The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1848-02-18
For The Free Trader.

L. -. Z,
from which infer that the writer is no less
a parsonage than an ex-cireuit judge. ex-
supreme Judge, and an ex-governor. 1.-THE
new constitution has material faults, il may
well be supposed, so distinguished aud astute
an opponent could aud would make them APP
parc't; and objections not urged by such
writer, may safely be assumed no objec-
tions at all. / desire, therefore, to notice,
in your paper, some Of his objections.
deny that the new constitution provides
for any more expense in the county court
aud county officers, than the old constitu-
ton. The county judge is to do the probate
business, and the probate's fees will pay
him. He and two justices are TO do the
county business, and the pay Of the present
county commissioners will pay that service.
The legislature may give other jurisdiction
to that court; and SO the legislature under
the old constitution may make Just such
"pnppy courts" if they choose. They have
the po%er under both constitutions. but are
not required by either to do so. On this point
"honorS are easy"
He condemns the provision in sec. %,
art. ., in relation 10 private and local laws.
This think very wholesome regulation
ana can not see the imaginary evils found
here by T.F. SO many frauds have been
practised upon the legislature, where local
laws are usually read by their titles only
by smuggling into some obscure part OF the
local law some important general provision
on some other subject, and thus stealing it
through without the knowledge ofthe mem
bers, that something Of this kind was ne
cesSary.
Sec. 81. art. 3, does rot require ''each ses-
sion of the legislature TO make apprupria-
tions for all expenses. until the end of the
next regular session." but only all appro-
priationS for the 'ordilary and contingent
expenses" The cases put .'of special ses-
sion and the call Of militia to repel an inva-
SION" will undoubtedly be. extraordinary
expenses: aud if not, the necessity of the
case Will readily secure the two-thrd, vote.
And an immense deal of squandering of pub
lie money will be saved by this section.
His construction Of sections rs, IS, and
10. art. 4, in relation to the election of spea-
ker of the senate, Sc, ] can regard in no
other light than apalpable mistake. They
do not provide for the election Of ttrO spea-
kerS Of the senate. each to be governor at
The same time. The l6 sec. provides that,
IN case theIientenant governor is called TO act
as governor. &c. the senate shall elect a
speaker. who, in case of no governor or
lieutenant governor. shall act as governor.
The 18th provides that if said contingencies
occur, Uhen the senate is not in session, the
secretary Of state shall call them together
to meet the cXigency by choosing a speak
er. This is all that is oft. Al very pro-
per. and no fair construction can make any
thing else of it. Read these sections and
see if it is not so.
The objection alleged to the 2lst sec. art
3, requiring all laws 10 be passed by ma
jorltleS of all the members elected. and the
allegation under il, that the laws made by
"ntcrl'ieS arc better than laws made by ma.
jor1iies may pass for what it may seem
worth. When people think minorites
should rule and maior;ties should not
then surely We viii want another constitI.
ton. Nor shall discuss here the necessi.
~ OF n veto power in the governor. 1t is
not strange that an ex-governor can look
back and see points and times. when he
would have been very much pleased to
have had such power. Next il is objected
10 sec. :. art. >, that the judges Of the su-
pfcme court must have a majority agree
before decision. The practical difficult
'leS anticipated will rarely. probably never
happen. The law has always required
every one of twelve Jurors 10 agree be-
fore verdict. and that. too. in cases where
there might be twelve different WAYS Ia
render the verdict. We cannot see why
we may not require rs much concession Of
opinion of judges as Jurors and the gre-
vance OF having an erroneous Judgment af.
lrmed by minority of the supreme court
oy mere disagreement, is avoided. Sup
pose case taken mp as the law now stands
only i've judges present, "a quorum the
Judge who tried the case. although salts
fed that he had erred below, does not sit in
the case. Of the other four. two are one way
and two the other. By this disagreement,
the erroneous Judgment is affirmed by two
Judges when the absent four might all have
been against it if present.
lie also alleges that sec. - and II. art. ,,
and the 10Th sec. of the schedule. make a
vacancy in the Office of one OF the supreme
Judges from nearly whole year, This |
THINK viii not occur: it was undoubtedly
Intended they should hold over till the cleo
lion OF successors; if not the vacancy may
be filled, see sec. Q and %, art. >. Ifnot,
the contingency can not in any event occur
more than three times under the ccnStiul-
ton. The only effect Of which will be to
give us supreme court Of two Judges, Mt
three terms of the court.
But il is gravely alleged, because sec. .,
art. D says. "The supreme court shall con.
SIst OF three judges, two of whom shall form
a quorum" quote the constitution verba-
tim, he does not, that. therefore, without
three judges there can be no court. What
q construction!
The constitution Of the United States.
sec. j, art. |. provides: "Thc senate of the
United States shall be composed of two SEN
ators from each state" and the same in
s,rument, sec. D, art. |, provides that a ma
jortiy of each house shall constitute quo
rum. You see at glance that, BY this
profound construction, any state should
iail TO elect its senators, we cculd have no
United States senate, and the wheels OF
government must stop.
1t, because the supreme court. by the
new constitution, must consist OF the three
Judges. a majority Of whom shall constitute
quorum, the lack of one judge makes ''no
courts" and, by the constitution Of the uni-
ted States, the senate must be composed of
two senators from each state, maioriy of
whom shall constitute aquorum, 1t neccssa-
rlly follows that the lack of two senators
makes no senate.
What , ,;,,, I, I. ,h,t tho s;u,,1, -,