, 1862-06-04
THE NEW CONSTITUTION
An Impartial Examination
y, and Review,
READ AND PONDER.
Shall 1t be Adopted Or Rejected 2
To the People Of Illinois.

Ii 1B pEOpD6Eu LII tA9 AV1NHkuE RA4E8 ~ IA
anime The new constitution Of Illinois, IN q
spirit Of candor, avoiding everything Of par
tizan character, and noticing only those fea-
tures which hare common interest and sig
nifcance to every voter and tux payer in our
State. It is well known to the people that
large portion Of the time Of the convention.
which should have been devoted to amending |
the constitution, vas consumed IN political
and personal sQuabbles with. the State Off
cezs. No Importance is attached to this elr-
cumstance beyond the fact, which will here
after appear, that the legitimate duties Of the
body we're crowded into 80 short aperiod
Of time that numerous crrors, erudities
and contradictions crept into the Instrument,
and that the Judicial system especially, has
been thrown into the utmost confusion It
will also be seen that there are several dis
tinct and palpable frauds either perpetrated
outright, OF arranged to be perpetrated here |
after. Republicans and Democrats united in |
making this constitution; Republicans and |
Democrats signed it and sent it to the people: |
Republicans and Democrats in about equal |
numbers, must live under it, If it is adopted,
and be affected by it in their persons and |
property. It is fitting that it should be judged
by both, apart from any partizan censidera-
hons, and 1t is in that spirit that 1t vii be here
argued.
10 WE MED 4 NEW CONSTITUTION?
It wi1lnot be denied by any citizen Of Iii
nofs that under the constitution of 1917 the
State has attained an uncommon degree Of
prosperity. The maxim Incorporated by JEFF
ferton in the Declaration Of Independence,
that "prudence will dictate that governments
long established should not be changed for
light and transient causes.'' applies with the
eame force to the fundamental law Of State
as to its form Of government hat were the
causes which prompted the calling Of the re-
cent State convention? They were three in
number, and very trivial in character, namely:
LIST, the alleged inadequacT Of compensation
of members of the General Assembly, State
officers, and Judges Of the Supreme and Cir
cult Courts. I'd, the supposed necessity Of
lergthening the session Of the General As
eembIy. Sd, the supposed Inability Of the
Legislature so suspend the collection Of the
two mill tax No other reasons for amending
the constitution we're argued before the peo-
pie, and no others were supposed to exist It
was not expected that the convention would
| launch the State into an essentially new ex-
/ pertinent, especially in period OF war and
| revolution. All the amendments to the con-
| stitntion Of l647. asked for By the people,
| could have been prepared in Two weeks, and
should have been submitted at the regular fall
election, thus saving the cost of special elec.
tion, which will not be less than $50, 600. Let
| us first see how the amendments, which were
supposed to be needed, we're framed by the
! convention.
! LEGISLATURE AND STATE oFF1CERS-No LINZ
| TATION OF PAY.
The new constitution places absolutely 10
| nullatloA oA LIZ pay u Welhoels u JIG 1eSSls-
| lature or upon the length OF sessions. Section
twenty three Of article four says that the COM
pensation Of the first general assembly after
It's adoption shall be three dollars per day, and
ten cents per mile for necessary travel going
to and returning from the capital, and leaves
the future wholly nnguarded. Is this safe
Is it honest? It will be perfectly competent
for the next general assembly to raise the paJ
OF members to five dollars per day, and tw en-:
ty cents per mile. Do you SAT that they ars
not likely to do so2 Why then is the oppoEE
open? Why did not the convention, follow
ing the safe example Of the old constitution
fix some limit to the compensation Of mem
bers? Il vas either co Tardice or dishonesty
which dictated SO radical change.
The old constitution fixes period in eaci
session beyond which the legislature canno
sit, except at reduction Of one-half from
the usual per diem Of the members. Thf
provision has always had most salutary In
J 11uence in e2pediting business, and thereb.
saving money to the State Why was not th
fixed by the old constitution is too small
that is no reason why all future legislature
should be allowed to sit through the year, Q
} such portion Of the year as lziness, Or ca
, price, or cupidity mny dictate at three dollar
! per day, or i've dollars per day, or shatete
may be the compensation tor the time being
, The mi1dest comment TINT can be made upo
Z this feature Of the new constitution il, that
E is very loose and dangerous method {
) framing the fundamental law Of State. Tn
old constitution is far better In this regart
for, admitting that there is slight error the1
: as to compensation Of members OF the ge1
= eral assembly, it is better to err On the side
t the tax payers than on the side OF the polit
:, ! clans.
