DUKE UNIVERSITY LIBRARY = E EDITED BY CLARENCE WALWORTH ALVORD UNIVERSITY OF ILLINOIS ILLINOIS STATE, HISTORICAL LIBRARY BOARD OF TRUSTEES Ne Evarts BouteLtt GREENE, President CHARLES HENRY RAMMELKAMP, Vice-President Otto LEOPOLD ScHMIDT, Secretary Jessie Parmer WezeER, Librarian ADVISORY COMMISSION Evarts BouTELL GREENE WILLIAM Epwarp Dopp _ James ALTON JAMES ANDREW CUNNINGHAM McLAUGHLIN _ Witiiam Aucustus MEESE 2 EDWARD CARLETON PAGE CHARLES HENRY RAMMELKAMP CLARENCE WALWORTH ALVORD, ex officio STITUTIONAL SERIES VOLUME II ust ee ‘CONSTITUTIONAL DEBATES _ ' EDITED WITH INTRODUCTION AND NOTES BY ARTHUR CHARLES COLE UNIVERSITY OF ILLINoIs ; ’ parece BY THE TRUSTEES OF THE ; “ILLINOIS STATE HISTORICAL ee SPRINGFIELD, ILLINOIS an F Igt 9 CopyricuT, 1919 be Hee IS 2 Tue Iniinors State Hisrorica 6} + ILLINOIS PRINTING COMPANY _ | DANVILLE, ILLINOIS © SAB tes ucla i Pua Las ci a PREFACE ; The addition of seventy-two years to Illinois history, and a fifth attempt to remodel her fundamental law, _ have made apparent the value of publishing the debates of the Constitutional Convention of 1847. Working in an atmosphere of “economy, retrenchment, and re- form,” the delegated representatives of the authority of this Commonwealth in 1847 decided to forego an official edition of debates and content themselves with ae versions. Many were aware of the service Which a collection of debates would have rendered to os reform; they were not so alive to their obliga- _ tions to posterity and to their successors in constitu- tional amendment in Illinois. ____ The present volume is the result of an effort to re- ~ complete single account available was found in the _ tri-weekly edition of the [//inois State Register; strangely e enough, however, the weekly edition often contained more detailed accounts of certain addresses and debates. nor were they always able to hear what was said. . The _ Regisier, too, was not always ready to devote space to the utterances of party opponents. It left this obliga- tion to its rival, the Sangamo Fournal. No other papers in Illinois attempted to present a running record of the debates. Newspaper correspondents were at the con- vention in force but at best they were satisfied with ; ill 4 85999 construct the records of this convention. The most The reporters were not always prompt in their arrival ~ iv ILLINOIS HISTORICAL COLLECTIONS making daily memoranda of the topics discussed, of the trend of the debates, and of the current political gossip. The version presented in this volume is the Register tri-weekly account supplemented in important omis- sions by items from the weekly edition and from the Sangamo Fournal. The preparation of this volume has been made possible by the codperation of Mrs. Jessie Palmer Weber of the Illinois State Historical Library and of Dr. W. F. Dodd of the Illinois Legislative Reference Bureau. The newspaper files.used in the text were those of the Illinois State Historical Library. They have been supple- mented for editorial work by the files of the Chicago Historical Society, of the Newberry Library, Chicago, of the Library of Congress, and of the Illinois Historical Survey. The index has been prepared for the practical use of students of political science by Miss Ethel Gwinn, working under the direction of Professor John A. Fairlie. I am especially indebted to Miss Nellie C. ~., , Armstrong, who, in the capacity of editorial assistant, ~\.*... bls shown the greatest zeal and care in collating and | proof-reading. at ARTHUR C. CoLE Ursana, ILiinots January, 1920 CONTENTS eMC ULON IMAM re Al rap Laila ul ire Sekt gh" Ged a Monpay, June 7, 1847 Ree Paha Nia Na PMueC ate Barly Nn het The convention assembled; credentials of members presented; president, secretary, sergeant-at-arms elected; printing of the debates discussed; “economy, retrenchment and reform’’. REECE AY, PONE O...0 OLN G hh lN Employment of additional officers discussed; authority of conven- tion to limit pay of members and officers; report of Committee on Rules adopted. hee: SMELIN NSD Aves MUNE OH iP aaron ohn Wall seta ela Legislative powers of the convention discussed; employment of _ additional officers considered; pay of members of convention; ad- _ ditional officers elected. Beelewespsy Jone to) ec ee eh oe es _ Length of daily sessions decided upon; presentation of various _ resolutions pertaining to organization. Reconsideration of the rules of the convention; debate on advisability of taking up resolutions on three great departments of _ government; resolutions discussed in Committee of the Whole. PURE LONDAY .) PUNE IA) ty Wem a a irla ah lurkers Ck tuts Standing committees announced; discussion as to form of procedure in “the amendment, revision or alteration”’ of the constitution; pres- entation of resolutions on subjects of banking, executive authority, state borrowing power; discussion as to advisability of printing debates. MM PeESDAY PUNE Te ol Peo Nh eas " Presentation of resolutions on subjects of judiciary, state borrowing power, veto power, manner of elections, term and salary of governor and members of General Assembly; discussion on bank question. Vv 25'7999 XV du132 42 45 65 82 vi CONTENTS VIII... WEDNESDAY, | JUNE 16.0) (005... 1 Debate on subject of poll tax as remedy for state debt. IX... Tuaurspay, JUNE 17) 20. 6) 3, Bank question debated; presentation of “equal rights” petition; abolition of county commissioners’ court discussed; presentation of resolutions on subjects of lotteries, divorces, abolishing office of probate justice and county recorder, banking. i X) Faipay, JUNE 18 (5.00 00.0 Resolution prohibiting formation of new counties less than four hundred square miles in area; debate on resolution; debate on question of limiting numbers of the General Assembly. XI. Sarurpay) JUNE 19 8.0) 3. Debate on numbers of General Assembly; on county representative system; “economy, retrenchment and reform.”’ XII.. Monpay, JUNE 20 50 0 3) Debate on county representative system; on representation based on population; presentation of “equal rights’’ petition. XII. | Turespay, JUNE 22/6). es) Appointment of committee to apportion state into senatorial and representative districts; presentation of resolutions on courts of chan- cery and common law; discussion on election of secretary; debate on subject of banks; presentation of resolution concerning suffrage. XIV. WebneEspay, JUNE 23°. 0620... Presentation of resolutions concerning education; debate on inyest- ment of school funds in state bonds; discussion on subject of revenue. XV. Tuurspay, JuNE 24: . 4.) 3). 7 Presentation of resolutions from Committee on Organization of Departments and Officers connected with the Executive Department; on taxation of government lands; on prohibition of dueling; rate of maximum taxation; limitation of power of legislature; agricultural resources of state; pay of members of convention; amendments to new constitution; prohibition of immigration of free negroes. MAVEN ORRIBAY, (UNE OG aie cn ene Immigration of free negroes; suffrage rights of citizens of other states; debate on subject of negro rights. itele) 1m fo) 127 153 171 190 210 CONTENTS vii } BRT SATURDAY JUNE QO cal Vilar gle etd ae bes 8) 2289 Petition prohibiting immigration of negroes to and emancipation of negroes in state; debate on subject of negro rights; personal difficulties in Committee on Education. teu MI GND AM MUON 2S: fic y's, Veh Grek nk Nie uk wh LOT Resolutions concerning banking; debate on bank question. Pe Ana Ty PUNE QQNy hy Wey lwiian tial lal Gao Mele sy eine LOR Debate on the subject of banks; question of absolute or temporary prohibition; liability of directors and stockholders. REPT EDNESDAY, JUNE (20. 40/6 04i (cf iyc le) a ose bees 284 Consideration of report of Committee on the Legislative Depart- ment; debate on length and frequency of legislative sessions. BOTS AN UY) Teo acts vow td. te ascii A Be Presentation of resolutions; debate on length and frequency of Rha, legislative sessions, continued; on qualifications of representatives and senators; on numbers of representatives and senators. PME RT AY ULES vig cots vier) mila cate sme ie ne whats ZOO Discussion concerning pay of convention members; revision of com- mittee report, continued; time of meeting of legislature; officers of two houses and quorum; passage of bills. BRC NVEONDAYS POLY Biotic tau) WN NEMA ee atkins aoe ) Report of Committee on the Legislative Department discussed; pay ; of members of legislature; eligibility to office; suits against the state; sale of lands; special legislation. RUE ERA PUY Oia. We imide See havooan GN Moe Gee Reports from Committee on Incorporations presented; from Com- mittee on the Division of the State into Counties; report of Committee on the Legislative Department discussed; debate on section 31 of the 4 report. DP NMED NE SEAN: (PULY A ess Ce a ue aii oe. oe Report of Committee on the Legislative Department discussed; discussion on special legislation; on banks; question of representative bi apportionment. vill CONTENTS XXVI. Tuurspay, Jury 8... . s.r Newspaper misrepresentation of convention delegates; limitation of length and frequency of speeches of delegates; resolutions of sympathy to the families of Hardin, Zabriskie, and Houghton; eulogy; considera- tion of report of Committee on the Legislative Department; question of representation; state debt. XXVIII... Frmay, JULY 9°22 Oo So Report of Committee on the Legislative Department; supplies, printing, etc., for the legislature; life, liberty, and property guaranteed; report of Committee on the Executive Department; governor’s term of office, date of election, eligibility to office, age requirement; debate on Native Americanism. XXVIII. Saturpay, JULY Io .. © .°). > Report of Committee on the Executive Department; debate con- cerning governor’s salary. XXIX. Mownpay, Jury 12.5.) 2 0) 4) 2 Report of Committee on the Executive Department; governor’s salary; resolution concerning Mr. Hale’s denunciation of the Mexican War. XXX. Tuurspay, Jury 15°. 00.) 9)... 2 Report of Committee on the Executive Department; pardoning power; special sessions of legislature. XXXI..) Fripay, Jury 16.20. .),, Adoption of additional rules of procedure; report of Committee on the Executive Department; special sessions of legislature; duties of lieutenant-governor; signing of bills; veto power. XXX SATURDAY, JULY 170.207) se. Veto power; appointment or election of secretary of state; compen- sation of secretary of state. XXXII. Monpay, Jury tg! 035 ooo Resolutions on the deaths of Lieutenants Fletcher, Robbins, and Ferguson; report of Committee on the Judiciary; classes of courts, regulation by constitution or legislature; jurisdiction of various courts; personnel of supreme court. 338 356 375 383 30% 395 424 446 CONTENTS Ni: Tuespay, JuLy 20 Piety Ne se dic Resolutions concerning state debt; discontinuance of practice of ew gute Gore a: oe ect AS ani pf Rica of Committee on the Judiciary; dleneen of judges; district $ system or general; term of judges. _XXXVL ‘Tuurspay, UGE WT OE rare rent ume RCE ys fo he Vy: Discussion concerning treatment of clergymen in the convention; _ report of Committee on the Judiciary; number of districts; appoint- ment or election of judges. eyit.; Wemay, Jury 23. 0). eg SR _ Report of Committee on the Judiciary; number of districts; supreme court sessions; reference of report to a special committee; report of - Committee on the Organization of Departments; auditor of public accounts; state treasurer; report of Committee on Elections and Right of Suffrage; qualifications for right of suffrage. CX Il. Mownpay, Jury 26 . Mark hat foe was Sik Bee y ss Resolution concerning restoration of practice of opening convention oor Sessions with prayer; discussion as to propriety of printing various propositions; discussion on the subject of a new carpet. DRM ReSEA GE EUTY AF ct. ON Nek tee ahd - Right of suffrage; effect on immigration; right of state to control suffrage; Native Americanism. BRVRMRLESDAW POUT IN tooo) Ra cen) ie Ae poche of suffrage; lengthy debate on extension of suffrage to foreign- Bebe RAY. PUTO OS Pe. ue pes OS Right of suffrage; debate continued; date of cleticnes oe report of ae on the Militia. XLII. PREYS PUTWINEL (1 Dh gu miet hits On Set rood! Whe Report of Committee on Revenue; debate on subject of poll = on its application to foreigners. 469 485 498 ag 524 aa 581 615 x CONTENTS XLITI.. Sarurpay; Jury 31.0). 2. Discussion concerning date of adjournment of convention; report of Committee on the Revenue; taxation of “corporations and govern- ments;” minimum land valuation; exemption from taxation. XLIV. Mownpay, Aucust2... . 2). ee Report of Committee on the Revenue; exemptions from taxation; sale of lands for taxation. XLV. .\Turspay, AUGUST 3... |). 5) Report of Committee on Incorporations; debate on subject of bank- ing; liability of corporation members for corporation debts. XLVI... Wepnespay, AucuUsT 4. . . ./} a Continuation of debate on the bank question; absolute prohibition or regulated system of banking; submission of question separately to people. XLVIIJ. THurspay, Aucust 5... . ». (ee Continuation of debate on the bank question; responsibility of cor- poration members for corporation debts and liabilities. XLVIII. Fripay,Aucust6. :... . > 3) See Report of Committee on the Legislative Department, as amended in committee of the whole. XLIX. Sarurpay, Aucust 7... . . .)) 32 Resolutions of sympathy upon the death of Captain Franklin Niles; report of Committee on the Legislative Department; eligibility of state officers to other offices; impeachment; special legislation; ques- tion of bank, L. ‘Monvay, Aucust 9. . 1.)..2.° 2), 2 Bank question; limitation upon legislative power; separate sub- mission of bank question to people; impeachment; eligibility to seats in the General Assembly; oath of office; granting of divorces; suits against the state; lotteries; sale of lands belonging to individuals. LI. Tugspay, Aucust 10%.) 24)... hee Exemption of freehold from execution; division of state into repre- sentative and senatorial districts; personal liberty rights; census; apportionment of senators and representatives; state appropriations; monopolies. 