, 1870-09-29

7a The Editor a 1he Chicago Tribune;
After careful reading OF the speech Of Gov
ernor Palmer. 1t Springfield, On Monday. In tie
conference with she committee from tnis city,
while It Is. OF courSc, to be concedsd that he
acted in accordance NTH his conscientious con-
sicsions Of what the letter Of the 4w requires Of
him IN making the legislative spportionment for
Chicago, It still seena to me tna. he committed
serious mtstake, for which he can ind no warrant
IN the constitution tself. That mistake, as con-
ceiEe, had It's origin simply In this-taat he mis-
understood The action Of the Constitutional Con-
Fent1on, md assumed certain thinga to be pastnf
the constitution which do not belong In II, Such
statement may Seem to airaIgn, not on1y the
judgment hnt the intelligence Of the Governor.
but The sublsct Is one ul importance enough TO
The people Of Cook County to warrant its further
discussion I Will proceed, therefore, to make
good; II possible, this view Of the case.
The Constitutional Convention nroposed tn
the people Of the State -wo methods whereby the
npp1sucnnent fur members OF the House Ut Reo-
resentattves should be made.
tsFH: The convention proposed that, after the
year 1871, the Principle Of Minority Representa-
ton should be embodied In the constitution, and
thAt IN case that principle wss acceded to by ROD
ulsr vote, there should be three Representatives to
each Senatorial District, such Senatorial Districts
being dxed in accordance with certain plsu pro-
vtded tn another article.
Seco1d: The convention proposed that, II the
people should decide that Minority Representa-
lion should not be constitutional provision, that
those t~o sections, numbered and s. OF the Leg
&ssaitse article should become part Of the coust-
tudon, and that " those sections future Laslsla-
fufes should be governed In liking tho appof3iou-
ment for members OF the Legta1ature. But, II It
was Decided otherwise, and by popular rote Nj
noE1ry Representation we're adopted, then those
SECTIONS should be nul and void, being only OF the
natuFe OF duhstitutc-or TO use the ipsissima
eerbd Of the Schedule, "in csss 9 aid Sect1op re-
latlng to Minority Representation shall become
portion Of the constitution. 1t shall be substituted
foT Sections and Of the Legislative arucle.r
Now, M Minority Representation uas adopted,
these sections cease to confer any power upon any
Legislature. For the Legislature Of 1870 is to be
chosen under an AuthbntJ given elsewhe.e--so
be shown prtsentlJ-to the Governor and Sec1c-
taty Of State, and the Legislature Of 1871, and a
succeeding It, are to be chosen In accordance
with sae article Oh Minority Representation and
the rules latd down IN reference thereto. The
tL,stake Of Governor Palmer was IN overlooking
this feature Of the CONSULTATION, and In supposiug
that Sections and are part md parcel OF tnAt
instrument, whereas BY the adoption OF Minority
Representation they arc rendered null and void,
AZ the intention Was that they should be the eun-
-fitute for Minority Representation In case that
was rejected And not only are they discarded.
Tor this reason, "a part Of the constitution, hui
they would, a. any 1ate, hare been without force
I'll the Legislature net and under these secnons
shonld proceed to apPortlon the representation fer
the succeeding Legislature Of 1s7a
But, IN the meantime, a Legislature WIS to be
chosen for 1870, and It was necessary to provide
for that on the new basis Of population, aud lodge
The power somewhere to nI the new appostiop-
nent That power E1s Etycn to the Governor
and secEcta1T Of stare. Now, had Minority Rep
resentatton been voted down. but the constitution
nevertheless aoopted. ther the substitute Sections
and 8, would hAse remained q part OF the coz
stituuon, and the Governor and secretary.of State
would have had full powers, under these sections
to make the appozs1onment But there being no
such sections In the constitution, they OF course,
confer no power upon those Officers, who In lnak-
ing the apporuonment, were to be governed solely
by this provision Of Section - OF the Schedule,
namely: Immediately inter the adoption OF THIS
constitution. the Governor and Secrea.J Of State
shall proceed to ASCERTAIN antl hI the 8ppo;;toa.
| meat OF the State for members OF the lrat uouse
| Of Representatives under this constitution This
s1ves the powers now, how is the power to he ex-
| eFcssed: Thus: "7he appoFtioameat shall be
hated upon the Federal census OF the year OF our
Lord 1870 Of the State OF Illinois, and shall be
1nade strictly tn accordance with the
Fuies and principles announced III
/ The article on the legislative depa5tuer,
! Of this constitution" Now, "rnles nnd nrI1ct.
| ples" are one thing, but constitutional power IL
| quite smother tlng. The principle IN Sections :;
and s. is that on which the apposnonment Is to be
made according to population, and the rule Is an
a1sthmettcA luie by which 1t should bs rsduced to
| practical use: but the constitutional power 10
| those sccttons-n case fhey had remained ps.t
Of the constitution to the division o: coun
tics with oTrr 10000 tnhabirants into Dis
| tttcts; to = new apport1onmcnt tor Representa-
ton after 1885, and to appottto1mensA for fractions
1t population But, - by The adoptton ol MIpof1.
y Representation the appoTt!onlaent Of Reprcseu-
tottyes III The House is to be In accordance with
Senatorial Districts, those powers conferred upoo
| the tee1slature By Sections and 41e iuopetz-
tive, tuasmpch as those sections, intended only Is
snesttta1es, IN case ut the rejection Of Mino.it,
Representation, are not part Of the constitution
And being imperative ~ regards any future
Lcgtfiasu e.. they fall equally in bestowtns
| any Constitutional power upon the Governor
Ind Secretary Of State These omce1s therefore.
were referred to them safely IS guides for certatn
rules and principles, 1elat.ng only 10 apportlou-
| s7ents In accordance with population, but we're
lot endowed b.. them with any power xhateger.
Their powers were derived solely FINN
Sections Is AMI II Of the Schedule. which
Faye them implicit directions as to how the1
shouad appor1on aud district the State,
In taking this view Of the subject, We Assume.
Of course, that the Constitutional Convention un-
detstocd perfectly well what It VAS about. wss
not tn the least degree confused as to the mean
Ing OF itb sxn language, aud the force and ,atru1
the provisions which It presented TO the pcopIc
for their su1zages ~ the fundamenrzl law Of thc
State Tue power given to the Governor an.,
Secretary OF Safe VI. merely provisional
power 70 answer Temporary purpose. til;
Minority Representation should become the 1sw In
1879: lniendedto bridge over m interval iii such
tune asthe constitution tn It. entirety shon1 corce
lno operation. The directions Tor the use Of tha.
power were given IN the Schedule. and tne,n ~,
no intention, either In the spirit or letter OF Ia.
constitution ttself, o: clothing them with anJ =,
the powets which b5 Sections and wopId haye
belonged to future Legislatures, In case those se
ttons should have remained ps1t Of the cousrtu.
don BY the rejection Of Minority Representation.
The confusion Eas not In The minds OF tho mem
ber1 OF The Constitutional Convention, nor in ,he
terms Of the instrument which they provided. but
solely In the mtnd Of the Governor, who mlssook
radical principle and an as1thmetical ru,e TO
which he was referred for guidance for 4 const,tu.
uounl power which b ~ no existence, q.
Mi. F. A. Trtt1e, the Republ ican candidate for