The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1848-02-11
The New Constitution.
[rrom Che Illinois Journal. |

which was most susceptible cfmiSreprcsen
tal!on and constructions involving imagin
AIRY evils, as the grand centra! point of at
tack. They have principally attacked it OF
the ground of its expense, aud their fervit
imaginatons have created il into n mos
huge hobgoblin. Their inventive fancie
on the subject lorcibly reminds me Of an OLE
story:
Once IN old lady and her bloomn.
daughter, about fifteen years old, Just be
ginning TO bud into womanhood, were sit
ting, one day, quietly and silently SEWN.
by the fire, when all at once the dauchte
burst into an uncomfortable fit of grief
"Boo-hoo! boo. hoo boo.ugh- ugh -
"Why, what in the world is the matter
daughtcr;' says the old lady.
"Why, mother, was just thinking tina
alter while might get married and thei
] might have little baby,--boo boo-ugh
and | might nurse il until it got able tC
setUp; and some morning | might set i
down by the fire, aud put on the oven Il
heat to bake bread, and then might 90 on
TO milk the COW, and while was gone, th,
baby might fall with lis little face on the ho
oven and burn itself 10 death Boo hoo
WOO OCH !"
So the fertile imagination Of these gentle
men concludes that the legislature is lef
with power TO fix the salary Of the Judges o.
the county court. they will inevitably abuse
the power-they will pay the Judges at eas
i've hundred dollars year each for little OF
no services and thus they coniure up an cx,
pense Of from $50 10 100000 per annum
They cannot find any such item Of expense
in the constitution. They cannot find thai
the constitution creates more county officer.
than existed helore-they know it curtail,
the number they cannot find that the con.
s'itution increases the duties to lie perform.
, cd-or that the officers will earn or deserve
any more pay, or pay in any different man
ner-bnt ont of the abundance of their fruit.
iuI lmaginations they have determined that
the constitution has not positively controlled
the legislature with regard TO the pay OF
those olliccrs-therefore, the legislature
without rhyme or reason, will give them
useless and unreasonable salaries. They
object to the constitution which limits the
pay OF the most important officers within
reasonable bounds which the legislature
cannot paSS-Gccause it does not limit the
salaries ct these county iudges--and the
new constitution is mOnstrous and much
worse than the old one because IL does not
fix bounds 10 the salaries or pay Of county
judges.
DO not these wise gentlemen know that
the Legislature has power TO create lust AS
much expense under the old constitution.
aud give as high salaries ? The same pre-
else objection would apply 10 the old CON
sttution III this respect as 1t does 10 the new:
and II nothing but the expense ufthe county
court was concerned, the two constitutions
would be equal in merit but then the new
constitution lowers the salaries Of all impor
tent officers: it fixes limits to the pay and
SESSIONS OF the legislature il abnli>heS life
officers; ii prohibits the establishment of a
state bank, or any other bank. unless the
charter is first submitted 10 the people; and
requires contracts 10 he let TO the lowest
bidder and therefore they must find some
fault with il.
The old constitution vests in the lcgisla-
turc the power 10 establish such courts in
ier'or to the supreme court, as they may
think fiji.
Under the old constitution there are in
each county three county commissioners, one
probate justice, one recorder. one clerk ofthe
circuit, and one of co. commissioners court
making seven officers. Under the new consti.
tuIion there must be one, aud the legiSla-
turc may add two more associates, Judges
OF the county court. Why shall the legis-
lature allow them more than the present
county commissioners? Again, the probate
business is now done by probate Justice.
whose fees are extremely oppressive TO the
estates OF widows and orphans. That usi.
ness will be done in the county court. Why
should II cost more 10 do it in the county
court than before the probate iusticeg They
say the Judge is 10 be paid, and also the
clerk. The clerk is TO receive nav for
cleri>ing and the judge for determining
Does any one pretend TO say that the pre-
sent fees of the probate justice are only for
the writing done by him? If so, the fees
are four times too high they pay him for
the writing rs well MS for adiudcatinc. ANY
clerk of the county commissioners court
would do the mere clcrking Of the probate
c.lice for from one third TO one half of the
present fees; and the remainder will form
an ample fund 10 pay the Judge. Its for
the legislature TO provide whether he shall
be paid by fees, ms the present probate ius-
tee is,-by per diem allowance, rs the Tre.
seat county commissioners arc--or by 81.
larry.
Gentlemen assume that TIC county Judge
is TO have a salary; does the constitution
say so? They assume that the salary is TO
be five hundred dollars year:-does the
constitution say so? No. it says none of
these things. They are the mere cratuit.
Gus assertions Of those who would defeat
the constitution because it root, out The
corruptions on which they fatten.
Why do gentlemen coniine themselves
TO the assertion that the salory is to be $500
a year--was il hot as easy TO say 81, OOO?-
the falSehood would have been but little
greater.
No one, in his sober senses, supposcs that
the salaries, or pay Of the county iud gcs, is
to come out of the ,rcasury-the constitu.
ton never designed it--and no legislature
will ever pay them out of the state treasury {:
they will be paid as the present county
commissioners are paid, and as the present
probate justices are Paid.
As to tho civil and criminal inri.liction
of these courts, they have none by the con.
stitution, but the legislature may give il TO
them. And this they say. is terrible de.
feet in the new constitution do they think
the people so ignorant that they do not
know that the legislature has more mower
under the old constitution 10 create mummy
courts with civil and criminal ;ur;s d;r,;on .