, 1862-05-12

70 4. c. COVENTRY, Esq,
President Of tbs Board Of R2ics
Of the CITY Of Chicago
ny opinion is requested upon tue power of
the late constitutional convention Of the State
Of Illinois to submit to the legal voters of the
city Of Chicago. at the municipal election to
he bcld in that city On the third Tuesday Of
April next, for their adoption or rejection,
the provisions of the 34th section Of the sched-
ule annexed to the new constitution. proposed
by that convention for the State of Illinois, and
the effect which my action taken BY the legal
voters Of the city Of Chicago at that election,
will hare by way Of repcalins certain acts OF
the legislature Of the State named in that sec
lion OF the schedule.
section one. article twelve, Of tho present
constitution Of Illinois. prrscribes the mode
and the occasion for calling convention to
"reVtee,n - "altez" or 'amend" this consti-
tuition.
At the January (ls59} session of the legisla-
ture OF Illinois, resolution WIS passed,
Recommending to the electors Of the State
OF Illinois to vote for or against calling con
yention TO form new constitution for the
State Of Illinois ~"-Houe Journal, 1859, p.
SAT the general election, in 1860. majori-
II Of all the legal voters Of the State, voting
for representatives at that election, having
voted for convention" the general eesem-
bly,, at the next session after the yo.e Was
given, called convention to alter or
amend the constitution Of the State Of Iili-
Tuesday Of January, 1s6s.''-Lasss IF 1881, p.
The proceedings Of the convention we're, hy
that act, directed to be fled in the office Of
the Secretary of State, "and the amendments
OF alterations to the constitution agreed to by
the snld convention, shall be recorded in his
Office" Loscs 1851, ?. 80, SEC. S.
That act further provided, thst "said amend
ments. teElslon6 or alterations shall be cub
mitted BY the convention to the people, for
their adoption or rejection, at an election to
| pereon entitled to yptc by the constitution
and Laws in force at the time fixed for s.id
| election. may vote on the question OF adopt
ing or rejecting said alterations or amend.
ments-" Said 7amendments or alterations
| stall not take effect unless adopted by o ma
| jority Of the voters voting st such election y
Under these provisions OF the constitution
and laws of the State OF Illinois, the late con
yention was called, elected and organized.
Il derived its powers as well as Its exist
| eDce from the present. constitution Of Illinois,
and met and was organized pursuant to tha
laws made under that constitution
It's functions and powers Wefe not legisEa-
tive, but advisory and rccommendatory.
| It VAS body called under the constitu.
tiou and lave of the State Of Illinois, to pro
rose alterations and amendments Of the con-
stitution.
Il was unconstitutional, not revolutionary
body, lat least@in its organization); pArt d
the political system Of the State; possessing
well defined powers, derived from the constl
tu1ion and laws Of the State, and could MOI
exercise any powers but those which we're CON
fe7cd upon It hy that constitution
| It could not delegate to any constitutional
legislative or popular body It's own po xers
much less, any which did not belong to it
nor could it authorize the people O
The State to exercise any functions o.
T. ftAtr IL xrk
der the constitution and laws Of the 6ate
Hhle tha. constitution and those laws romaar
IN force. g.
the absolctc power to alter and amcad ths
| old constitution at Its pleasure, and to put tn
new constitution absolutely In force, withou
submission to the people Of the 8iate for thei
| adoption or rejection, Is question thst uade
| present circumstances need not be deter
mined. For the convention did not {e1ccp
psogid,d for submitting the constitution, a
altertd and amended, to the people Of III
Stu e, for adoption or rejection.
/ In this It copfprned to the provisions OF til
Law, under which 1t was called togethel
as 40 aoao: III sast ena
ure. I know of NO Limitations upon It's po =
CTS in that respect So long Is 1t secured to th
people some form Of republican governnen
, Nor can it be doubted, that when the ne
l constitution If IN Fotc2. ELL prcre1lsr}6E 44W
!; which conflict with It's provisions are aarul
ed; nut beause the convention possessed tt
| l. ri 7lativc power to repea1 them, but becau
tuts arc moons ia!ent with the supreme Is
| Of the State framed BY the convention.
Every principle Of fair construction Of COZ
! etitutional laneusge, and every cnnsiderlslo
Of public GOOD. shou1d, In my Judgment, t
: htld TO condnc the poTer Of the lasa con1e,
/ | tinn to "alte1iEg z and amcnalEg" the const
tutioo OF the STATE; and granting 1hst it ha
in this respect, Unlimited powcrs, and that
= !, might have established the reR constitutie
+ iD place of the old one, by its supreme decs
i raiicn to that effect, It By no me ms folio
shat 1t might repeal al or any laws u,w
, force, by assuming legislative po xers, or til
. 1t could aushoriEa tha legal voters Of the ci
Il Of Chicago TO exercise them in derogA'toa
thh exaeting constitution and Laws Of t
h State.
Vt The rc7ca1 Of the 1a.s BOW in for
= may follow the adoption Of NJ
l. canstifuhon, but It cannot be effected
tint: mere oecaafA1ion Of the couYention "a II
e Effect, nor by any rote OF the people, or
It l4or1lpn Of them, until the new eonsttud Il
l. shall be In force
II The entire thirty fourth section OF The scht
ID ME Is a. follows: :.
D. SIC 81. That at The next uauaseipsl eseee,
d. n bo htlo In the city of Chica4o. on tae Ii
:. Tne4das o< April 1861 The legal votees Of eash
tsa ,he Hn.toHipe words: For tho city Of Chlta
r. a2eaing 4ta own of8cess;' of the xuEdS: .A7&l
81 thc c1tY Of 1A1ce . ease4nx tts oVA, ot8oex
Ot ! which hhku hes ta1F14aed AID f6kN F11n6 with