, 1859-01-27
PRESS AND TRIBUNE.
rHuRspAY NO oaN1Na, JANuRAy q, 1859.

THURSDAY MO aN1NG, JANURAy q, 1859.
state and Municipal Government. ~
The attempt which is now being made bs q
f,g individuals to Induce the State Lcglsla'
tu1e to force new charter upon th1s cls'
suggests some considerations touching Inc
relation which Municipal Government sus'
t1iuE to TIE State-to what extent 1he former
is dependent upon the latter, and uhdef
what circumstances the latter is warranted
in changing nc funda mental law ot the
former.
Sour whole system Of goycrnmcnt-lncluu-
ing Federal, State and Municipal-is 1ounded
upon certain we'll defined principles which
spring from a recognition Of The people as
the source Of all political power. The
Federal Constitution derives its efficiency
from the fact that it is tic embodiment Of :h!:
viii Of a majority Of the people Of the
United States. The Constitution OF the State
Of Illinois is in like manner based upon the
will OF 4 majority Of the people Of the State.
All State Constitutions hare in some form
or other obtained the sanction Of majority
Of the people embraced within their respect
i've jurisd:ctions. This alone gives them
validity and ctlciency-thc will Of the soycr.
eign power.
In the Federal ard il each Of tie State
constitutions the mode lv which these instru.
mcnts may 1'e amended is clearly defined.
II, however, ,lcre were no provision rcgula.
ting the matter inserted in tlcm 20 clearly
is tue principle rccusoizsd Of the right Of the
people to rule, tLa. no govern ,ncut fuuc: ion
ary, no man or body oi men, however wise
and patriotic they might be, woaid dare lay
hauds upon the fundamental law Of the State
OF Of The Nation.
In our State Constitution the people have
reserved to themselves the exclusive right
not ouly to vote upon all amendments that
may be framed, but they DO not even give to
the Legislature the po~er to call Il conrcn-
ton 10 revise the old or to frame new one.
That matter Is TO Le determined ty the pco.
pie thcmselves-so jealous are freemcu Of
that great principle of :ac sovereignty Of tle
people upon which our institutions are based.
This surue principle, the woik king Of Which
is 50 clearly seen in the fundamental ]aw OF
the Federal ralon and Of the States respect
lively, runs through Our entirc system Of GOV
ernmeut. Nncn corporations are created Tor
any purp3s, what-ycr by Legislative enact
ncnt, certain rocc1s are granted which even
the Legislature cannot repeal. Within tue
limits Of the creative act, the parties incor-
porated become sovereign, and no power can
touch or restrain them unless they iall 10 meet
the requirements OF the law, or 60 beyond
tue privileges md franchises conferred. Vcst-
edrIshts are held as sacred rs constitutions.
TIE necessities OF large cities require Il
strong and efficient local government T"
preserve harmony and to prevent conflict oi
Jurisdiction, these local governments art
made subordinate to the State. In their con.
sruc.iuu, however, no principles arc ca1l,d
into requisilion different from those which
control the Organization Of the State. Be-
yond the conditions Of subJrdination to aud
harmony With the latter, these local or mnni-
cipal governments are sovereign within their
municipalities hold tic same relation to
them that the citizens Of q Statehood to
it. As tue latter are Tue sovereign
power in tie State, subject only to that
higher lar u hicl embraces a1l the States
the Federal Cou*itution-so the people Of l
municipality are the sovereign power within
that jurisdiction, subject only 10 the Cou<1i-
tuition Of the Stutc.
Such beng tue relation Of Municipal Gov
crnmcnt to the Stale, we arc prepared to de-
termine in few words how FAR the latter is
warranted ip interfering with The former. Ii
our analysis be correct, the sovereignty Of
the people with respect to the State is not
more clear than the sovereignty Of the rco'
pie With respect 10 1hc Municipal Govern
mcnt uuder which they live. The latter are
az clearly entitled to The right Of framing
their fundamental law, Of chansing it from
time to time to suit their changing ncces>i-
ties, Us thc former arr to frame or change
theirs.
To dispute this proposition is to strike d.
rcctly ut the i,asie Of all lsee govern mcnt. If
the right Of the people oi Il city to frame tlc
fundamental law tor the government thereof
can be successfully denied. what becomes oi
tue right of tue people Of 4 State 10 frame
thcirf9 If The right is possessed By The one
it must he by the other; and If either does not
possess it., tue other cannot. Either the
right Of both must be admitted or the right
Of both must be dcnled.
The duly of Legislature. therefore, with
respect to Municipal Governments, is a very
clear one. If the pcople-a clear majority
Of the people-intercsted, present q new char
Ter. or amendments to an old one under
which ttcy buve been living, the Legislature
may Inquire nhctler it is consistent with the
Constitution Of the State and in general lI.tr-
mony with the spirit ol our free institutions.
and Il it is, That body has no warrant tor retus.
ing to pass it. II 1hc people-a clear lnpjorlIy
Of the peoplc-ask Tor no change in their cha1-
ter, sben the Legislature las equally as little
warrant for changing it. II change is asked,
aud it it is not manifest lram attendant cir
curnstauces that tle Proposition is rrpugnant
to mujori,y Of tic people: then if the Leg
fHaure 1cts ut all, it should lie to submit
the question to q direct vote OF the people
Themselves In no view Of Tie case would il
be warranted in fastening a charter upon the
people without their 1ull free action either in
advance or l!y subsequently endorsing it be
fore it goes into effect.
Ne invite tho attention Of our present
Legislature to the foregoing considerations
in connection with the efIurts Of q few iuli-
Fiduals to induce thai body TO force charter
upon the pcaplc Of Chicago for which they
have not asked, md To which q large 1najori.
ty Of them ere known to he hostile. Tie sub
ject involves tue very essence Of American
ffecdom-thc vitality Of 1llc principles on
which our free institution rest. Ne TO not
beicvc these principles will be violated aud
tie people Of Chicago subjected to gross out
rage.
A Fact for the @'.nud-sills Of Society,".
The ]AIc &c! lion Of llc House Of Reprcscn.
ta'ses in voting down tue I'LL for the relief
ofActua} Settlers On tue public dotnau, 1ncy-
ite q more extended notice than {lns been ar.