, 1862-05-12

Sb1eAGo. Asfch %, letS.
s. e. COVENTRY, Rsa President Of tie Rao,1:
Of f"'see cf Tic City of Chicago:
DEAR SIR: I have receiyed your letter of
the 18th inst. calling my attention to the
thirty fourth section Of the schedule OF the
constitution, nden.ed BY the convention lately
held Ut Springfield In this Etste, and request
ing ny opinion as to the power Of that body
70 repeal cegtain Laws specified in such eec-
lion, in the C.anuer therein mentioned.
The 1st section Of the 18th art. Of the present
constitution of the State, which has been in
force since April /, 1s4s, provides that
q whenever tEo-thir1s Of al the members
elected to each branch Of the general assem-
tly shall think It Necessary to alter or amend
this constitution, they shall recommend to
the electors, at the next election Of members
Of the Genera assembly, to vote for or against
3 convention: and If It shall appear that
1najoTity Of Ill the electors Of the State voting
for representatives have voted fo- & conyen-
EesElo1 call 2 convention to consist Of as na-
NJ ntubcrs as the house Of representatives
At The time OF making said call, to be chosen
in the same manner, at the same place, and
lH the sA:ne electors In the same districts that
choose the members Of the house Of repre-
Fcntativeb, and which convention shall meet
within three months after the said election,
for the purpose Of revising, altering OF
amending this constitution
The general assembly OF the State, by 2 joint
4NEl4Al1tQ, dQpFl-u IT, ---, 4S.13, TGCDm-
mendrd TO the electors, at the next election
OF members OF tie general assembly, to vote
for or a:alnst convention, and majority Of
such electors having voted in favor OF it,
the Lfeislalure, by an act, approved Jaruary
81, 1ebl. called q convention 70 alte- or amend
the constitution, to meet st Springfield, on
the fir+t Tuesday Of January, 1867. The act
provided that tho number of delegates should
bc the SINE rs the number Of the members of
tA. House Of Representatives, and that they
th''a.d be chosen on the Tuesday next after
1he iirst mnrday Of November, 1861, in the
ss1uc nlan1:e-, st the came place, and by lie
tMne electors ii the sarlc districts that chose
IL" Tt III =, IS Of the uouse Of Representatives,.
Ilc act further provides, tha: the amend
lnentt, rcrisions or alterations Of the consti-
tluon agreed 10 by the convention, shall be
submitted by it to the people for their adop-
ION OF rejection, st an election to be called
ty the convention, Provision is made
for h.lGiug such Election, and for aseer-
taining the result. If majority Of the votes
ciren at such election are in favor OF accept
Es the attentions or amendments, or any
fert tlt:cof, tllry are to become the supreme
= nv Vi the State; but If majority :ot the
1oteE given st such election ART a,,aiust the
amendments OF alterations, or any part there
q. then the same are to he null and void
The schedule Of the proposed constitution
Provides. that 1t shall be submitted 10 the
pcc1l, Cor their adoption or rejection, At an
election 70 &c held On the Tuesday next after
tie third Monday Of June, 1869, aud the
1Eancrc ia vhsh the result Of such election
shuli i'e ascertained.
1t a,zo provides, that i a majority of the
votes pulied are for the adoption OF the pro-
poposcd constitution, it shall become TIC
sprrcme Law OF the State, fren and after Sep
1c1lber l, 1859; but If q majority Of the votes
polied src given against the proposed cu1sti-
tuition. the sane ehall be null ara void.
The framers Of the proposed constitution
hnve provided that the thisty-fcurth section
OF The schedule shall, upon certain contin-
gtncy, 60 into operation on the third Tuesday
Of Ap;ii, 1862. without its being previously
Submitted to the people Of the State for their
*'Ihst it TIT next municipal election. to be
held in the city Of Chicago, on tho third Tues,
Gay OF April, 1852, the 1t a} yoters of said city
shall caus@ IT. b. printed or written upon at
tier ballots the following words: For tds
ei'y Of Chicago electing its own officers , o.
the words: Against the city Of Chicago elect,
Ing Its oHn office.rs : which shall be canyassei
and returned with the election returns of ths
ba1iolA, as is row provided By Law. And, II
case thu. khall be a 1nRjoEity Of the legal vot
crs, yoiin.- 1t said election, In fayor OF ths
people Of =>lli city elccting their own officers
Is Indicated by said above mentioned words
tlcu il shall not be lawful for any officers O
tAat city to bc chosen in any other mannc1
than BY q vote Of the people Of said city, 0,
appointed 10 any other manner than b5 ths
mayor ana aldermen, RS provided ty present
laws and thu &C, approved February 2, 1861
entitled AN act reg 1iating the custody and sal,
Of personal property under legal process, II
the city OF Chicago, and the towns OF aoutl
Chicago, West Chicago and North Chicago
III s!"ok County, also, An act to establish
eud 70 prescribe their powers and duties ap
-p1oTed February 2l, 1861; and also SO ruuc
o: an ac, approved February Is, 1861. as
embraced In section siz15-six and one-h2l
{G6;{} OF an act TO amend the city charter G
ChlcsEo and creasing three commissioners t
the sa1i'e are each aud all Of them hereby II
pealed: and the powers and duties Of all oil
cere appointed under and By virtue Of sal
acts shall Immediately cease. And hereafter
nsi1her the governor nor general assenbl
ehal appoint any person to any Office for sal
city OF Ch1csso; bxt au officers shs
bc elected by the people Of said city, or Al
pulrted by The 11RJ or aud aldermen, is proT
1eo BY present LEWIS, Q. BY such g~uerl lzx
as Ma, h.resftcr DC passed py The general q:
eelnblv under the constitution
The Quuetion presented for my consider
ton, ab i'll be seen, is whether the courc1
ton had power to pass and repeal laws in
napnt-r Lot provided for by the act und'
which lis del,-get+e were elected, but in 6uc
nauner ss 1hat body, In its o IN judsueu
though: proper: Tbs convention yet st De-
ant c The provisions Of tbs act Of the legisl
turt, nl'd i! he power asserted can be sustai.