5 This defect in the new constitution is eve
more conspicuous in the fifth, sixth and tent
: articleE-the salaries OF the State officers ar
f Judges Of the Supreme and Circuit Courts nj
j. being limited to any specified sums, but lc
open to the caprice Of the Legislature.
L. eays that the compensation Of the Governo
= Lieutenant Governor, Secretary Of State, Aud
l. tor, Treasurer, Attorney General, "a ne
3, cfice,) three or t1ye Judges Of the Supren
i Court, nineteen Judges OF the Circuit Court
+ s'ehall be prescribed By law" Why not ha'
d these salaries prescribed by the constitutio
!, | as heretofore, 60 that the people can kno
II exactly what tacy have got to pay for the su
o port Of their government? Was it an hone
1t motive which induced the convention to d
ia Vious history as q State? Or Was it g purpo
IN to make constitution to crafty of1icesteke
IN at the expense Of the people? The salaries
members Of the Legislature, State Office
lg exciting topic of each session, and all expe
ence shows that such salaries neeer gron q
snaaler. Their movement is always in
other direction. Unless held firmly in tn
places, as in the old constitution, they 6
sure to riec. The temptation Will alwa
y as often Us party necessity demands or p
-, eonal cupIdlty can avail. It is no ans Ter
this objection to say that the salaries canr
be increased during the term Of Office o1
II particular legislature or particular gov
nor, because every member Of the legisn5u
r OF at least nine out Of every ten, expect q
desire to bere-elected to thai Office or bet
'e- one. Now, let each voter ask himself whetl
VS. it is good policy to depart from the old est
,1e liehed rule in q matter Of such vital inter
IL tention into each and every Legislature he
p, after elected.
IL RuMP LEG1sLATURE-No LIMITATION OF s
IN. sIONs.
re This subject has already been referred
~ The people generally thought that forty t
w. days in two years was too short time for E
lp~ sioEs Of the general assembly: The new c
m | extreme, putting no limitation upon tho s
s sions. It is not too much to say that such E
eu ssons are likely to become corrupt beyond I
to former example. No legislative body ever
lat came any pllrer by protracting its sessio
'fe tors to Springfield Of late years, while the G
ar- eral assembly has been sitting, TINT gambl
nd | and intemperance prevailed among membt
aa | sharpers and lobbyists to very meIanch
~ extent, and it is always noticed that these vi
|
7as longer they remain together. It is perfet
it. natural that it should be SO, and also t
sn- recklessness and corruption in the public
: 4 siness should increase in the same ratio.
ng ANEW WAT TO PAT OLD DEBTS.
ID Having shown how the convention disch:
MI. ed its duties Us to the desired amendments
ls5 sl' rs see what changes they made that were
ere desired and had not been discussed by or
a | fore the people.
;oa Section s., ofArtiele ", in the new cor
ND ND tuition, provides that the State may be s
1aa 1an like private individual, and Judgment l
~ he entered against it By the circuit conr,
ia. sangamon county, with the right Of appsa
rhc the supreme court), and that the 1egisla!
te5 must make appropriation to meet all ju
a. nlenss SO rendered. This provision make
.lso necessary to create the new Office of Attor
,os. General, or the office makes 1t necessary
was n1o7 o''N~ @''e "e" ''o'sl1 Nv 110t'0t ~
J Of 4 SCHEME TO TAX TIE PEOPLE TO PAT
McALL1sTER AND sTEBB1Ns BONDS.
ave ave Under this clause Of the new Coustitu
tele @ the State may be compelled to pay the N
n9t " lister and Stebbin's bonds In full. This
,n3e :. and oVergroWn claim has been freque
'p.e ,a brought before the legislature and cast
sn9 .9 because the Wall street holders would
,,,a 1na accept IN equitable adjustment, but 1nsi
Iaed upon having the full amount Of their I
,Ssu ,So1 But If they can bring suit against the 8
mes an they can nnquestionably obtain judgu
~ for the Ehole, IS innocent holders, IS t
g eGu, persons who had received no notice Of tht
= uS ture Of the original hypothecation. The I
~ az ent holders Of theee bonds had perft
~ correct knowledge Of their character, and
~ them on speculation, hoping that the
sE sas would come when they could realize the
1nat amount Of principal and interest. But il