, 1862-01-11
TEE Ma460IS: Stair: CONSTITUTIONAL
CDHFEETI0N,

The Convention WIS opened with prayer by
lie Rey. Mr. Jotlyn. Mr.. DRyer's memorial,
the seat Of Judge~ o. Melycny, WINS
received ind laid on The table. /
Mr.. Alexander ,arose, at thesFequest Of the
Auditor, to say that Tie information required
by Mr. Wentvorth's resolution Of yesterday,
could only in part be obtained In that office.
Mr. Wentworth declined to receive any un.
official information from any source. An
official communication had been made to tho
Auditor calling for information. It vas the
Auditors duty to mike an of1ciaf reply and |
to indicate from whit department Of, the State
Government, Hnot from his, that Information |
should be.obtaincd.. He ~wonld receive no IN +
formation that could not;go on the record
The President intimated to. the gentleman |
That there was no motion before the Conyen-
ton, and the subject dropped. s..
The report Of the Special Committee oa |
Rules was received, Laid on the table and or |
deled to be printed.
The Report Of the Special Committee az to |
tie power Of the Legislature to limit the ae-
tion Of the Convention, Was received and read. |
It is important as indicating the aninus Of the |
Convention, and is as follows:
REPORT 0F SPECIAL C03IMtTTEE.
!. The Committee, to which was referred a
resolution instituting inquiry into the liuai
tations imposed npon the action Of tAesGon-
yention by the law calling it, and
power. Of the Convention to conf1gsS for
necessary printing, have had the same under
consideration, and instructed me to make the
following report:
vides that the General Assembly shall recon-
mend to the electors to vote for or against a
Convention to alter or amend that instrument,
and that if a majority Of the electors shall Tote
for the same, then the General Assembly shall
call the Convention. This Is the extent Of
power consists In the Recommendation to the
electors, and in the act Of calling the Conven-
ton upon contingency. The number Of the
delegates, the place at, the manner and dis
: tzicts IL Fhich they shall be chosen, the time
are fixed in the Constitution When the
people have therefore elected delegates In &c
cordanee to the provisions Of this section, and
: they have assembled and orgapized, then .:
50 far asst can be effected By revision Of the
Constitution, has been entered upon. limited
only by the Federal Constitution.
All power incidental to the great object Of
calling the Convention belongs to it. It is
sovereign within its own boundaries us to all
matters affecting the happiness, prosperity,
and freedom Of the citizens, and supreme IS
to the exercise Of all power necessary to the es-
tablishment Of free constitutional Govern
1nent, except as restrained by the Constitn-
ton Of the United States. Can the Legisla-
tnre trammel the action of q body selected for
the purpose Of amending the very Constitu-
ton mhich gives being to the Legislature? #
SO, then the Legislature can make and un1nake
constitutions and can set up and oyerturn
| governments.
In the discussion Of this question in the
| Constitutional Convention Of Illinois in 1847,
| Judge Logan, one Of the ablest jurists In the
| State, said" An oath to support the C0nstl-
| tuition Of the United States had been proposed
| and taken because we can do nothing in con-
traTention to that instrument, and because
| there anas no other poaref TO Emit rs. Where
t is the limitation Of the power Of the Conven-
| ton over the Treasury? We hare the power
to prescribe the powers and duties and Salaries
| Of ofiicers.n
| # the foregoing views are correct, it follows
| almost necessarily, that the Convention is
| clothed with power to contract for and regu-
| late whatever printing it may require. It may
| be said that printing is not necessary, is not
ton. IN reply it is respectfully suggested that
| in this age printing is an absolute necessity.
| II cur proceedings and the result Of oul
| opinions are merely to be written on
parchment, and fled away for safe keeping
the Convention would be a mockery. II the
Constitution were not printed and published
none would be made. 1t is therefore insisted
that printing is necessary to accomplish fully
the object Of the Convention. Is there any re
restraint upon the power Of the Convention il
this regard. in the Constitution or laws Of tn
| State. Section SO Of article 3 Of the Constit
ution contains the following clause:
"The General Assembly ehal provide, By Law
that the printing, binding, and distributing tn
laws a1d journals, and an otheF printing, orasse
tto too tie tie lowest Responsible bidder" ~
In pursuance thereof, the Legislature i
1649, passed Law to carry out this provision
OF the Constitution, and directing as to th
manner in which the printing ordered by til
General Assembly should be let. a eontrac
, to perform such printing IS may be ordered b
the General Assembly has been made. You
Committee examined the Law and the cor
tr1cts, and found that they included onl
| printing fer the use OF the General Assembly
) and such as mi ght S3 be needed by the Exccutiy
dered BY the Convention is not By any fal
r and legitimate construction the law Of 184!
/ OF the contract referred to. Is there an
q provision in the Law calling the Couyentlo
: | or limiting its power n the matter? The la1
: Secretary Of State to cause such printing
+ be do ne as the Convention shall, fTol
> time to time, require. Is there anF limitatio
L upon the power of the Convention unless
: tF7 mere designation Of the agent who sha
g 5APE1AALNuA l4N putting AN4AA1A* - A@Aet4s
y indicates the person who shnll perform tt
work nor the terms Of performance. It c1ea
Il " grants to the Convention the power to r
|. quire printing.
9 The secretary merely executes the requir
= mcnt. The power to require printing to
d done implies the power to contract for it AT
to regu1ate the terms Of performance. U
j. less this construction is adhered to, the Sc
retary can select and fix the price. Such nev
could have been the intention Of the Legi
Il | lature.
d The following conclusions are therefore Q
l. / rived at:
That after due organization Of the Convc
ton, the law calling 1t is no longer bindin
and the Convention has supreme power in
gard to all matters incident to the alteratio
E and amendments Of the Constitution, aud Il
er it has full power to eontrnct for such printi
a, SIS It may require. ..
ANTHONY THORNTON
u JULIUS MANNING,
I. B. 8. EDWARDS,
rel WIN. JOSHUA ALLEN
,el Az attempt to make this report tho spec
ID order for Monday next filled, and the Hot
n! vent into committee Of the whole, Gen.
H. gleton in the chair. Mr.. Orme moved the co
I'd | nlttec rise. Lost.
m Mr. Richmond moved the Committee r
er and recommend the acceptance Of the Repl
Of but gave way to Mr.. Jos1yn, who objected
H. the enunciation OF the idea in the Report t
ia the Convention was supreme; if 80, the 10
no cal Inference would be that the Convent
y had revolutionary power and could organic
nj Provisional Government Or commit any ot
st arbitrary net.
IN. Mr. Thornton said the report undertook
hv to decide any further than as to how far
-. Legislature had power to limit the action
,st this Convention. He was for doing moth
~, In the Convention that should not be subn
- ted to the people for their ratification.
M Mr.. Richmond, in answer to direct qu
he ton, said that if an exigcncy demanded 1t,
al. thought the Convention had power to appc
,7u | Governor tomorrow. "
,at Mr. Ficklin thought tho powets Of the G
yention were unlimited, but he WIS, and
believed the great body Of the Convent
were, for submitting to the will Of the peo]
Of 4 motion to strike ont the sentence, II
Ills ia virtual assemblago Of the people Of
'ur "state, sovereign within its own DO
nd ssdaries as to all the matters affect
o}~ "the happiness, prosperity and freed
sns Of the citizcn," Vas lost-twenty only vot
The In the Affirmative. >.
nal There are evidences of thorough organ
Of ton Of tho Democracy, and SO far the talk