I'd, J, had The power to pass end rrpe4l Ia v
IL ie tiser. t,un, and wzs subject to no r
htr4itt whatever, othsr than what /
mt nfers voluntarily imposed upon thet
se:i,ee. S'2teeDen, jurlsts and hieforisus hR,
hitherto pointed 10 the States of this Un,e
with pride, Ms governments in which tae lc
felat.yt power ~as not absolute, but rcstr An
BY ~iit11.n constitutions II has not be-
Euplostd :hat our institutions and o
f.Ehte n!,d iipe.Ilrs cvuld BE- plored 8b4}lute
in thr I,o~s-r II a pody Of men Wno were gu
leg: tc 10 restraint Whatever, except such
uvir oan judgment might dictate to them
Accuca'ns u the theory Of our gorcrnne1
a!l lr,;i::cal power is primarily rested in t
: TX opic, sn0 iviu them au political pswer
ussl.ro. Tue puuucl power Of the pcof
Il primarily Vested il them as xn 1gRrega
Community, ano i: is frequently described
seyrreigb power-not for the purpose Of {
string tnar it tas any Of the pecuuar att
butee Vi power vested in soveseigas, out
express the idea that It includes zu t,oilt,
puser veeted in the supreme authority O.
Community. Although all political power
vested III the people, they cannot exercise
dipcliy rs III aggregate community, ell her
ul;sescs or pr e1paa: It can only be direc
e1+rcierd by representatives Of the peop
The pu:t'on oi l'oliticz:i power vested
encb inol.ionu Vt community is I
right III nas. vuire in the elect,
pf r-pr. sentsttses; and the direct aSkrr4,
1uwert II the whole community, is made u
rrt cxcrcs-e Of 1be Aggregate Euwer uf
poi1-, i -utitsg aud by its exercise tn
now: Z n- cl,nauuuity, It. to cart lin * e
and upeer cert .iu restrictions, delegated
aI+,1 r-.,st>. s,tstlse-. III: people, u. a ca
u.ul.ty Do not delegate to their rrPrrseu
ti.ts ab-uiuIe power, but oafy such pu ver.
hr, l,ec.rsaty us txtstdieut for lhGm to b
for c., Vi, putpo-ts- Ii The 2bs+Ece OF
trkartz. government, and OF any con5l,
1ca Ill ldu, LuyluK powcr to orE4uize o
HE ;l- m~y lrsi.iInatcsy institute au
crlt1v. ..ssst1izst on for the purpose Of bri
IT, together f.6 REPRESENTATIVES to form Z
EFT iunti.
Fer '!.c purpose Of presenting ny vie vi
fAe cu.sts'u. mentioned tu your le:t7F, Il
nu1 iu4s n!tal.t to mention the pre'inlR
if'tte ,.GNi-.t4 10 the establishment Of 3 Il
Etr+ry',s.r, When government is rg
1u:ly n''t.stco. The sovereign power Of
ptoPh !" e.1tAlu Ixtcnt, and under cart
rss,r1c' ''o1,t, ir nelesated 10. and placed In
hAlde o. II. representatives.. constitus ting I
Eo. tn at-pt. eotnmohly called the Stsse
Form oi thr e''v:rntnent, aud the pp1ess
du.iee of 'hosv adl1iuss' ering It, *rs in t
Sl#te .,t Ill al utt1er States ID the J1n,on :
xrr1bed bid lllnit'd 4 bt. Il written constituri
No ROVER whatever is oelegnted b. Chr ~ ,
fa.x III, one, except 10 iss represents sa1tyt.s :
aop.1l.ie;+t the government aud 10 r,,xe
dtl~ea'ed ssa to them to do any ect ean+
II .ilr wstlsru constitution prcsc1io,np +
7r.~t,H 1pc duties, Thus, while our gov
i,.+rt l. IN of THE peuple, It il one nayit
TRES. Iite-f u, aud il Il, b. administers
f.e lt41,clA11 representatives., and r
ftne n. in ac.urda 4ce with such form an'
NO other MANNER.
Th, 1r,~er- If the government are div
sosa tt,r. - x1sef3r1.$ fjHr,xFfInfuts md Pr