governor is likely
to insert so ridiculous matter in his procla.
nation as one Of the purposes Of n called
session. The 10Th, 18th, and 10Th Sections
OF the 18th Art. provides for the election o.
two speakers OF the senate, each Of whom
is 10 be governor at the same time. in case
OF the death Of the governor and lieutenant
governor. Here is laid the foundation of q
most soandalous controversy. BY the 2lst
Sec. 3D. Act, oil laws are to be passed by
maiorites of all the members ELrcrRD il
each house. It's easy to show by the Jour.
nails of past legislatures that, If this had been
in the old constitution, it would have defeat.
ed all the good measures heretofore enact
ed, and would not have defeated any of the
bad ones. AS instances of some Of them.
will mention. that the old state bank. the
late state bank, the Shawneetown bank, aud
Cairo bank charters; the internal improve.
ment bill: the public debt; the law to sub.
scribe S3.OOW,OOO of state Stocl, in the bank
the laws TO repeal the circuit Judges ont o
Office in 1927, and again in 1871; the Nau.
VOC charters. and many others, of like char.
acter, were passed by maioriteS of all the
members elected in both branches whilst
the law to reform the revenue system OF
1889; the law to make the canal and the act
TO put down reputation in 1915; and many
others which might be mentioned. were
passed by minorities, either in both houses,
or one Of them. This provision is not TO he
found in any other constitution ON earth. aud
certainly there was nothing in our previous
history requiring il in ours.
The 2lst Sec. 18th Art, aholiShcs the OK.
ecutivc power as one Of the coordinate
branches Of the government; reduces the
governors Office TO mere clcrkship, aud
derangcs all the checks and balances in the
constitution. tpretcndS TO give the COVER
nor veto power. which amounts 10 moth
ing. \ law is TO he passed in the first in.
stance by majority oCGH he members clcc-
ted; and is to he repassed by the SAME VOTE.
A great objection TO the old constitution was,
the want OF an efficient veto power; though
under that, twas better than under the new.
II is easy TO show that all the bad measures
above enumerated, would have been defeat
ed by an efficient veto. and not one of the
good ever would hnyo In ;l,d IRON, IA, anna,