Rock Island Argus. (Rock Island, Ill.) 1871-1872, 1871-11-17

'enor, but the omission must be accounted u
or by supposing that he regarded these 81
operations as merely incidental 10 the emer- b
rent duty Of protecting the treasures IN The o
burnt district, guarding the unournt dls- Il
rict from disordars and dangers by further I
ires, and protecting the store houses OF
supplies. I
Ii will be seen that in discussing the con- ,
iuet of the mayor aud Lieutenant General l
Shyridan, / have preferred 10 follow the
given by themselves. rather than
those which have been invented aud exag-
rrA,ed to create a public sentiment unfSvor-
able TO a fair Judicial investiEat pre-
sumo no instance eau be found 10 the his
tory Of free states where public officers, for
reasons so himsy, have undertaken to sss-
pend the laws.
Influenced alone by senss of duty, and
oy the belief that the acts Of the parties
named we're contrary 90 tue laws and re-
proAchful to the character OF the people Vt
the state, and OF most dangerous example,
| have dee med il my duty TO lay al the facts
before the General Assembly aud the peo- |
ole OF the state. In preparing and address
,ug the letters Of the 2Sth day OF October to
the attorney general and states attorney OF
the seventh judicial circuit, and, indeed, III
AN that have written or done in regard to
these affairs, 1 WAS aware that could
scarcely avoid giving offense 10 powerful
interests that have. Tor the present, the sup
port OF the opinions and sy IA pathies OF MANY
perhaps majority, OF the people OF Chlesgo;
and knew, also, that the people OF the
state are still so far under the influence OF
isshngs of hostility 20 secession and It's kun
dred heresies, that they are inclined to view
| with disIrust the assertion of the autaorly
Of y stat aud its constitution and Laws
| whenever the authority claimed IL opposed
! 20 auv preteuslou OF Ihe Fedora govern
uent, or any person Who Processes to act IN
iIs name. Nor eau profess to be entirely
tree from such feeling, though ! csnuol
bring myself 10 believe that the federal and
,tAte governments are hostile or rival
organizations, each eager to grasp and
absorb the proper powers of the other, but
regard them ms IN fact but different agents
nd trustees of the people, Instituted h,
them with different power and designed ioI
different purposes, aud tina, the people can
: aud will modify and diminish or enlarge the
. powers Of each, as they may determine will
= best secure their own liberties and promote
! their own happiness.
D But while / continue 10 occupy the place
I 70 which have been assigned by my fellow
o citizens, il is my duty to exert al the power
they have conferred upon me 10 maintain
: the adjustments of political power, precise
as the people of the United States aud of tn,
+, State Of Illinois have. by their own solemn
: constitutions, Determined. am not st lib
+ -rty, even by my silence or indifference, 1,
Y ! that he tkaIr Oh a. a
j. sequences or by their influence and example
j. iosidiously change the spirit and substance
d Of our institutions. while the forms of th'
u govern ment apparently remain unaltered.
i One of the vital principles that uhderlIe
0 our whole systsp OF government, Is that o
! the complete separation and the absolute
d Iudepe ndsuce Of the federal and state gov
Il rrnmenIs. Chief Justice Marshall, one o
, mo most eminent urisGs aud Statesmen
= shose names sdoEn our HISTORY, sad IL
= America the powers Of sovereignty are d
yIded between the government Oi the uniol
: ard those OF the states They are eac
o sovereign, with respect - the objects CON
nitted 10 il; and neisher sovereign, viii
respect to the objects committed 10 the 9th
r er." And ] have supposed that such IS NO
% July the proper view Ui the relative power
, 1t the Iwo syste ms IN the light OF the coD
sJItuIIOn aud Oi Judicial decisions, but TIA
p lG has it's foundation 10 necessity aud rea
son. Ii ia lm possible 20 suppose the cast
- OF two governmental agencies shat posses
be same po~ers, that are subject to ih'
> came duties with respect to the sane os-
r iect-at the same moment Ii such vie =
was possible, under any incom prehvnsrbi'
system OF politics, what would he the etfrc
y Of an attempt to give it practical spphca
zion ? IL would be, that GA occasions o
disorder or difficulty each would depend
upon the other, until the rights ard safety
It the people would be imper;lled or, !
both should eagerly hasten to the dischArg,
Of the common duty, their powers would b.
,rough into collision-forif their powers Rnr
; duties we're equal, who can decide between
lhem2 90 the late occasion IN Chicago, .
SAs only because the representative OF N
Illegal aud righlful authority YIELDED -thouR
70 uuconsciously to that which was usurpet
aud Illegal, Iha, We escaped unseen ]!
! controversy.
And !. quite as difficult 10 imagine q
case ia which the inhabitants, or any 9th
Ger OF city or district, have Ih'
right, when they require assistance, TO eiec
the government from which they will d.
mAnd 1t Chicago IL part Of the state .
Illinois, and, upon principles that we cal
uudsrstand, the rights and duties OF tn
state and the city are reciprocal. The OBJ
igation OF the inhabitAnts of the city o
OhieAgo, aud of all it's officers, to obey ID
!. laws of the state. and 60 submit to and en-
: force It's authority, is continual, and admi'
; &C no interruption and the duty OF I'll
y state to protect its people by the authorit
" Of is laws, and The agency of its Olicer
can neither cease nor be suspended. b.
it the people OF Chicago, OF its mayor, hav
she right upon occasions of emergency t
= call In the support of the army o! III
~ United 'StAes, and thereby exclude h
~ authority Of the state, how are the officer
- of the state to govern their conduct?
" On the lth day Of October, after Ii
militia Of the state had reached the cit
under the call OF the mayor, he decided
AZ call on the military forces Of the Unite
~ States, and to authorize Lieut. Gen. Sher
" dan to reject the aid Of the state. In h
20 brief note to Ii Ut. Gen Sheridan on Ii
n morning Of the day. he said "If, in yor
oe opinion the men are not wanted, plea.
e order their return" IL this right of els
" lion and exclusion BY the mayor exis.
~ what are the future duties of the author
J' ties of the state? If the condition Of On
go cago should again be such that its civ
he force is inadequate, and a call be mad
sf upon the governor for support, What wou
be his duty for the right of election c..
Ps not be Eloue in the city, or the mayor, al
~ even the commander Of the United Stat
V forces might conclude that be would not i
terfsre.
b. Ii seems 10 me, then, to be clear th
70 our free institutions rest upon tho prlnclF
! hat the power and duty OF the state TO pr
, serve order and maintain the laws within
: own boundaries are complete and Pertet
A. and are not subject to the control or lnie
N. ference of the authorities of the Unit
a. States, in any case wha:e'er, nor can
=, authorities of any city or comfy relieve
~ state from such du'es. | AN not torgett