628 636 640 658 674 7o1 7°7 722 CONTENTS xi De WIERNESDAY, AUGUSTAET ) isc) We sb Stead SRY a oa FBO a Apportionment of representatives; provisions concerning state | printing, binding, fuel, etc.; sale of land for taxes; amendment of bank charter; review of report of Committee on the Executive Department. é SE PAORSDAW AUGUST L2G ey ae tae UN wt 4 Consideration of report of Committee on the Executive Department; report of Committee on the Judiciary; mode of selecting supreme court ha judges; classes of courts; ‘personnel of supreme court. Demme, AUGUST 13.) eee a Mode of selecting judges; rotation of terms of office; jurisdiction; place of sessions of supreme court; county courts; county justices. RR SATURDAY, AUGUST Ta) oi). Me en Bh la he gh 97 County courts and justices; mode of selecting. justices; court of probate; quarterly terms of probate court; jurisdiction; duties of county judge; appointment of committee to provide for submission of constitution to people. ee me ey ie all BE VIONDAY AUGUST IG) 284 cd lets ite OL re Re TOS County courts; clerk of county courts; authority of legislature to reorganize county court system; compensation of judges; justices of the peace. y Pe RSH AN OM OGUST Deyo ge aie i ean will Ame OT Jurisdiction of justice of peace; attorney-general; prosecuting attor- ‘ ney; county prosecuting attorney; fees of attorneys; clerk of circuit court; clerk of supreme court; commissioning of judicial officers by governor; form of judicial documents. Meni WEDNESDAY, AUGUST 19.3030 Se EO 800 Division of state into judicial circuits; cost of system; terms of court in each circuit; salary of judges; eligibility to other offices; requirements for office; length of term; prohibition of banks; report of Committee on Commons; poll tax. LEG RSDAY AMGUST IG) a fy $e Pee a ee BED Division of state into representative and senatorial districts; revenue; poll tax; sale of lands for taxes; valuation of property. xil CONTENTS LX. Fripay, AucusT 20... .. .. . 32) en Formation of new counties; report of Committee on Law Reform; report of Committee on Townships. LXI. Satrurpay, AuGUST21I. . . . . | Printing of constitution in German and Norwegian; time of adjourn- ment of convention; pay of members; Bill of Rights; right of abolish- ng the constitution. LXII. Mownpay, AucusT 23 . .2 <> 4. ane Bill of Rights; religious freedom; freedom of election; civil and political rights of negroes; trial by jury; search and seizure; necessity for indictment by grand jury; bail; penalties; imprisonment for debt; ex post facto laws. LXIII. Tuespay, Aucust 24. .|. 3.) 2a Prohibition of dueling; rights of negroes; right of peaceable assem- bly; mode of levying tax; right to reform government; freedom of press; division of senatorial and representative districts. LXIV. Wepnespay, Aucus¥25 ¢ 9... |.) Senatorial and representative districts; report of Committee on Finance; three mill tax; three grand judicial circuits; appeal from circuit courts; report of Committee on Law Reform; codification of aws. LXV. Tuurspay, Aucusr 26 . .-.-. #2) Adoption of new convention rules; report of Committee on Educa- tion; duties of superintendent of schools; educational needs of state. LXVI. FEripay, Aucust 27. }. ) ip... Education; mode of selecting superintendent of schools; govern- ment money for schools; report of Committee on Revision; amend- ment of constitution; question of finance. LXVII. Sarurpay, Aucust 28... 29. . 4) Collection of taxes; state debt; printing of constitution; distribution of constitution among foreign population. LXVITI.. Monpvay, Aucust 30 >.>. 45 4) Time of elections; copies of the Fournal of the Convention to each delegate. 821 839 854 869 879 897 922 93% es Sahn of constitution; provisions for sig t of conv ; ‘i 4 e ¥ + i a : . ein 2 \ 944 ing by absent members; articles and sections; subject index. iN } - 4 , f 1. Ue fe i = ‘ah $f « \" b ~ mt % ~ ¥ h ~ 1 Sy nN om t 5 S } ¢ 5 . 4 + .- i D Aa ; t a) ‘ ‘ G ‘ x Mie U a ’ | ; } > iE \ \ v i 4 RY — ee INTRODUCTION A little over two decades of development under its original charter of statehood brought Illinois to the point where it chafed at the restraints of its constitu- tional swaddling clothes. The movement for a new constitution, therefore, received definite recognition in the legislative session of 1840-1841 when a joint resolu- tion to refer the question of a Constitutional Conven- tion to the popular vote received more than the two- thirds vote required by the fundamental law. The Belleville Advocate soon listed seventeen reasons for a convention and in successive issues proceeded to explain them to its readers, who seem to have responded favorably to the program set forth.t Most of the political spokesmen of the day, however, hesitated to place specific reasons for a convention before the voters with the result that the election of August 1, 1842, revealed a serious indifference on the part of the elector- ate and the proposition failed to secure the required majority. Again in 1845 the General Assembly moved to submit the proposition to the electorate and this time the convention backers carried the day by a vote of $7,806 to 18,568.83 There followed a fight between northern Illinois and Egypt as to whether the census of 1840 or the figures of 1845 should be used as a basis 1 Belleville Advocate, October 21, December 2, 9, 1841. *'The figures in the Secretary of State’s Records of Election Returns, 1:364-365, are too incomplete for citation. 3Records of Election Returns, 1:476-477. The gubernatorial contest of the same year drew out 100,847 votes. Both elections were held on August 3, 1846. XV Xvi ILLINOIS HISTORICAL COLLECTIONS for apportionment. In this skirmish the northern advocates of the 1845 basis were successful in securing for their section the advantage of its rapid growth during the forties. On April 19, 1847, the election of delegates took place. By this time the party leaders were trying to define a strategy which would enable them to control the situation. The Democrats became ‘more and more vocal on the importance of an anti-bank provision, of popular election of state officials, including even supreme court judges, of an effective veto power, and of insuring the infusion of pure democratic princi- ples into the fundamental law. The Whigs openly accepted the popular demand for economy and reform; inwardly they nursed hopes of excluding foreigners from suffrage by a citizenship qualification and of inserting a clause permitting some sort of a banking system. The Democrats hauled out the obligation of party regularity while the Whigs concealed their ambitions in a subtle insinuating appeal to a “no — party”’ stand.* When at length the results of the election were tabulated it was found that while the Democrats had elected a safe majority with 91 out of the 162 delegates, the Whigs were represented in sufficient force to occasion a grave element of uncer- tainty in the work of the convention. The Constitutional Convention which assembled at Springfield, June 7, 1847, included only 7 native Illi- noisians. ‘There were 26 New Englanders, 38 from the middle states, 35 from the South Atlantic seaboard, 41 from Kentucky and Tennessee, and 10 from Ohio 4See Campbell’s complaint against this “no party” trick, post, 480: “He scorned such tricks, preferring the bold, manly course of a whig like Harry of the West, who never said ‘no party.’”” See also [/linois State Register, April 2. INTRODUCTION Xvii and Indiana.’ Here was eloquent testimony to the westward: course of empire. Of the delegates, the farmers with 75 were most numerous, but there were s4 lawyers, besides 12 physicians, 9 merchants, § mechanics, and 7 others. It was a body of young men nearer in age to the two twenty-six-year-old delegates than the sage of sixty-six. Several members brought to the convention valued experiences garnered in long and active political careers. The most conspicuous of these was Zadoc Casey, of Mt. Vernon, whose public services had already included a term as lieutenant-governor, and five terms in Con- gress. At the age of fifty-one, however, he seems to have lost much of his vigor of action, so that the quiet influence of his presence was greater than that of his utterances before the convention; there was complaint, indeed, that instead of participating in the debates and giving the delegates the benefit of his age and experience, he offered “nothing but continual croaking, adjourn! adjourn.”’6 The group of more active participants in the con- vention debates included delegates in various stages of their public careers. William R. Archer, a rising young lawyer from Pittsfield, displayed qualities of leadership which explain his later political activity. Albert G. ‘Caldwell, a Shawneetown attorney, Charles H. Con- ‘stable, an influential Whig leader and state senator, were frequently on the floor of the convention. Thomp- son Campbell of Galena, who had for four years rendered capable service as secretary of state, was an 5 Five of foreign birth included three from Scotland and one each from Germany iy Ireland. See list of members; cf. Alton Telegraph and Democratic Review, uly 9. 6See post, 843. xviii ILLINOIS HISTORICAL COLLECTIONS — energetic and eloquent spokesman of the Democratic faith. John Dement, the Dixon delegate, by his activity qualified for his later services in the constitu- tional conventions of 1862, and 1869-1870. Ninian W. Edwards, an agressive veteran Whig legislator from Springfield, David L. Gregg, an influential Chicagoan of opposite stripe, Samuel S. Hayes, the twenty-six- year-old delegate from Carmi, and Lincoln B. Knowlton, the eloquent Peoria lawyer, were frequently on the floor. Samuel D. Lockwood of Jacksonville, and Stephen T, Logan of Springfield, two staunch conserva- tive Whig veterans, honored the convention with the experiences of their long political careers. The young lawyer from Carlinville, John M. Palmer, at this convention laid the foundations for the brilliant career which lay ahead ofhim. Judge Walter B. Scates of Mt. Vernon, was one of the most active influences in the convention. James W. Singleton of Mt. Sterling, Archibald Williams of Quincy, and David M. Woodson of Carrollton, aggressively upheld the Whig cause against the attacks of various capable Democratic opponents, among whom were Francis C. Sherman of Chicago, and Hezekiah M. Wead, a lawyer from Lewistown.’ ‘ The organization of the convention by the Demo- — cratic majority with Newton Cloud of Waverly as presiding officer, removed the potent influence of this preacher-farmer-legislator from the active counsels of the convention. The Whigs did not place a party candidate in the field but aided in the election of Cloud 7 During the early days of the session a contemporary critic complained of an unwarrantable propensity for making speeches among “the unfledged politicians, and embryo statesmen.” Alton Telegraph and Democratic Review, June 25. INTRODUCTION xix over Zadoc Casey.2 Henry W. Moore, a Gallatin County lawyer, was engaged to act as secretary and John A. Wilson as sergeant-at-arms. The convention was now ready to proceed. The - Sangamon County Whig delegates, Edwards and Logan, proposed, on the basis of economy, to ignore the legis- lative arrangement for the election of a printer with a fixed compensation and to let the work to the lowest responsible and capable bidder. They also opposed the election of assistant secretaries and of an assistant to the sergeant-at-arms. The Whig keynote, “economy, re- trenchment, and reform,” had already been sounded by Benjamin Bond of Carlyle, in a successful appeal to the convention to limit the number and pay of officers of the convention. The Democrats, unwilling to lose the fruits of their victory at the polls, challenged such economy and fought to rescind the Bond resolution; they claimed that all matters pertaining to the number ‘and pay of officers had been settled in the legislative act which ordered the convention. They challenged the brand of economy that involved days of debate and a protracted session in order to save a few salary items, At length by sheer weight of numbers the Democrats won out and later elected the additional officers. The four days of debate on these preliminary questions seem not to have been entirely wasted. The discussion on economy developed into a consideration of the relative powers of the legislative authority of the state and of the convention; and while certain Democratic _ members regarded the Whig economy stand as involv- 8The Democratic caucus was unable to agree upon a candidate. Casey was’ brought forward as an anti-bank man and Dement withdrew in his favor; Cloud was supported by the advocates of a regulated banking system. Chicago Democrat, June 15, 22. 4 oi 2 glo Sp OR cag RS A an Meee Oe hoe * is Ae » tap i Lee 1a SN ; YY, ILLINOIS HISTORICAL CO, ing a waste of time ‘ ‘spent in demagos speeches for Buncome,’” others, like ‘ Daviess, agreed with their opponents tha was worth while because of its value 1 " questions and enabling members “to arr principles on which they should act.’ The sixth day of the convention comple defined. The original consdtation was to b article by article and section by section aia ing propositions were to be referred for cons "tO appropriate committees. On the fourth « day son had presented a set of resolutions def ! authority of the three departments of sta ment; this proved to be an attempt, on 1 least certain Whigs, to steal a march on theive oppon : and after an extended debate the formas ord yf pr dure was agreed upon. On June 14, the question of the advi printing the debates was raised. _Lanphier 2 eS comprehensive, reflected the lack of fort to present an accurate and complete acco Register left to its rival, the Sangamo F in terms of historical accuracy. But witile the ree i Gut °See post, 30. ie See post, 38; cf. 3I, : : INTRODUCTION xxi brought out a substantial agreement that “the pub- lished reports of the speeches of members of this body, as found in the newspapers of this city, are very inac- curate and faulty,’ considerations of economy bore down the proposition for an official version; and the suggestion that the members personally contribute to the expenses of publishing the debates was never formally considered. The convention of 1847 performed its task in a day - when party allegiance weighed heavily upon the voter -and his representative. The delegates in this case had been chosen primarily upon party lines altered to some extent by complex sectionalistic forces. The most fundamental force was the cleavage between the Democratic apostles of human rights and Whig cham- pionship of the rights of property. The Whigs trembled before the menace of ‘‘radicalism,”’ of “‘Locofocoism;”’ the Democrats were kept in a state of terror by the incubus of ““bankism”’ and its companion bogies. But sectional influences at times not only allayed these fears but even produced Whig “‘radicals” and Democratic “bankites.”’ The Whig delegates went to the convention with a strong conviction that it was their duty to “dull the edge of radicalism,’ to keep the new constitution from being made the “plaything of Locofocoism.”” From the very start radicalism seemed to show “‘its cloven foot in the proceedings of the dominant party,” but the See post, 75. Members frequently found it eecessary to correct the news- paper accounts. See note 3, page 20, note 9, page 48, note 17, page 89. As influential a delegate as Scates commented on omissions as follows: “‘He would also state that there was no fear of his speeches being published; the reporters never reported him. He had made no arrangements with them for that purpose.” See POSty 792. 2 Chicago Daily Fournal, April 22; cf. Belleville Advocate, June 3. xxii ILLINOIS HISTORICAL COLLECTIONS Whigs were pleasantly surprised with the conservatism that revealed itself in a majority of the body. On many points, too, Whigs could not but yield to the democratic trend of the age. But on questions that permitted a party alignment they rallied their forces almost to a man." The supreme test of strength between the conven- tion parties came over the question of bank or no bank. — The Democrats, who had for years been insisting that bank charters were “ religion,”® who had sought to arouse the people against efforts to renew “‘the miserable rag system by which they have already lost so much,’ had raised this issue in the convention election. The Whigs, fearful of the “popular clamor’’ against banks, had evaded the question except in their own strongholds.” The election revealed not only a remarkable showing for the Whig candidates but even the election of a considerable group of “bank Democrats.”’ ‘The tendency of leading Democratic spokesmen to turn the “bank Democrats” over to the opposition,® no doubt consolidated the pro-bank party and made it a conservative force by which other Whig propositions were carried. In organizing the convention. the bank party had supported Newton Cloud, as favorable to banks under Chicago Daily Fournal, June 14; Alton Telegraph and Democratic Review, June 11, 25. The Telegraph actually forecast a constitution “that will be satis- factory to the people, and beneficial to the State.” f “Illinois State Register, July 31, August 6; Shawneetown Democrat, in Chicago Democrat, August 24. 15 Chicago Democrat, January 26, 1846. 6 Foliet Democrat, in ibid., July 18, 1846. " Chicago Dae ¥ournal, "March 18; Sangamo Fournal, April 29; cf. Illinois State Register, July 1. 8“ We freely turn over to their aid every bank democrat in the State (if there is such a white blackbird).” Chicago Democrat, April 6; cf. idid., April 13. inconsistent with democracy or oY i a ae ee eS yi Se at te) te wh Se ums yy) ee x . } Vee ah INTRODUCTION Xxill proper restrictions, over Casey, a straight-out anti-bank man. -So the bank issue was in the foreground from the very start. Lines were drawn between those in favor of a complete prohibition of banks and those willing to accept a properly safeguarded general banking system.” On June 14, in spite of the fact that the convention had voted a regular order of procedure which made such action premature, anti-bank resolutions were intro- duced by Markley and Pratt and the rules suspended to permit their reference. From this time the bank question was almost daily before the convention, consuming a large share of its time and efforts. On fourteen days of the session it was the direct subject of debate and was almost as frequently linked with other questions that came up. On June 15, Hurlbut brought up a resolution in favor of the liberal New York system of banking. Opportunity was then afforded to take test votes which resulted in a rejection of both the New York system and the prohibition proposition.” Only fifty-two Democrats and six Whigs from southern counties lined up for complete restriction; it was as much a case of northern Illinois versus Egypt as Whig versus Democrat. On June 22, Gregg of Cook County introduced resolutions to inquire into the expediency of a highly restrictive general banking law. The fight then centered on the question of absolute prohibition or a regulated system. The committee on incorpora- tions finally brought in a majority report for restriction 19 According to an early canvass only one Whig, Davis of Bond, was for prohi- bition while two Democratic members from Will, two from Morgan, two from Du Page, one from Cook, and probably others were opposed to absolute prohibition. Chicago Daily Fournal, June 21; cf. Illinois State Register, June 19, 24. T/linots State Register, Jane 24, 25. Xxiv ILLINOIS HISTORICAL COLLECTIONS and a minority report for prohibition.» In the first half of August this question was contested to a decision. The final result was an article prohibiting a state bank, but permitting the legislature to enact laws authorizing corporations or associations with banking powers provided that they should not go into effect until sub- mitted to the popular vote. The Whigs made their first offensive move in pro- posing a poll taxon June 16. They defended it on the basis that every class, and not merely the property holders, should bear a share of the public burdens. Democratic spokesmen exploded the assumption that non-property-holders did not contribute to the support of the state and condemned the tax as wrong in princi- ple. After a long discussion the poll tax proposition was carried, 108 to 49, leaving the levy of the tax to the discretion of the legislature. The Democratic support of this proposition came largely from southern Illinois.” The Democrats had always charged their opponents with nativism; the debates at the convention of 1847 showed that this charge was not without a foundation of truth. This was first suggested in the proposal that “no person except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of Governor;” the Whigs generally took a stand in favor of this provision or of Logan’s amendment requiring a fourteen- year residence period of naturalized citizens. The. party line was even more sharply defined later when the *1 Harvey presented the majority report and Kinney the minority. Both were Democrats. See post, 312-315. 22See Chicago Democrat, June 22. Wead and Farwell objected to this special burden upon residents of the state while non-residents “by whom the greater part of the land in our state was owned, paid none of it.” See post, 622, 624. INTRODUCTION XXV suffrage question came up and the Whigs insisted upon a citizenship qualification for all who should in the future immigrate to Illinois. The Democrats generally defended the right of foreigners to a voice in elections but defection from their ranks enabled the Whigs to carry their point for what they considered a true Americanism.” In the matter of the veto power the Whigs won another victory. The Democrats had come to the convention with a strong determination to provide for an effective gubernatorial veto sufficiently guarded from abuse. In general they preferred that a veto should be overriden by nothing short of a two-thirds vote. The Democratic leaders eloquently expounded their position and cracked the whip to bring their followers into line; but when the constitution took shape, the Whigs rejoiced in an arrangement which permitted the same majority which should have passed a law in the first instance, to enact it over the guber- natorial veto. Most Whigs, as well as Democrats, had yielded to the democratic tendency toward a popular election of state officials, toward even an elective judiciary. Largely for political reasons, which received strong sectional reinforcement, they advocated the proposition of having the supreme court consist of three judges elected by the three respective sections of the state. The Democrats favored the general ticket system of election which would enable them to control the entire body by capitalizing their numerical superiority. After a long verbal battle it was agreed that the state 3 Tllinois State Register, July 27, 29, August 26; Fournal of the Convention, 206, 207. XXV1 ILLINOIS HISTORICAL COLLECTIONS should be divided into three grand divisions and the qualified electors of each division should elect one of the judges for a period of nine years, with the proviso that after the first election the general assembly might have the power “to provide by law for their election by the whole state, or by divisions,” as it might deem expedient. This was clearly a compromise arrange- ment. A lively skirmish took place over negro immigration into the state. A little corporal’s guard of anti-slavery men went to the convention determined not only to incorporate a slavery prohibition into the constitution but also to remove any legal basis for acknowledging its existence inother states. The Covenanters of Perry County and citizens of Randolph County encouraged them with petitions praying the abolition of all civil and political distinctions on account of color and the motion by Whitney of Boone County to strike out ““white”’ in the resolution defining the franchise arrayed the seven champions of negro rights against the 137 other delegates. Next, Bond of Clinton County brought in a resolu- tion in favor of an article prohibiting the immigration of free negroes into the state. This precipitated a — heated debate with dramatic scenes. Again party lines — broke down and northern delegates wrestled against the power of southern and central Illinois» The committee on the Bill of Rights eventually brought in a section instructing the legislature to enact laws to prohibit negro immigration. It was later decided, 24See post, 105 ff., 170 ff. 25Qn a test vote of eighty-seven to fifty-six, only eleven Democrats voted in the negative. Only five votes came from delegates representing counties south of Morgan County. ‘Fournal of the Convention, 455-456. INTRODUCTION XXvil however, to make an independent article of the negro immigration restriction with provision for separate ratification. A numerous minority tried to secure the adoption of clauses prohibiting the extension of suffrage to negroes and mulattoes, rendering them ineligible to hold office, and prohibiting the intermarriage of blacks and whites. It was pointed out, however, that this was an implied admission of their possession of such rights as citizens of Illinois and of the United States and such clauses were accordingly omitted from the consti- tution. : While the Illinois convention of 1847 worked at its tasks, war was raging between the United States and the Mexican republic to the south. Abraham Lincoln in behalf of Illinois Whiggery, claimed that the war had been “unnecessarily and unconstitutionally commenced by the President.”’ On July 11, 1847, the Reverend Albert Hale, pastor of the Second Presbyterian Church of Springfield, delivered two sermons in which he boldly proclaimed the injustice of the national cause and its demoralizing effect upon the nation. In the course of his remarks he was said to have stated that the volun- teer, who was just then being welcomed back as a hero, had been transformed by the war into a “moral pest to society.’’ Mr. Hale was one of the local clergymen who had officiated in the convention at the opening prayers. On July 12, Akin of Franklin county denounced Hale’s preaching before the convention and proposed that the clergyman “‘be excused from holding prayers in this convention for the future.” The convention, however, 6 See post, 387; Illinois State Register, July 22. xxviii ILLINOIS HISTORICAL COLLECTIONS by an overwhelming vote adopted a motion to table Akin’s resolution. A long debate followed: the resolu- tion was renewed, but John M. Palmer, a pro-war - Democrat, moved a substitute declaring the principles of freedom of worship and freedom of speech and dis- claiming “all censorship over the pulpit, or the opinions expressed therefrom, inasmuch as such censorship is in violation of the rights of the Rev. gentleman.”” The resolution virtually sustaining Mr. Hale was barely tabled (60-54), but the general declaration in favor of the principles involved was upheld (9-102). The convention then adjourned in order to proceed to Jacksonville to participate in the ceremonies attendant upon the funeral of Colonel Hardin, the Illinois war ~ hero, in whose memory the delegates were, according to unanimous agreement, wearing crépe arm bands for a period of thirty days. When Mr. Hale next appeared before the convention to offer prayer he was “grossly insulted and menaced with bodily injury by a member of the convention.” On July 20, therefore, it was agreed that “whereas, it is alike due to the Convention and the ministers that we should not invite them to perform that duty unless - we could secure them against such indignities,” the custom of opening prayers should be discontinued, not “from any dissatisfaction with the manner in which they [the clergymen] have discharged their sacred duty, © but solely from an unwillingness to subject them to a repetition of such indignities.” On July 22, Hale’s assailant was given a further rebuke in a debate over a resolution concerning the 27 Fournal of the Convention, 168. INTRODUCTION XX1X election of a chaplain, which was defeated because it might have been interpreted as the result of a desire “to get rid of our chaplains and to procure others.” On July 26 the resolution of July 20 was rescinded and the president was requested to provide for the opening of the morning session with prayer. By the middle of August the Whigs, with Demo- cratic assistance, had carried every point upon which they had cared to make a stand. Democratic critics of orthodox stripe were completely disgusted. The correspondent of the Chicago Democrat suggested that the convention ought to be turned out “‘a /a Cromwell:” “The truth is, the convention is too horribly conserva- tive to be of much use. Liberal principles stand no chance whatever. ... True Republicanism is daily spurned and trampled under foot.’ There was also fear that the plan of apportionment for the senate endangered Democratic control of that body, if it did not actually turn it over to the Whigs. After the convention had finished its work, zealous Democratic champions became more and more con- vinced that the new constitution was ‘‘a mongrel affair’ likely to “make trouble.’*! Inasmuch, how- ever, aS 131 Out of 138 members of the convention had given a final endorsement to the new constitution, few were willing to come out into a position of open hostil- ity. Whigs meantime proclaimed the document as worthy of support because it was not a party constitu- See post, 487. 29“ Buena Vista” on August 11, in Chicago Democrat, August 24. See also “Beuna Vista” on August 6, in idid., August 17; Shawneetown Democrat in ibid., August 24. 39 Chicago Democrat, January 4, 1848. 51Mark Skinner to Governor A. C. French, February 29, 1848, French papers; see also Koerner, Memoirs, 1: 523-524. Ne Rn ae mA a ek y ‘ t XXX ILLINOIS HISTORICAL COLLECTIONS tion. Everyone agreed that many of its provisions were a decided improvement upon the old constitution, and this made it risky to reject a document wrought at so much expense to the state. To the average voter the strict regard for economy displayed by the conven- tion was an important factor in attracting his support.” In the ratification election on March 6, 1848, the constitution was adopted by a vote of 60,585 to 15,903. The separate negro immigration clause was ratified, 50,261 to 21,297. The convention, confronting the huge indebtedness which spelled virtual bankruptcy for the state, had decided not only to practice economy but also to stabilize public credit. A two mill tax was therefore agreed upon with provision for separate ratification. For this feature there was little enthus- iasm although it was adopted, 41,349 to 30,945. Thus with a narrow gauge economy was linked a device which later aided materially in the financial rehabilitation of Illinois. , 8 Belleville Advocate, January 20, 1848; Quincy Whig, February 2, 1848. ae i ci I. MONDAY, JUNE 7, 1847 In pursuance of the provisions of the act of the General Assembly, approved Feb. 20, 1847, entitled “An act to provide for the call of a Convention,” the delegates to said Convention, chosen under said act, assembled this day in the hall of the House of Representatives, in the state house at Springfield, at 3 o’clock, P.M. Mr. SHERMAN called the Convention to order,! and moved that Zapoc Casey be appointed President pro tem.; which motion was unanimously adopted. On motion of Mr. SCATES, Louts M. Boots was appointed Secretary pro tem., and J. A. Witson, doorkeeper pro tem. On motion of Mr. SHERMAN, Mr. CLINE was appointed assistant door-keeper pro fem. _ Mr. THOMPSON moved that the names of the members be called. Mr. SCATES suggested the propriety of having a magistrate to adminster the oath to the members. The CHAIR suggested that no oath was necessary; and he further suggested that, as the Secretary called the members by counties, they present their credentials. On motion of Mr. DEMENT, Mr. Moore of Gallatin county Was appointed Assistant Secretary pro tem. The Secretary then called over the list of delegates, who, as their names were called, presented their certificates of election; after which they were again called, alphabetically, and the Chair announced that there were one hundred and fifty-four delegates in attendance. Mr. SCATES offered the following resolution: Resolved, That each delegate of this Convention, before pro- ceeding to the transaction of any business, take an oath to support the Constitution of the United States. * Biographical sketches of the members and officers of the constitutional convention will be found in the biographical appendix. I 2 In offering the above, Mr. S. said, he was aware that oe ae powers of this Convention are elementary, and that the members — i ‘were not under any obligation to take an oath; yet, while there was no form of an oath prescribed for the members, he hoped they would take this one-——There was an apparent propriety in the oath, as no form of government they could adopt would be valid unless it corresponded with the constitution of the United States. Mr. THOMAS was not satisfied with the oath proposed to the Convention by the gentleman from Jefferson. Where was the — necessity for any oath? This Convention represented the sover- eignty of the state of Illinois. Its members were not responsible to any power for the violation of the oath, if taken. No punish- ment could be awarded for a breach of it. He would remind the _ gentleman that there were constitutions adopted in other states before the United States had a constitution, and, therefore, he could see no obligation to swear to support the constitution of the United States. This was his present view, but if the gentleman could satisfy him that it was proper, he would vote for it. Mr. MINSHALL said that there would seem a manifest pro- priety in taking an oath which, although it might be said, would impose no additional obligation, still could work no injury. Further, that as no form of government could be established by this Convention that would differ in character from that of the constitution of the United States, it appeared to him quite proper, though perhaps not necessary, to take an oath to support the — constitution of the United States. He, however, would move, — as an amendment to the resolution, the following, to be added thereto: ‘and to faithfully discharge the duties of their office as delegates of this Convention, for the purpose of revising and — amending the constitution of the state of Illinois.” The amendment having been agreed to, the question was put on the resolution, as amended, and decided in the affirmative. Mr. DAWSON moved that WiL1t14m Lave y, esq., be called i within the bar to administer the oath. Mr. LOGAN said, that for the purpose of econotatelae time, he hoped that the oath would be administered to the body collec- tively; which mode would save considerable time, and could be ‘es MONDAY, JUNE 7, 1847 3 performed by the members without leaving their seats, simply by raising the hand. He made a motion to that effect. Mr. SCATES hoped the oath would be administered, if done at all, in a more dignified manner than that suggested by the member from Sangamon. The plan suggested might save a few moments time, but would not comport with the proper dignity which should accompany the administration of an oath. It ‘reminded him of the manner in which the oath of allegiance was administered by the conquerers of New Mexico. Mr. LOGAN then moved a division of the question; which was lost. The members then were called to the desk by the Secretary, ten at a time, and the oath, as adopted, was administered to them by Wm. LaveELy, esq. Mr. SERVANT moved that the Convention adjourn. Nega- tived—yeas 53, nays 92. Mr. BOND offered the following resolution: Resolved, That we will now proceed to organize this Con- vention, by electing a President, one Secretary, and one Sergeant-at-arms, and that no other officers shall be consti- tuted or appointed until it becomes necessary, in the opinion of the President and principal Secretary, to employ some competent person to assist the Secretary in the discharge of his duties; when the Secretary may employ a competent assistant, to whom shall be paid the sum of two dollars per day, while necessarily employed; Provided, the Sergeant-at-arms may, in his discretion, employ some able-bodied person to assist him in discharging his duties, to whom there shall be paid a sum of one dollar per day, for each day necessarily employed; and he may employ two active, orderly, and competent boys as messengers, &c., who shall each be paid the sum of fifty cents per day for the time employed. In offering this resolution, he had but a few words to say. He intended no speech in support of it. If-not all, many of us came here for purposes of economy, retrenchment, and reform. This proposition at this season can carry out that purpose. We can at this season of the year dispense with many officers; for after the Convention is organized, the Secretary alone can perform all the 4 ILLINOIS HISTORICAL COLLECTIONS duties of the office. We need, at least I think, but one Secretary; there is no necessity for an assistant. The resolution, however, provides for the employment of one when his services are required. —There is not the mass of business, nor the great amount of copying to be done, as is the case at a meeting of the Legislature. The Sergeant-at-arms, when he required assistance, was em- powered to employ it, at two dollars per day. The resolution he understood would meet with entire approbation. The boys pro- vided for by the resolution can easily be procured here, at the rate fixed—fifty cents a day. The resolution, upon a division, was adopted. Under it, the Chair announced the next business to be the election of a President of the Convention, and suggested that the mode of electing him _ was as the Convention would direct. Mr. WILLIAMS reminded the Chair that the act of the Legislature providing for a call of a Convention, directed that he should be chosen by ballot. . We might, it is true, repeal the direc- tion, but until it was repealed, he considered that we should con- form to it.. He moved that they proceed to elect by ballot. The reading of the law was called for, and the Secretary read the 5th section of the act providing for a call of the Convention. The motion was then put and carried. The Chair appointed Messrs. Locan, ScaTes, and Dunzap, tellers; and they, having received the ballots of the members, and counted them, reported as follows: For Newton Cxoup, 84; Zapoc Casey, 65; ARCHIBALD WILLIAMS, 2; Cyrus EDWARDS, 2. Aveo the Chair announced that NEwron Ctoup, esq., had been elected President of the Convention, and requested Messrs. THompson and Hay to conduct him to the chair. Upon taking the chair, the President said— Gentlemen of the Convention: It is but proper, on entering upon the duty assigned me by the choice just made, that I should return you my most sincere thanks for the honor you have con- ferred. I enter upon the discharge of the duties of President of this Convention with much embarrassment, for I feel that I have a difficult and important duty assigned me. a MONDAY, JUNE 7, 1877 5 I can only promise that my best efforts shall be made to dis- charge that duty faithfully and impartially, and that all the little ability that I possess shall be devoted to the despatch and further- ance of the public-business. I will not allude, however remotely, to the great objects upon which we have been called to act, but will conclude by returning you again my sincere thanks for the honor you have conferred on me. Mr. DAVIS of McLean moved to proceed to the election of a Secretary by acclamation. Mr. THOMAS. We are not all in favor of the same man. -I object. Mr. DAVIS. I, then, move to vote for Secretary viva voce; which motion was adopted. Mr. WILLIAMS nominated Mr. Burt of Quincy. Mr. BALLINGALL nominated H. W. Moore of Gallatin and the Convention proceeded to vote for Secretary. Mr. Moore received 91 votes; Mr. Burt, 59; scattering, 1; and Mr. Moore was declared elected. Mr. ALLEN nominated, for Sergeant-at-arms, Mr. J. A. WILson. Mr. CONSTABLE moved that Mr. Witson be elected by acclamation, and, after some debate, withdrew the motion. The Convention divided on the nomination, and Mr. WILson was declared elected, he receiving 99 votes. Mr. THOMAS moved the Convention adjourn. Lost—yeas $3, nays not counted. Mr. CAMPBELL of Jo Daviess moved that the Convention proceed to the election of a printer. Mr. LOGAN moved to lay this motion on the table, to enable him to offer a resolution in relation to the selection of a printer; which motion was carried. Mr. LOGAN then offered the following resolution: Resolved, That the printing of this Convention shall be let to the lowest responsible and capable bidder. Mr. EDWARDS of Sangamon offered, as a substitute: “That a committee of five be appointed by the President to receive proposals for the printing of the proceedings of the Convention, 6 ILLINOIS JHTSTORICAL COLLECTIONS and that they be directed to contract with the lowest responsible. bidder, and report at as early a day as practicable. Mr. SHERMAN asked, are we not getting along a little too fast with this resolution? ‘The law provides that we shall elect a printer, and that law fixes the price to be paid, with which the Convention has nothing to do. ; Mr. LOGAN said that, waiving for the present a discussion of the right of the Legislature to limit this Convention, look at the proposition in another way. Can we not receive the bids of all persons who may desire to perform this work, with the rates, &c., compare them with the rates allowed the public printer, and then — can we not elect that one who will do it the cheapest? Mr. DEMENT rose, not for the purpose, particularly, of opposing the resolution, but to inquire of some of the members of the last Assembly how far the words, “‘shall receive the same com- pensation as is allowed by the present Assembly,” have effect upon this resolution. He did not intend to argue whether we have the power to go beyond the law, but how far, inasmuch as we had obeyed the restriction of the law in one case, the election of President by ballot, we should still go with that law. As soon as we had chosen the President by the mode prescribed in this law, we then, when the law requires no form of election, dispose of the others in the most summary manner. This was conceded by ~ gentlemen for the purpose of conforming to the act of the Legis- lature; and he apprehended that the resolution now offered did come in conflict with those words of the act in relation to the printer, where it says “he shall receive the same compensation as the same officer receives from the present General Assembly.” He moved to lay the resolution on the table, but withdrew it, at the request of Mr. SCATES, who said that the act of the Legislature provided a compensation to be allowed for printing for the Convention. __ i The resolution stating what should be the officers of this Con- vention had been passed without debate; and he disliked to see © resolutions spread on the record appropriating money without authority. Where have you the power to do so? He doubted very much if the members of the Convention could get paid for their services unless the Legislature had provided and appropriated» MONDAY, JUNE 7, 71847 7 the means for that purpose. The constitution of the state ex- pressly states how and by whom money shall be appropriated. ’ The Legislature has fixed our pay; we can take less, but no more. The Legislature has provided a printer for us, and'fixed his compensation, and states that heshall be elected by the Convention. The resolution now before us confers the power upon five members of this body to give the printing. We may receive the services of the printer, under that contract, but can we appropriate the money to pay for it? He disliked to do things where the power to act was of a doubtful character. He would like the resolution already passed, changing the pay of the door-keepers, rescinded, and the present one laid on the table. He moved to lay the resolution on the table. Mr. LOGAN demanded the yeas and nays; which were ordered and taken, and the resolution was laid on the table—yeas 82, nays 70. Mr. CAMPBELL of Jo Daviess renewed his motion to proceed to the election of a printer. Mr. WILLIAMS stated that one reason why the resolution of Mr. Locan had been laid on the table, was to enable members to _ reflect on the matter. He was for economy; and if there was any person willing to do the work cheaper than another, he desired to give it to him. He moved to lay Mr. C.’s motion on the table; which was carried. Mr. EDWARDS moved that a committee of five be appointed to prepare and report rules and regulations for the government of this Convention. Agreed to. A motion to adopt, for the present government of the Conven- tion, the rules of the last House of Representatives, was laid on the table. Mr. EDWARDS of Madison offered the following resolution; which was adopted: Resolved, That the Secretary be directed to call upon the clergy of the different denominations in the city, and to solicit an arrangement among them for opening every morning, by prayer, the meetings of the Convention. Mr. BALLINGALL offered the following resolution; which was adopted: 8 ILLINOIS HISTORICAL COLLECTIONS Resolved, That the Secretary prepare ballots, properly num- bered, for seats for the members of the Convention, and that the members proceed thereafter to draw the ballots for their respective seats. Mr. PALMER of Macoupin offered the following resolution; which was adopted: Resolved, That the editors and reporters of the newspapers published in this state be allowed seats within the bar of this hall. On motion, the Convention adjourned till to-morrow, at Io o'clock, A. M. II. TUESDAY, JUNE 8, 1847 After an appropriate prayer by the Rev. Mr. Barcer? of Springfield, the Convention resumed its deliberations. Pursuant to the resolution adopted yesterday, the members proceeded to draw the ballots for their respective seats in the hall. Mr. BROCKMAN offered the following resolution; which was adopted: Resolved, That for the comfort and convenience of the members of this Convention, the Sergeant-at-arms be instructed to have removed the railings from the hall, and to place the seats of members further back towards the corner of the hall. Mr. WEAD offered the following: Ordered, That so much of the resolution of the member from Clinton, offered yesterday, as provides for limiting the number and pay of officers of this Convention, be rescinded. In offering this resolution, Mr. W. said, that he was of the opinion that the resolution which it proposed to rescind in part, had been introduced and passed yesterday without the members having had time for consultation, and without their being apprised of its effect. That resolution, if he understood it properly, limited the number of officers of the Convention, and fixed their salaries at a price below the rate provided for in the act of the Legislature. True, it allowed the employment of an assistant Secretary and an assistant Sergeant-at-arms.—He thought it most imprudent thus to limit, by resolution, the officers of the Con- vention, when that Convention were the proper judges of what officers they required. The Convention would require the services of two Sergeants-at-arms; one cannot do all the work, for his services would always be required within the hall, while another would be required to go elsewhere, and perform duties beyond the halJ. I object to our granting the Secretary power to _* Probably John S. Bargar, pastor of First Methodist Episcopal Church of ene. Inter-State Publishing Company, History of Sangamon County, 9 10: ILLINOIS HISTORICAL COLLECTIONS name a deputy when he shall deem it necessary. That right belongs to this Convention only. The saving proposed by this — resolution is but a small matter; the people of the state of Illinois f, do not require such economy—the cutting down of the salaries of e two small officers. Our object is other than a legislative one; it 4 is to revise the constitution of the state of Illinois, and not to fix ¥ the compensation of her officers. We may place in theconstitu- —_ tion that the Secretary and Sergeant-at-arms, hereafter to be a appointed, shall not receive beyond the sums provided in the Bi resolution, but can we, by a mere resolution, enact a law?—But 4 the resolution does not intend that it shall be incorporated into i the constitution we came here to revise and adopt; and is it any f part of our duty to meddle with the pay they shall receive? ‘ 7 The Legislature might pay them, or fix the sum that they should receive at what amount it pleased; it might appropriate — them nothing if it pleased, for it was a matter entirely with that body. It had been said that this provision might be placed in the constitution, but how? This resolution contemplates no such thing; it has reference merely to the officers whom we shall employ, and for the payment of whose services the Legislature has already made an appropriation. By what reason, right, or justice, then, — can we fix the amount of their pay? ie Is it economy for members—or do they think that the soaphe B ; require such economy—to reduce the pay of officers who willhave to labor the whole day in the faithful discharge of their duties to earn one dollar per day, when we take four for ourselves. The saving contemplated would reduce the taxes but little; itis a i matter the people are not looking at. I hope the Convention will - i not rise until it has reduced the expenses of from over $200,000 i per annum to something less than one hundred thousand dollars. ne Let them but pursue a course to effect that object, and not com- 4 mence on this matter. Let them reduce the tax below sixty-five % per cent. on personal property; let them reduce the county taxes, of which but little is used for county Pumpecss and let these small a officers alone. A He considered that the reselarian had been passed without 5 being understood by the members of the Convention, and he if rete ier ss npn He. TUESDAY, JUNE 8, 1847 ii regretted it; for he considered that it frequently took longer to undo a wrong action than to defeat or avoid it in the first instance. Mr. BOND said that he had offered the resolution, and it was only because it had been offered by him that he rose to say a few words in reply to what had fallen from the member from Fulton. That it had not been discussed was very true, but he did not think that there was any discussion necessary upon it; it bore on its face—in the very words of it was expressed the great objects of its introduction—retrenchment and reform. We have come here for the purpose of retrenching and re- forming the expenses of our government, and he did not think of coming here to carry out one thing and do, in fact, another. He thought straws showed which way the wind blew. He was for economy in all proceedings of the Convention, and would show his sincerity if the gentleman would introduce any proposition to reduce the pay of members, he would vote for it. The resolution had not been intruded upon the Convention: it had been offered in good faith, and he believed it ought to meet the approbation of the Convention. He asked, who, when the constitution under which we now live had been adopted in the first instance, had fixed the pay of members? The Legislature telling this Conven- ticn what to do, is like the preacher telling God what is right. He was confident the resolution was not understood: it did not interfere with the pay of the Secretary or Sergeant-at-arms— they still receive the pay allowed them by the Legislature; but it only prescribes what shall be paid to their assistants, whom they are authorized to employ when their services are required. + He had experience in the duties of Secretary of legislative bodies, and he was convinced that one person could perform all the duties of that office for this Convention. There was not that mass of copying, nor that interminable labor to be performed as in the Legislature. Also, ove Sergeant-at-arms could perform the work of that office; but if not, the resolution allowed him to employ an assistant, at one dollar per day—and plenty could be procured to do the work at that rate; even here they could be procured, as well as by searching from the southern border to the most northern counties for men, who were to be brought here to fill these offices 12 ILLINOIS HISTORICAL COLLECTIONS especially reserved for them. No fires were to [be] built; variousother duties usually performed by the Sergeant-at-arms could be dis- pensed with. Nor would that officer have to go round looking up the members of the Convention, as was often the case in the Legislature. He hoped the gentleman from Fulton would aid in reforming the constitutional expenses of the government. Let him come forward with his proposition to lower the salaries of all, and he (Mr. B.) would vote as low as the gentleman from Fulton dare. He would like to reply to some of the logic of the gentleman from Jefferson (Mr. Scates,) if he really knew what kind of logic it was that he had used yesterday. He (Mr. B.) had read none, and he was disposed to inquire of Mr. S. what kind he had read. He had understood the gentleman from Jefferson to say that we could reduce the pay of the members, but not of the officers of the Convention. Mr. SCATES. I did not say that we could reduce the pay of the members; the gentleman did not understand me. Mr. BOND resumed, by stating that he had misunderstood the gentleman. He had occupied more time than he had intended when he commenced. The resolution was intended only to govern the present officers of the Convention; and a more proper time would arrive for the discussion. A committee had been appointed to prepare and report rules and regulations for the Convention, and they will no doubt report what officers are necessary. When they did so, then would be the proper time for the discussion of this question. Mr. MINSHALL asked, if the resolution to rescind was in order. Would not the proper way be to move to reconsider? The CHAIR ruled that the resolution to rescind was in order. Mr. WEAD said, that it had been insinuated in the remarks of — the gentleman that he had argued that this resolution had been intruded upon the Convention. He had said no such thing; nor would any language used by him justify such a construction. He had said, however, that it had been passed without the members having had time for reflection. He could not see any reason why ~ the Convention should not rescind the resolution of yesterday. We had been sent here for the purpose of retrenchment and reform TUESDAY, JUNE 8, 1847 13 of the evils of the old constitution. Was one of the evils of that constitution an allowance of four dollars to our Sergeant-at-arms? We save, by this resolution, four dollars a day in the pay of Secretary and Sergeant-at-arms. Did the people require this of us, he would vote for it; but he was satisfied that they were willing that we should allow them liberally for their services. Mr. W. was as willing as Mr. B. to reduce the county expenses by every means in their power, from over $650,000 to less than $300,000. He was not familiar with the duties of Secretary, but judging from the vast amount of business yesterday, he considered that it was impossible for one to do it alone. Gentlemen should remember that this is the largest body ever convened in Illinois, and that more officers were required than in any other that has met before.—He considered the doctrine, that we had a right to fix the pay of members or officers otherwise than as directed by the act of the Legislature, as perfectly preposterous. That we had the right to regulate future officers’ salary, by engrafting a direction in the constitution, was perfectly right, but to regulate their pay by a simple resolution of the Convention was out of the question. Mr. BOND read a portion of Mr. Scares’ remarks, of yester- day, as reported in the Register, as going to establish that he was not alone in his understanding of Mr. S.’s remarks; to which Mr. SCATES briefly replied. Mr. LOGAN said there was nothing in the question itself, as to what pay should be allowed the Secretary and Sergeant-at-arms that was worthy of the consumption of the time of the Convention; but there was the same principle in it which affected a large class of other questions of more importance, and which should be settled. Gentlemen, he had observed, in his experience, were never able to find the starting point where retrenchment should commence. All economy, he always found, was commenced in small matters. You may look around in vain for a large one; whenever you raise your arm to strike, why the answer comes, “‘that is a small matter, let it alone.”” We must make one strong blow. Now is the time. The subject is not, it is true, a large one, but we must commence. I am in favor of commencing now, because of the peculiar circum- stances in which the people of Illinois are situated. I am in favor 14 ILLINOIS HISTORICAL COLLECTIONS of meeting that situation and carrying the work of retrenchment throughout all its ramifications. Our state is loaded with a heavy debt, under which the people and their property are groaning. The people call on us to save, in the expenses of their government, not hundreds, but thousands. Speak not to them of liberality till our state is in different circumstances. Liberality ceases to be a virtue when it postpones justice! Whenever we are obliged to lay a tax upon the country too heavy for the proper support of the government of that country, I am for striking at the root of — all unnecessary salaries—reducing them. An enormous debt is overhanging us. We are taxed to the full measure which the people can endure. We must pay the large debt we owe, and which is fast becoming a burden not only upon us, but will be on those who shall follow us. Our creditors are demanding payment of our debts; can we talk of liberality? Liberality is incompatible with the present situation of the country. Were the whole people gathered here, they would have no right to give salaries beyond what is strictly necessary. I am for saving every dollar that can be saved. It is necessary that proper officers should be chosen and paid to perform the functions of government; and I am willing to pay in every department only just sufficient to procure the services of such men. It is not proposed to reduce the pay of the principal secretary, and he is allowed to employ an assistant when his services are necessary. One will be sufficient, another would be supernumary [sic]. At the commencement there was of course a greater press of business—of resolutions; that is all over. Here- after we will have committees to prepare the business. Discus- sions upon the great questions will commence and occupy the greater part of the time. The question of a bank will come up and be discussed; there will be no bills, no petitions, no local legislation. We will have but little use of the Secretary, and less. of his assistant. The resolution contemplates the employment of an able-bodied assistant and two boys—what do you want with more of them? Two boys can receive the propositions of 162 members as fast as they can be presented. We should give salaries only sufficient to procure the services. Can we procure them at the prices contained in the resolution? My word for it you can. I want this to be a precedent for everything else. i ba TUESDAY, JUNE 8, 1847 15 There is a section in the constitution of Vermont, which sets forth that every man should have some profession and mode of life, and should do everything in his power to aid the government; that when his assistance to the government works injury to him in his business, he should be remunerated; but when the salaries of officers are used as a source of profit, that then they should be cut down and reduced. If this is a correct principle it should govern us. Are not these offices sought for profit?p—The very fact of the applicants seeking and desiring them proves it, not to speak of their electioneering. I could scarcely get along the street with the constant applications, and I cannot comprehend how my democratic friends survive it at all. If we can get persons to do the work, that is evidence that the prices are high ae bf we cannot, why then we can raise them. My constituents desire the most rigid economy in all ae which will enable them to pay off their just debts. I am not for stopping here, but for continuing it for all time to come, or until we are relieved from debt.—Now is the time. Let us begin and apply the principle to ourselves and our officers; let it operate now.— There is no use in procrastinating. We have been insolvent long enough; we have delayed payment of our just debts long enough. Apply all you can save to the Honilanes of the state debt. The next question was the power of this Convention. An oath to support the constitution of the United States had been proposed and taken, because we can do nothing in contravention of that instrument, and because there was no other power to limit us. Where is the limitation of the power of this Convention over the treasury? Point it out. Mr. WEAD explained. Mr. LOGAN resumed. It was said yesterday that we could draw no money from the treasury because the constitution pointed out the manner in which it should be done. I differ in opinion on this matter. We have the power to prescribe the powers and duties and salaries of all officers. Can we not fix in the constitu- tion that money shall be paid from the treasury only on general principles? The Legislature has appropriated the money to pay us and our officers; to be paid on the certificate of the President. 16 ILLINOIS HISTORICAL COLLECTIONS Can we not say that our officers shall not draw the money? Can we not, by resolution, control the certificate of the President? Have we no power, except what is expressed in the act? Does that give us the power to make rules and regulations for our — government? It does not, yet we have appointed a committee to report such rules, and we will adopt them. This resolution is right in itself. It advertises the men em- ployed what they shall receive. If we are sincere in our professions of economy, don’t let us differ as to the mode, the how, or where, but let us preserve the principle, and carry it out at all times. Let the gentleman who proposes to rescind propose his plan to economize, and I shall not be found wanting. Is there anything said in the act that we shall not amend the constitution by a resolution? Not a word. There are many things to be done in this constitution which are but temporary provisions. In our present constitution, the judges of the supreme court were to receive $1,000 a year, for a certain time, payable quarterly. The Convention that formed that constitution made this appropria- tion, and no Legislature could repeal it. We may district the state for the next Legislature, and make many other alterations of a temporary character. I don’t care for the form—for the mere saving of a few dollars; but I contend for it as a principle, and intend it as a precedent. But when the state is in debt, and there are, in those countries now visited by famine, many widows and orphans who hold our bonds, and are undergoing the utmost privations because the interest of our debt is not paid, I say again, this is not time for liberality. Mr. BALLINGALL moved that the Convention adjourn till the afternoon, at 3 o'clock. Carried. AFTERNOON Mr. HARVEY moved to strike out all after the word “resolved,” in the motion of Mr. Weap, and insert “that the members and officers of this Convention shall receive the sum of © $2.50 per day, each.” Mr. PALMER of Marshall moved to amend the proposed amendment, by striking out the words “and fifty cents.” Mr. DEMENT rose to offer an amendment; but the Cuair NG TUESDAY, JUNE 8, 1847 17 ruled it out of order, there being an amendment to an amendment pending. He then stated that he did not believe, nor did he think any other member believed, that any resolution of this body could prevent the members, or such of them as would demand it, from receiving the sum of four dollars per day—as fixed by the Legislature. He denied the position assumed by the gentleman from Sangamon (Mr. Locan,) that the acts of this Convention would be paramount to any law of the land, until it had been approved and ratified by the people in the manner pre- scribed by the law. In case, asked Mr. D., we did make an enactment, where would be its power or its force, or its binding obligation on any one, if the constitution we shall adopt is rejected by the people? It appeared to him that the powers of this Convention had been narrowed down to a mere power to propose amendments, or a substitute for the present constitution of the state; and what we may do may pass as a dead letter from our hands, and be received with the contempt of the whole people. He had heard much talk about economy; and the gentlemen who had made speeches on that subject might have spoken in all sincerity, or it might be to add to their already well established reputations for eloquence and speech-making. He was of opinion that the Convention could appropriate no money, unless the clause making the appropriation is made a component part of the constitution; nor could the money thus appropriated be drawn from the treasury until the constitution containing the appropriation had been approved and ratified by the people. It was proposed by this resolution to pay the Secre- tary four dollars per day, under the law, and the assistant but two dollars. He was satisfied that we could not alter the salaries of our officers from the sum fixed by the Legislature, without making that resolution, or proposition containing this alteration, a com- ponent part of the constitution, and submitting it to the people for their ratification. Our mere enactment has no force whatever. - —Our constitution, if we can dignify it by such a name, will not be obligatory, in the least, on any one here or in the state, until it shall have been approved by the people. And he begged members not to encumber that instrument, which they had convened here 18 ILLINOIS HISTORICAL COLLECTIONS to frame, with these small and trifling sections, all of which would endanger the adoption of the constitution. He said, that upon all of the great and important subjects which would engage the deliberations of that body, they were familiar with the feelings, sentiments, and opinions of their constituents, and were ready and prepared to vote upon them; but upon these little questions, which had never been the subject of thought among the people, the members of the Convention could not say what were the sentiments of their constituents; and by voting for their incorpora- tion with the constitution, they endangered its adoption. Had we not, then, better go home and leave these light and trivial matters for future legislation, and not have these appendages, upon which we know nothing of the sentiment of the people? Mr. D. then read, as a part of his speech, the proposed amend- ment that had been ruled out of order; it was to the effect that the members should contribute a portion of their pay, for the purpose of employing and paying the Secretary and Sergeant-at-arms at the rate of four dollars per day. He said there were one hundred and sixty-two members present, who were drawing four dollars per day, and employed in a discussion upon the question whether our door-keeper shall receive two or four dollars a day, while that very discussion was a tax of two hundred dollars an hour upon the state. The gentlemen, in their zeal for economy, strike at the pay of these petty officers, who have no interest or responsibility - other than to perform their duty and receive their pay; yet it was said that the mere reduction of their pay was to accomplish wonders—relieve the state from all debt, feed the starving suffer- ers in Ireland, and many other like brilliant acts. Now, he would remind them that, by dispensing with half an hour’s debate upon this question, enough would be saved to pay the whole additional expense. The speeches of the gentlemen— and he would not be understood as meaning to say they were not well worth the money—would, then, if dispensed with, pay the whole expenses. He then proposed that the members should come forward and voluntarily surrender a respective share of their own pay, and give it to the door-keeper. But in case they were to have speeches he was willing to stake their own pay on the fact whether our 5 Bite TUESDAY, JUNE 8, 1847 19 actions meet the approval of the people; and was willing, if th people do not accept the work of this Convention, and return the constitution on our hands, that we take it, and not receive any other payment for our services. This would show our sincerity in speaking so much of economy. He hoped, therefore, that they would elect these officers, and a printer, and complete the organization of the Convention, and proceed with the business. Speech-making cost $100 every thirty minutes; let us organize without further debate, and for the future - economize both time and money. Mr. HAYES moved the previous question. Mr. CAMPBELL of Jo Daviess asked if the previous question was in order? We had adopted no rules. The CHAIR said it was in order. Mr. WILLIAMS rose to debate the propriety of taking the previous question. Mr. BALLINGALL called to order; and a discussion ensued as to Mr. Wruu1ams’ right to proceed. The CHAIR decided in his favor. Mr. W. said, that he thought, when he came here today, we were ready to proceed with the business; that we were sufficiently organized to have started other important questions. But there were important questions involved in the present one, which he thought should be discussed now and at once. They would have to be settled at some time. Messrs. Parmer of Macoupin, Tuomas, Loupon, and Locan continued the discussion on the propriety of taking the main question, a more detailed report of whose remarks we regret our inability, from want of room, to give in our present number. Mr. HAYES then withdrew his call. Mr. DAVIS of Bond promised, as he desired to present a few remarks, to do as others had done—to speak of everything else save the resolution before them. He did not think the Convention had the power or right to appropriate money from the treasury. The present constitution of the state, which was the supreme law of the land, gives the Legislature the power to call a Convention, and under that constitutional power this Convention had been 20 ILLINOIS HISTORICAL COLLECTIONS called. He apprehended that if the Convention had the power to appropriate money in one case, they had the same power to do so in all. The constitution directs the manner in which money shall be appropriated; that constitution, and every law under it, is yet in full force. Suppose we make an appropriation and attach it to the constitution we shall frame, and that constitution is rejected by the people, what becomes of the appropriation? He under- stood the Legislature had power to call a Convention, and they had done so, and made provisions for its comfort and convenience by law.