, 1862-05-12

operate, the power Of the legislature is left un-
touched. and in full force, The legislature had
ample power, without the provision ol the
constitution, torcali a conyeurion for the pnr-
peso Of revising altering or auaeiidi4g ii aE in
st1nment T bad power to. make The
aaas At s9sh such ns sosos euea Is sbod a1d
Judge expedlent. It bad also full power to
prescribe the powers and duties Of the con-
Tentlon. The constitution. however, pro.
yides that the legislature shall not make
such = call, until wotlllrds Of each branch
think It necessary, NOR until it shall have re-
commended to the electors at the next cleo
tton Of the general assembly, to vote for or
a.aiust convention, nor until it shall appear
that majority Of all the electors Of theState
voting for Representatives, have voted for it.
When these requirements are complied with,
ent power Of calling Convention. but not
nntl then. So, as to the proyisions Of the
constitution In regard to tbe manner III which
the call shall be made.
Cnrcetrained by those provisions, the leg
islatEre.cou1d have called the convention at
such time es 1t pleased; have had 1t consist
Of as many members as was thought e1pedi-
ent; have had them choeen At such time, in
such manner, by such persons, and in such
districts as it might have prescribed. The
only effect Of the constitution was to restrain
the legislature from making call at any ses-
from fixing the number Of delegates at 4
greater or smaller number than the number
OF representatives at the time Of making the
cali, and TO restrain It from prescribing any
manner: place, electors or districts, than those
that chose the members Of the house ufrepEe-
EentatiTes. Unrestrained by the constitution,
the legislature might have fixed such time for
the convention to meet as it thought proper,
dthe only effect Of its provision in this regard
IS to restrain the legislature from fixing the
time beyond three months after the election
Of the delegates. Thus, it will be seen, that
every provision Of the constitution Is in re-
straiut Of the power Of the legislature. These
restrictions were complied with, and in every
other respect the power Of the legislature re-
manned tie same as though no restrictions had
been imposed It might fix the time when the
election Of delegates should be held. It might
fix the time when the delegates should
meet In convention, subject to the restriction
which have Just mentioned. It might cxer-
else ALL Its inherent powers, in its dfscr2tion
Where it was not restricted from 30 doing.
Having ascertaired the true source Of pow
er under which the convention assembled,
and that 6ach power is unlimited, except so
far as it is restrained BY the constitution, and
there bcing no such restraint in this regard, it
follows that tie legislature lad power to de-
1ine the duties Of the convention, and to i'm
pose such Limitations upon its authority as
were deemed cSpedient.
The provisions Of the constitution arc to be
CONSTRUED SO IS to harmonizs one with
another. AL Of them were adopted to trans
NIT u,,inspaired to succeeding generations the
blessings Of civil, political and religious liber-
ty, to secure more perfect form Of govern
ment; establish justice; insure domestic
tense; promote the general welfare, and
secure tho blessings of liberty to the
people and their posterity. I am unwilling
TO believe that the framcrs Of the constisu:
ton, having these ends tn riew, intended that
contention which should be assembled
thereafter for its revision, alteration and
amendment, with the same ends in view
should have power to abroSate one provision
after another until every yestige of consti.
tutional government was destroyed, aud then
usuTp the supreme authority Of the govern.
nicnt. The people, when they voted for and
| tended that it should have any powers othel
| than what the Law conferred upon it. The
| people never intended to confer upon the
| convention the supreme authority Of the state
| with power to pass and repeal laws at its vii
| and pleasure. The people elected the dele
| and submit it to them for adoption or rejec
1ion, and for no other purpose. Il the con
yention could usurp the legislative power o
the govern mcut, and repeal one lar in viola
| ton OF the provisions Of the constitution, II
might hare repealed all tie lars upon the stat
| NV OoAh@ - 8ANA u pun III N<A4 A[ EAGlN11tt
with the assent Of the Inhabitants Of particu
| lar district, it can be done without their ~
sent. The convention was either the suprem
authority Of the State, aud subject to no con
troll Or restraint whatever, or it was not
and if not, its powers we're limited by the con
| etitution and the Laws
| In my Judgment, the late convention va
/ subject to thu constitution and the laws, ans
| its powers we're limited by the Law calling
into existence. Tie amended constitution
can only become the supreme law Of the Stat
in the manner specified in that act. No par
I Of that instrument can become law until
is submitted to the whole people Of the State
nor until q majority Of the sholc people hav
yu:ed in 14vor it. The convention had n
Power to put the different sections in force B.
submitting one to the people Of Chicago
another to the people vi Union county, an
q third to the people of Cairo, and SO on, unit
each section was made to depend for its valid
ty upon the vote OF the people Of particl
lar disctrict selected by the convention
In my Judgment, the convention had no poa
er to pass or repeal any law in the name
mentioned in the thirty fourth section of til
schedule Of the amended constitution, and il
attempts go to do is nullity.
l remain, very respectfully,
Your oh't servant,