, 1862-04-04
TIE PROPOSED NEW C0HSTTTE-
TEON.
Reasons Wlsyft Should Not BE Adopt
ed


70 tie Eopz: Of tic State Of Illinois,
The Convention chosen By you for the pur-
pose Of altering and amending our present con-
stitution las closed its labors and its work is
before you for your approval or condemnation.
You are invited to carefully examine and weigh
the following considerations in order the bet
ter to enAble YOU 10 determine which course
you will take:
Our present Constitution, adopted when we
were just emerging from tho e;nbarfassnents
and financial disasters Of 1s4l- 2, has thus far
elevated Us to the very pinaclcs Of social and
political prosperity; our 1lnble State having far
outstrippcd her sister States in wealth, and in
the rapid development Of every material i'll
tsrcst. Up to the time Of The meeting Of the
Convention no enc supposed that a 7tew Con
stitution was nccdcd-some minor n,odifca-
tions were al that were asked for, aad all that
was expected Of the delegates. In defiance OF
the plainly expressed will Of the people the
Convention has occupied nearly three months,
at great cSpenee, III making almost IN Gu
tire]y new instrument, radically changing the
present one in nearly every article. No re;t-
son l,us yet been given, nor has any one at
tempted to explain ,ehy the wishes aud expec-
tations Of the people have been thus disrc-
garded.
If there we're really any necessity, which
there was not, for this entire change i'll orr Or
garic law, this is not the proper time for it.
The couB1ry is conyulsed with the throe5 Of
reyoln,ion-the public mind is wholly en-.
crossed with the paramount questions, Shall
this country live Shall s,he rebellion be put
| down? Shall tlieunion Of the States be pre-
| served? We arc in the midst Of q stupendous
| civil war It calls upon us rs patriots for our
| money and our blood to sustain and prosecute
| in the field-many have Watc7ed The soil Of
! traitors with their Life blocd-nany have
died, and are dying in camps and hospitals.
Events OF such magnitude as the world
never saw, bearing directly upon our
dearcst rights aud interests, arc transplring
daily around us. Is th;s time to COM,
pei the people to stop and consider the merits
Of a new Constitution When "caudidly IT.
viewed" it is not. Had the delegates pos
sessea the wisdom and patriotism Of our f1-
Tiers, with the additional experience which
three-fourtlis Of a century brings with its
tetming years, and produced an instrument
as nca1lv perfect as possible, yst, because it
must NJ cessarilly result in civil revolution,
unsettlirg those laws and usagcs which time
has sanctioned, ovcrturning the old and aI'-
it would be dangerous experiment, as ul.
wise as imp0litlc.
But even if TIC necessity existed, and this
Nerc the proper time to present it. the pre-.
posed Constitution, as ne will proceed to
Show, is itself liable to the most Serious and
fatal objections.
JUDICIARY DEPARTMENT..
The change in this department is radical
The Jurisdiction Of the county courts is mate
rally enlarged and extended, even to criminal
Cases, and this without providing restrictions
or limitations as to the manner Of conducting
c-f+r ~ nj $11an1
as heretofore. are 10 have exclusive appellate
jurisdiction IN all cases from justices courts
Although the old name st county court' is II:
tained, in reality new court Is created. Tht
present county judges are coatinued in Office
notwithstanding the entire change in thei
duties, powers and jnrisdic1ion-thus, niue
tcll1ls OF the litigation of our people must b,
prosecuted before mea who were not electe<
for that purpose AS 1: general rule, coRut5
jadges are nn selected for their varied and eX
tensiyc legal attliun.ents, aud this provision o
the new Constitution is MS much disfran
chisemcnt Of the people as if it had beer
. provided that the present Auditor, Treasure
ard Secretary Of State should perform th
, duties Of tie Supreme Court until some tim
in the fixture, when new Judges should b
| elected.
The change proposed in the new Constitu
ton IN reference to prosecutions ia crimina
cases under the grade Of felony is most eS
/ traordiDary: All ofenscs not punishable b,
l NSAAAAAA%11t LII pEAklNA4Alj IAE ~ "
c prosecuted without the sanction or finding 9
G q grand jury.
: a county attorney or prosecutor is to b
/ elect: IN cTc1y county, aud the whole respou
sihnity Of prostc tcu1ion5 of tlis clasE Of oHense
z is given to him. Can it be possible that til
d people Of this State are prepared to surende
c that great and tinc-honored safeguard Of thci
; rights, liberty and character-the grand jur5
/; What shield or protection will be LETT to tn
| el'lzenE, It the grand jury Is not retained, t
JtrA
; enemy who n,ay find it convenient, 1t the COS
! OF lhe people to prosecute him.
y a sa'uiary check operates against the inst
I tuition OF grouRdless suits in civil causes, fc
d the reason that the plaintiff Is compelled t
5 | pay the cost Of litigation il unsuccessful Bu
! there is no such check il criminal cases, an
II the only check hitherto existing WIS found
II the grand jury, without whose indorscmet
# ana flgd1ng 70 man can be criminal1y pro:ec1
&c ted: Those who attack the grand jury &ae'
: veil as tenor to the guilty In the sofem
le lnnguoge Of the oath eDjoining their duhe
they arc not only " dilg. ntly to inquire init
and true presentment make'' Of all offensc
but they ore to present none through 1aal1c
ID any unpIesented through fear, favor al
e. equally :, for the protection of t!
T. community upon the one hand, and for t:
b, protection Of the individual On the other,
| 1ttANaSo 0V"a W tAt6 CDubAAuAoA. 4AGNN
ID munity upon the one hand can have nohos
IL prosecuted against the will Of IN ir1esponsit
O. prosecuting attorney, whilst upon the othe
1c every citizen is left to be annoyed and
h deviled at will, By any man, at the public E
as pense, Who can mike an instrument of t
Of prosecuting astorney. The prosecuting
ID torncy will be the tool Of the party or acti
d men who elect him. In Republican couutiy
d nobody will be prosecuted but Damoera
be and in Democratic counties, nobody will
ee prosecuted but Republicans.
u l. The sturdy sense Of the people viii reput
ed atc the innovation. They will never consent
IL plsce In such irresponsible hands such