, 1862-01-07
The Contested Sent In the Convention.

VIC arc favored with copy OF tue memorial |
of James T. Dwycr, Esq, and IS 1t contains |
many points Of great interest we publish it;
Sloke Of Illinois, EigAA Representative District.
IoMe NonozaXe ths Conreatlon TO ansea5 lae loA-
stitstin ershs = Stdts q Miaets' "o'o IN eess'o"
.tion Representing from the Eighth Represent
'ative District Of said stAte.
At IN election held IL The sth Representative DIS
yember, 1861, he Was duly elected, according to
Of ytnr honorable body for said District and your
.1emoriai.t now claims the right to seat In your
In support Of your me,norialst's claim to said /
office he here presents the following facts for your
consideration and deeis1on:
B Tanner received $40 Eoses and your memorial
ist rece1red 754 yotes That with the exception Of
Of Mr Tanner. whose election is not contested.
your nemoEIaliat received the ne1tlargest amount
Of 1otes to Ms g onelyany o Tho
the state Of Illinois, entitled "of the judiciary
aanoI bg sesIe be to any other oee Of pubs
"trust, profit in this State or the United States,
du.ing tic term for which they are elected nor fol
far any eeettre Office {exccpt that OF Judge Of the
Ill 1aa & K PsGps Ss p vss ea the
5udieisl ] eiisait IT, d sid stsfs 'A fer s'ede IL
aaalied as sneh sn3 receiTea its eno!
1ments, and his tenn q Office expired on the =
day Of So - 1851; when His successor WIS sworn
had not elapsed from said termination Of his Office
before said election Of 4th November, 1861.
lonI ms1lorlalist nov represents, that said e.
L. S. y Mclyany 1s not eligible to scat in your
ht norab1e body. inasmueh az being such Circuit
judge and as one year hsd not elapsed from the ter
O election Of 4th Nov, 1851, md u seat in your
honorable body is IN Office OF public trust Of profit
in this State within the pus11ew Of asid section
States officers in this State are concerned cannoz
affect your nemorialistts claim, for it cannot be
seriously contended that said section and its pro-
Visions not obligatory in the State OF Illinois
rs State officers. Said section, though it nay be
invalid as to the United States officers, i2 and
Hos 9e nneP M tHn s + 1as
Your memoEia1fst submits that it mar be urged
that he did not receive the majority Of votes but
that Mr, O'Melvany did, and that majority of 70
ttr= in the District have right to select the mem
ber to your honorable body But in answer to this
your nieorisst states that it Is only necessasyto
esy that but for the Constitution and laws Of the
State there could have been no vote at all cast and
no election could have been had, and therefore
s1h getes Sc s9R ,Ps havs the ven them
otherwise the principle OF anarchy would obtain
- It may bc urged that section !, article L, Of
complied With in said election and further that the
law calling yonr honorable convention is uneonsti-
tu1ional. But such questions. if Eaised and
These questions. + raised: cannot be
decided by yonr honorable body, but are Of jndi-
eial nature for The Supreme Court Of shia State to
determine but these questions are not practically
| Involved iu yonr memo1ahst's case.
It may be urged that your honorable body is
competent to deeide On the Of your
| p2clty, power and majesty as cmbodying the soy-
eIeisn WI Of The people: t is true that you
M espe s RsqRRs E Rat s
1ty only and for that purpose servants, officers
public trustees Of 1he people and il is submitted
your source 1.-THE viii Of the people, and therg-
| fore cannot disregard their expressed will in the
ieei9n Of the act eshn s9a into ben
privileges and election nor disregard the other
provisions Of that law, as to said election It Is
body to disregard the present Constitution Of this
State. its provisions and restrictions other than By
suggestions Of amendments or complete revision
pcjcd is binding You can judge yonT III privilege.
or rights, OF special prcrogatiyes, such as freedom
from arrest and freedom q debate, You can Judge
the limit Of the Law, whether organic or
statutory; relating to elections to your honora-
BE body but mt snnno it i submitted oyerTnle Or
way Of suggested amendment OF revision Ton
can administer these Law. and tr3 cleo
tions b. them. and Faid. section 70 being
If be not the rule with al dne respect to your
honorable body, what u 10 prevent: you from Sc
lect1ns your nchbers from persons. neither car
d'dates nor elected on your own view OF their fit
neEs fof the position and thus render your body
1tIcsPons1ple anu END TO reFolntloa:
II Eont mc91oI1ansl s1eW OF your powers be
coffcet!ncn1t is submitted fhat the simple ques-
L11n II TINS case tadmlt11hg the lact that Nh.
OMeisany was sheh tLletlt Juues, and that one
| year haa nol eiapsed IS a1ofesa1d} 1a narrowed
Gown 70 ne simple q1est1on, ls scar N your
uonola2lc 99u1 Mltnln lnc meaning q sad sect1o4
| ~ o. me eonstltnt1on: II ma! DC contended
Isc INC "hole Sonststutlon ITS OBJECTS ARD hlsto-
Il tnat seaL Ni1h1n yoEI honorable 1odF + not IN
onlce M!tnin tsio seetlon ~ from tAe h1story o.
1ea stea1on III tne 1ouIHal oI Lne Convention o.
tnt @ hut uniy tne 4in1e o. 1tstlle 81.
tm11 mnste mosn @ nnt % 1tsU ens 1s , anu .11s5s
eonasaPtaIeu "eAe 1uu5 u4seusseu ai'o eesuleeu LII
seIt.un aa ~. ,,,.xo5 .h,+ ~. ,,n.o+r,.,
a.atfan ~ nsG4 tnms .ne ttf H. VI tnal
els renaefs us oeanos uoopuu. 1ne elanse
| ieaus tnne.
The Judges Of the Supreme aad Circuit Courts
| "ehan not be eligible to any other Office or public
trust Of profit N this state Or the United States.
"for one year thcreafter-.'
4 II NOV h. so;d +hat T. ,,sone ,,4 or1,,
honorarF OFFICERS and nnhic trnsts int a1.o ec,;
narv nff2ces ani nrh1ir frnsts ~ nrnt;t T f ~;
hrnnd r;eu- NJ fnMa1r,ns "a cioir, ;o;hia 1Ies
Tor If seat in your ho:orahle haax ~ Is mt
n me Of nfo and ~ II ndt nne 81 nr,,t nst
cndipg beth = ta;ai i! to 81 nlr oas1SanS.s eaasa: