Year: 1873

bic. The first law that ever was made
for the regulation of human conduct
is, in this respect, the mode upon
which every other has been framed /:
:. On the day thou eatest thereof thou
shall surely die. = And if Satan had
not managed to convince our first
parents that theipenalty would not be
inflicted, the fruit of the forbidden
tree would never have been tasted.


Can there be any reasonable doubt
that corruption reigns in the Legisla-
lures of all the States in Congress, for
the reason that it can be practiced with
perfect impunity? Can you or do you
expect anything else from a body of
men whom you surround with tempta-
tions of every kind to lure them into
crime at the same time that you tell
them they shall suffer nothing if they
commit it? Such a system cannot
and it will not come to good. You
might as well hope to gather grapes
from thorns or figs from thistles.


In deciding upon the nature of the
punishment which these great crimi-
mails ought to suffer, We must not con-
suit our blood but our judgment. Our
new laws must have no es post focfo
operation, and the penalties, though
certain, must be moderate even for fu-
ture offenses. No sentiment of ven
geanee must seek its qualification
here. If the honest citizens of the
State who have been so basely betray-
ed by these miscreants would obey the
impulse of their natural indignation,
and had Infinite power to work their
will upon them, they would set them
upon the remotest battlement of Gods
creation-far out upon the borders of
chaos and old highland then lash
than naked around the circumference
of the universe through all eternity
But human punishment can be inflict-
ed only for the purpose of defending
society; all beyond that must be left
in the hand of Divine justice. Ven
geance is mine, saith the Lord l will
repay"


We must look, therefore, to see by
what means we can prevent these
crimes, and confine ourself solely to
defensive measures. Whilew should
avoid that kind of mercy to the guilty
which is cruelty to the innocent, we
must not lay a hostile finger on the
most atrocious criminal except so far
as that may be necessary to reform
him or to deter others. To do even
that would not be either wise or just,
unless We accompany it by some regu-
lation which will relieve them from the
temptations to which they are now ex-
posed. Itwould not be fair to sur
round members of the Legislature
with snares set for their virtue and
then punish them when they lose it.
Let us weaken the motives to evil at
the same time that We strengthen those
which impel toward right. So may
the preponderance always be on the
proper side of the scale.


L will now eaumerate the measure
In which we propose to embody these
vital reforms. l hope the Convention
will believe as | do, that if. adopted
they may save us from the greatest of
time give calamities, at the same
time give no trouble or inconvenience
to any honest and upright man wheth-
er in or out of the Legislature.


[. .Confine the power of the Legis-
lature within limits as narrow as posi-
bic consistently with proper regula-
ton of our affairs. This cannot be
done to any great extent. A free peo-
pie must have legislation, and the
freer they are the more th4 need it,
for there can be no liberty without
law. The various opinions and diver
sifed interest of such people as ours,
multiply the laws that are necessary
for their government. After limiting
the power of the Legislature as much
as you can, you must still leave it in
possession of a great deal Indeed you
can scarcely diminish it in any percep-
tible degree; and what is left in its
hands is liable to be as frightfully
abused, as if none was taken away.


II. Prescribe certain forms of pro-
ceeding which will insure deliberatiOn
and publicity [ need not specify
these forms. You find them in the
report. They require a bill ro be re-
ported by committee, and then read
through and through, not once or
twice, but three times in each House;
the final vote to be taken by yeas and
nays, and recorded; each bill to have
but one object, and that expressed in
its title, every law to be preceded by
a preamble, expressing the reasons of
the Legislature for asserting to it; the
final passage of the law to be concur
red in by majority of members elect
ed to both Houses, and after passage,
the title of it to be publicly read
Immediately before it is signed by the
Speaker. These forms will do much
to prevent hasty and thoughtless legis-
lation, and make it much more difficult
than it is now for members to commit
frauds upon one another by clandes-
timely procuring the passage of bills
which a majority do not consent to.
But they will not throw any serious
impediment in the way of injurious
legislation to which majority of the
members can be induced to consent
The most iniquitous laws we are cursed
with have been passed without resort
to the tricks which these forms are in
tended to prevent. Corrupt combina-
tiOns are made every day which carry a
majority, with their eyes wide open,
through all frauds, and as Secretary
Jordan tells us, strong enough to
break down the Executive, armed
though it be with the veto. While,
therefore, these provisions are salutary
and desirable, they are not sufficient of
themselves to save us. | proceed to
show what more seems to be necessary.


III. Define bribery so as to include
all sorts of corruption. When men,
Der is to be corrupted, he is not in one
case out a hundred offered money in
the plain form of 4afd pro quo. Al
most never is a contract made in words
that the vote shall be sold for a certain
price paid down as promised. The
money is presented as gracious gift or
as testimonial of the donors affec-
tiOn-it is slipped into the pocket of
the member without a word, or it is
placed under his pillow where he finds
it. Most commonly the object isreach-
ed by wider cjrcum JeRdtJus. The
member is employed as attorney for
the party interested in his vote. and
the bribe comes in the shape Of 2 fec
for other services. Iti not at all un-
usual for members who are considered
respectable toilet themselves be bought
in this way. Still oftener the end is
accomplished by giving the member
an interest in the subject matter, whose
value is TO be effected by his vote.
The stock of a corporation is distribu-