—The constitution says, “no money shall be appropriated out of the treasury except by law.’’ Can we ascend higher than the constitution? If we can, I ask for the book, for the law and the precedent. I come here to effect the election of judges by the people, limiting the sessions of the Legislature to once in four years, and then for sixty days only, and for settling their per diem. I can’t say we will do so, nor that the people will ratify what we really will propose to them. He asked again where was the authority for this Convention to make laws, or what act of theirs would be binding unless ratified by the people? When we formed our present constitution we were a territory, and the instances of appropriation spoken of by the gentleman from Sangamon were embodied in the constitution, and pre- sumed an adoption thereof by the people. Mr. PALMER of Marshall, after some preliminary remarks, said he could not think any gentleman would deny the right of the members, under the present embarrassed state of affairs, to take but two dollars a day; and that our officers, who will be fully as” patriotic, will follow our example and give their services for the same amount of compensation. He hoped the members would reduce their own pay. They could not reduce the pay of their officers, of the judges and all others, and then go home to their — constituents with four dollars a day in their pockets. He had brought money with him to pay his board and all other expenses, and was willing to take but the two dollars. He was old, but hoped not to be laid in his grave till all our debts had been paid. Mr. P. followed the question at some length, but we not having room, must close our report of his speech for the present. 3 See correction made by Davis in his speech on Monday, June 14, pp. 75-76. A” ee ai Sha 7 * : ha 7, TUESDAY, JUNE 8, 1847 21 _ The previous question was again moved, but withdrawn at the request of Mr. SCATES, who moved to lay the whole matter on the table, to enable the committee on Rules to report; which was agreed to. Mr. EDWARDS of Madison, from the committee for that purpose, reported a series of rules and regulations for the govern- ment of the Convention; which were read and adopted. Mr. SERVANT moved that 300 copies of the rules just adopted be printed. Mr. SCATES advocated a smaller number, but suggested that we had not yet chosen a printer, and therefore moved to lay the motion to print on the table. Carried—yeas 73, nays 62. Mr. WILLIAMS, in order to give the President time to appoint the committees moved that the Convention adjourn till to-morrow, at Io A.m. Carried—yeas 79, nays 61. Ill. WEDNESDAY, HE 9) 1847 Prayer by Rev. Mr. Bercen.! be Messrs. Hurysut and Cuoare, delegates to the Convention, appeared this morning, presented their credentials, and were qualified. The Secretary then read the journal. Mr. DEMENT moved to admit within the bar of the Cae tion the Governor of the State, Secretary of State, and Judges of the United States and State Courts. Mr. CAMPBELL of Jo Daviess moved to amend by adding “and all ex-officers of the state.’ Mr. KNOWLTON moved to add “and all officers and soldiers just returned from the Mexican war.’ Mr. DAVIS of McLean moved to add “and all means of Congress.” Mr. WHITNEY moved to lay the resolution and amendments on the table. Carried. : 4Rey. Joe G. Bergen: born November 27, 1790, at Highletane Middle- sex County, New Jersey; of Norwegian and Scotch descent; preliminary education at academies in Cranberry and Baskin Ridge; 1807, graduated from Princeton; March, 1810—September, 1812, tutor in Princeton; December, — 1812, ordained as ‘Presbyterian minister; ‘December, 1812—September 10, ; 1828, pastor at Madison, New Jersey; September 22, 1828, left for Illinois, sent by the Home Board of the American Missionary Association; November, 1828, arrived in Springfield; December, 1828—December, 1848, ‘frst regular pastor of First Presbyterian Church of Springfield; organized Second Presby- terian Church of Springfield, and a number of additional churches; December, 1848, resigned as pastor, devoting himself to writing for the press over the signature of ‘‘Old Man of the Prairies’’ and to missionary effort among feeble — churches; several times commissioner to the general assembly of the Presby- terian church; assisted in forming first presbytery and first synod in the state; first moderator of each, and first moderator of the united synod; for many years a director of the Theological Seminary of the Northwest at Chicago; 1854, given degree of D. D. by Centre College, Danville, Kentucky; died January 17, 1872. Baran and Selby, Historical Encyclopedia of Illinois; History of Sangamon County, 2: 862, 866; Power, History of the Early Settlers of Sanga- mon County, 114-116; Inter-State Publishing Company, History of Sangamon County, 515-519; Chapman Brothers, Portrait and Biographical Album of Sangamon County, 294, 778. 22 WEDNESDAY, JUNE 9, 1847 23 Mr. SINGLETON offered a resolution stating the powers of the Convention to be limited. Mr. ARCHER offered the following amendment: “Resolved, That this Convention has assembled for the purpose of revising, altering, or amending the constitution of this state, and that the powers and duties of said Convention are limited, after its proper organization, to such objects only. “Resolved, That, with a view of entering upon the discharge of the duties assigned to said Convention, we now proceed to the election of an assistant Secretary and assistant door-keeper and printer, any resolution heretofore passed to the contrary notwith- standing.” In offering the above, Mr. A. said, that he did so with a view of presenting his opinions upon the matter that had occupied the Convention for the past day or two.—In so doing he was very anxious to pay all respect to the opinions and views of those with whom he differed, and without reflecting in the least upon their motives or views. He held true economy to consist, in some measure, in the employment of the means sufficient to accomplish the end. The act of the Legislature has provided officers for this Con- vention, to enable us to carry out the objects for which we have convened. He thought another Secretary and Sergeant-at-arms necessary; and if the Convention, from the want of either one of these officers, were detained a single day beyond the time they would otherwise have concluded their business, the expense attendant on that delay would be far more than the additional expense of these officers. He was of opinion that the powers of the Convention were expressed correctly in his amendment to the resolution of the gentleman from Brown.—The question of economy in the pay of the officers of the Convention, or of the members thereof, formed no subject in the canvass in the county which he (Mr. A.) had the honor, in part, to represent. He con- tended that the Convention had no legislative powers; that in the way of economy he would go as far as any other in retrenching the expenses of the state of Illinois. The original resolution sub- mitted whether there should be a Convention, and the act calling the Convention contemplated no such purpose as that we were to 24 ILLINOIS HISTORICAL COLLECTIONS have legislative powers; and none other than to alter and. revise the constitution. Mr. A. would go with any of them in putting down to the lowest rates, that would command talent, the salaries of all officers. Mr. McCALLEN offered the following as an amendment to the amendment: Strike out “printer,” and insert, “that the Secretary be instructed to receive sealed proposals at his desk, until 10 o’clock, A. M., to-morrow, for the printing for this Conven- tion; and that the President proceed at that hour to open said proposals, and award the printing to the lowest responsible bidder.” Mr. SCATES moved to lay the whole subject on the table. Mr. CONSTABLE appealed to him to withdraw - motion. Mr. SCATES declined. Mr. CAMPBELL of Jo Daviess hoped that it mer be with- drawn, and that the vote by which the rules had been adopted would be reconsidered. | The vote was then taken on laying the subject on the table, and decided in the affrmative—yeas 72, nays 67. Mr. DAVIS of Bond submitted some amendments to the rules; to which Mr. LOGAN offered an amendment. Mr. PRATT offered an amendment to the amendment. Mr. WEAD moved to lay the resolution and amendments on the table; which was carried. Mr. ROBBINS offered two resolutions in relation to the number and selection of the standing and select committees, and advocated their adoption. Mr. DEMENT opposed the resolutions. _ Mr. WEAD moved to lay them on the table, and print; after- wards withdrew the motion to print, and the resolutions were laid on the table. Eis Mr. ARMSTRONG offered a resolution in relation to addi- tional committees to be appointed. Laid on the table. Mr. DEMENT moved to take up the resolutions offered by Mr. SINGLETON, and the amendment; and, after debate, hey were taken up. Mr. BROCKMAN advocated the adoption of the amendment of the gentleman from Pike to the resolution of the gentleman WEDNESDAY, JUNE 9, 1847 25 from Brown. He denied that the @onyeicion had any legislative powers; nor any power save that expressly granted by the Legis- lature. The Legislature had defined the pay for our officers, and we had no power to change it. He was for retrenchment when- ever that subject came properly before them. He hoped they would immediately elect a secretary, a sergeant-at-arms, and a printer, which officers were necessary. He advocated a full and immediate organization of the Convention, and that it should at once proceed to public business. Mr. SINGLETON said, that he had offered the resolution in order to bring before the Convention the true question—its powers. He thought the power of a Convention was merely to propose alterations and amendments to the constitution, and that the people had the right and the power to make the changes. We had no power to change the law, but we had the power to propose the change, and the people to make the change.—It was true that, to some extent, the people are here in their sovereign capacity, but it was only to inquire whether they should change theirlaw. The Legislature is just as sovereign as this Convention. This body is clearly bound by the act of the Legislature. The people are represented in that body as much, if not more, in their sovereign capacity as in this. The people never intended these matters relative to the compensation of officers should come before us. There was no power by which men are obliged to take the four dollars per day, when they think proper to take less. He believed the Convention wanted an assistant secretary and another sergeant-at-arms, and would vote for their election, and was willing to give them the pay provided by law. He had offered the resolution for the purpose of bringing the true question before the Convention. If there had been no provision in the act of the Legislature for the pay of the members, the number and salary of its officers; if these matters had not been settled for us by the Legislature, he would then be able to discover the propriety of the discussion; but as all had been done by that body, he could see no propriety in it. As to the pay of the members, he was determined to take the four dollars a day, and no less; and would not be afraid to go before his constituents and tell them he had done so. 26 ILLINOIS HISTORICAL COLLECTIONS On motion of Mr. CONSTABLE, the amendment proposed by Mr. McCatten was laid on the table—yeas 87, nays 56. The question recurring on Mr. ArcHER’s amendment; Mr. LOGAN said, that he was inclined to take the vote just had as decisive of the intention of the Convention to choose the officers, and upon that subject would say no more. But the resolution offered by the gentleman from Brown presents a principle which he considered a heresy in politics, and as there were two‘propositions before them, he preferred the amendment of the gentleman from Pike: If the Convention were to say that it was bound to do as bid by the Legislature, it would establish a most dangerous precedent; and if they were obliged to follow the direction of the Legislature in any one case, they are bound to do so in all.—The constitution says a Convention may be called “to amend, alter, and revise’ —not to propose amendments; alter- ations, and revisions. If the Legislature be right in saying the Convention has only the right to propose a constitution, they have the right to say what amendments, alterations, &c., shall be made. — He considered it wrong in principle and bad as a precedent. If either of the propositions were to be passed, he preferred that of the gentleman from Pike. Mr. SINGLETON contended that the Legislature had the ~ power to regulate, to some extent, the manner in which the Convention should be organized, and to direct its government in all things that do not go to the proposed changes in the constitu- . tion. The present constitution gives the Legislature power to call a Convention, and the Legislature has provided for that call, and says we must come here, not with power to make changes, but to propose changes to be acted on by the people. They have no right to say to us what changes shall be made, but state in what manner they shall be made. By the constitution, the legislative powers of the state are described to be vested in a House of Representatives and a Senate, who, together, shall constitute a General Assembly. Their powers are not limited, but they may exercise any power not expressly limited by 'the constitution of the state, the consti- tution of the United States, a law of Congress, or a treaty. Had they a right to say that the changes proposed by this Convention WEDNESDAY, JUNE 9, 1847 27 should be submitted to the people? If they had no right, I want a direct vote on the matter. If they had, I am bound by what they have done. This Convention has those necessary, natural, inherent powers of self-protection that all deliberative bodies possess; no other power but what is derived from the Legislature, save the power of self-defence. Mr. PETERS said, that he had and would continue to vote against any and every proposition which would recognize any restriction of the powers of this Convention. We are here the sovereignty of the state. We are what the people of the state would be if they were congregated here in one mass meeting. We are what Louis XIV said he was—“We are the state.”’ We can trample the constitution under our feet as waste paper, and no one can call us to an account save the people. A resolution had been passed by the Legislature presenting to the people the question of a Convention or not. Ifa majority of the people chose a Convention, then the law directed the Legislature to call that Convention, and then its functions ceased. If they had named no officers in their act, could not this Convention have selected as many as they pleased? If they had said we should have no officer but a President, could we not have gone on and elected a secretary and what officers we thought necessary? We can change any organic law of this state that we please. My proposition is that we have the power to adopt a constitution which, from the day of its passage by this body, will be the supreme organic law of this state, without any reference to the people. However, such a course as that might not be advisable-—But there are many things which I could not refer to the people, for instance, the council of revision, and that because we know the sentiments of the people on them already. I am for economy. But I make no speeches on the subject for home consumption. I am for allowing the members of this - body but two dollars a day. Here the Convention adjourned til[]] 2, p. m. 28 I LLI NOIS HISTORICAL COLLECTIONS AFTERNOON Mr. DAVIS of Massac commenced by taking ground against the superiority of the powers of the Convention as against the enactment of the Legislature—the law-making power, established and recognized by the supreme organic law of the state yet in force. He reviewed the history of the act of the Legislature pro- viding for a call of this Convention, and argued that it was both constitutional and proper. As to economy—though in favor of it—he scorned to consume the time of the house, so valuable, by making speeches about it. He had voted to lay the proposition— to let the printing out—on the table, because, in his opinion, they had convened there for nobler ends than debating about such trifles; they had convened to amend the organic law of the state, so that it would conduce to their prosperity and happiness. He understood the provision in the present constitution, relative to the salaries of judges, very differently from the gentleman from Sangamon.—The provision was made in the constitution that they should receive a certain salary, but the Legislature of 1819 made the appropriation whereby the pay, thus fixed and estab- lished in the constitution, could be drawn from the treasury. And it was by virtue of their act, and not of the provision in the constitution, that the money was paid out. That very same Legislature, sir, made an appropriation to pay the members of the Convention that framed the constitution; they fixed it at four dollars a day. The officers and others were also paid by the Legislature, who made the appropriation for them all. Not a man in that convention of 1818, nor out of it, ever understood that they could draw any money under the provisions of the con- “ stitution, until the Legislature had made the necessary appro- priation. He regretted, and it was universally regretted, that a gentleman gifted with such powers, and from whose experience and ability so much was justly expected, whose eminent talents should lead them and aid the Convention in its important duties, should have suffered himself to be led off into a discussion of subjects so foreign to the matter before the Convention. He alluded to the gentleman from Sangamon. The gentleman who had made the most strenuous and potent WEDNESDAY, JUNE 9, 1847 29 argument against the law of this Legislature was, if he had not been greatly misinformed, in the last General Assembly, one of its foremost and ablest supporters. If that law is wrong now, it was wrong then; and why did he support it then? He (Mr. D.) took a different view of this matter than that of gentlemen who, from friends and advocates of the law, had become its denouncers. Mr. SCATES offered an amendment—that the Convention should proceed to the election of a printer, assistant secretary, 0 ent ie and door-keeper. He said this discussion had taken a wide range— first it was the employment of a door-keeper, then the question of retrenchment, then the powers of the Convention. He wished, however, as all had the same object—economy—in view, that they could see the means to accomplish it in the same light. There might be an economy of time as well as money. The question originally was to rescind; from which sprang the question of the powers of the Convention, and economy—dquestions which did not belong to the original question. While gentlemen were discussing this matter, they had made declarations and pledged themselves to carry out the principle of economy in all things that should come before the Convention. When this came about he expected to be in the first rank; none should go higher and none lower in the scale of economy than he. He advised, then, an organization of the Convention as soon as it could be affected, though he did not desire to cut off any gentleman who might wish to discuss this matter. He questioned, doubted, and denied the power of the members to bind themselves, or their officers, or officers of the government, by any simple resolution of the body; because, if not embodied in the constitution, it was not and could not be a law—therefore, it was not obligatory. [We have no legislative powers. Resolutions appropriating money by dollars and half dollars is the administration of gov- ernment which we have no power to do. Suppose we say in our constitution that a certain amount of money shall be paid our members and officers for their services, will it be any more than an inoperative, inchoate act, until our acts shall be confirmed by the people? Let the;President of this Con- vention issue certificates to these men and boys for their services, 30 ILLINOIS HISTORICAL COLLECTIONS” SS wb) ~ will the Auditor, though he may have our resolution on his table, pay any attention to it, or refuse to pay what the law of the state directs? What an aspect would we present if these boys, receiv- ing certificates under an appropriation made by this Convention, and the chief officer of the State obeying the behests of the law, and setting at defiance the supreme constitution-making power, refuse to pay them but in the manner directed by the act of the Legislature! What remedy? It is true you might invoke the power of the courts of justice, obtain a mandamus to compel him, &c. es Here we are—one hundred and sixty-two members, gravely driving half dollar bargains with messengers and boys. To at- tempt to undo the act of the Legislature by our resolution is im- possible—We might as well go back and overhaul all legislation had under the constitution, as this very law. The gentlemen are disposed to make the compensation of these offices so low as to take away the inducement to seek the office. He was disposed to go as far as any; but he thought that the Convention could not fix the price so low but that men will seek it. Men sometimes seek office for the honor of it. The pay of the soldiers in the army is but $10 per month—and the post is not a very desirable one at that, yet we have witnessed the scramble that has taken place to get in the army; and there has been as much anxiety to get into the ranks as to get into the offices of this Convention. He hoped the Convention would now elect these officers and complete their organization. He regretted that so much time had been spent in demagog- ueism [szc]; in making speeches for Buncome; in making speeches, for effect upon the constituents of members and others, about — economy. In introducing ridiculous resolutions for this purpose,” he had witnessed the same at almost every session of the Legisla- ture, and he asked why had they been introduced here? It had been shown that these speeches about economy of cutting down the Door-keeper’s pay cost more than would pay all the officers of the Convention for their services.—It was useless to continue thus, at an expense of over six hundred dollars a day—of one hun- dred an hour—we should only have such discussion as would aid us in our schemes of retrenchment, as much as we pay for it. WEDNESDAY, JUNE 9, 1847 31 He who first threw this gauntlet is responsible; on his head rests the extravagance who first introduced this useless matter. This is not the place to make a flourish—nor is it a place for ab- stractions like those on your desk. I cannot subscribe to them; they are but abstractions, why introduce and discuss them here?]® Mr. CAMPBELL of Jo Daviess said, that as there was some disposition to close the discussion, he would take the present opportunity of expressing his views in relation to the matter under discussion before the Convention, and he deemed that he was not doing more than he had a right todo. Those who complained so much of the great consumption of time, its cost and its waste, should remember that they had occupied their full share of the time that had been consumed in making speeches themselves. They should remember that there were many here who had never before been members of a deliberative body—he was one of them— and who were unacquainted with many things that were more familiar to others. He had come here to receive information on many points, and was in favor of a free and full discussion of every subject matter that came before them.—Others had come with written constitutions in their pockets, which, if the Convention would adopt, as no doubt the gentlemen desired it would, they might go home at once, and make great economy of time. He thought it his privilege, though one of the humblest members of the body, to express his views upon every subject that he deemed necessary to discuss; and the exercise of that privilege, which is guarantied to every delegate, would not be influenced by the time it would consume. He should pursue that course which his conscience dictated, regardless of what it might cost, or the time it might occupy. If he did not do so, he would not be true to the trust confided in him. He considered that every subject should be properly under- stood before they came to any conclusion; he was opposed to the hot haste that some were desirous to follow. Gentlemen had made statements in this Convention, had made speeches that would be spread before the people, which 5 The conclusion of Scates’ speech, which was omitted from the tri-weekly Tilinois State Register, has been taken from the weekly of July 11. hte 2 2 32 ILLINOIS HISTORICAL COLLECTIONS might lead to prejudicial results as to other delegates in that body. He was unwilling that this should be, unless along with them we spread the views of those who happened to - with those gentlemen. He did not believe in the omnipotence of this body. It was necessary, before we could come here, that there should be some legislation; that the Legislature should arrange those matters which should be done before we could convene. Could the people —the entire people—meet here at Springfield, the seat of govern- ment, and, without the previous action of the Legislature pre- scribed by the constitution, proceed to adopt the constitution? No, sir, they could not. We meet here by the authority of a supreme power, which has given vitality to this Convention? Are not the regulations of that supreme power binding and im- perative on us? Suppose a case: Let a vacancy occur in this Convention—how would it be filled? Could this Convention pass a law setting a day for the election of another to fill the vacancy? I hardly think any delegate would say it could. I apprehend it is not in our power to do any such thing. We must abide by the law which has called us here for a particular purpose. During the canvass for the members of this Convention, the tree of public sentiment has been shaken, and the fruits are now collected in this hall, and I am in favor of selecting the good and sound of ~ them, and of engrafting them on the constitutional stock. The Convention of the state of New York sat for four months, and complained that they had not sufficient time to discharge their duties; and I suppose no gentleman will dispute that there was as much talent in that Convention as in this. Yet the Legislature that called them together had limited the time of their sitting to four months, and they, proclaiming that they had not sufficient time to perform the duties assigned them, adhered to and obeyed that law strictly, as imperative upon them. We are sitting here making an organic law for ourselves and for our children; the duty is most important, and I am opposed to hasty action.—l want to deliberate, to reflect—time to have the aid of others’ experience and views to aid me. I desire all the aid and advantage to be derived from a full and]free interchange of sentiment of every delegate of this Convention. WEDNESDAY, JUNE 9, 1847 33 It has been said that the officers could be appointed by reso- lution, and such a resolution had been adopted the first day of this Convention. I have heard gentlemen of this Convention, who were members of the very Legislature that passed this law, and who voted for it, now come forward and denounce the law as inoperative, and declare we are not bound by it. They go further, and declare the Convention is above all law. Strange, strange, that gentlemen in the Legislature should vote for a law, and now get up here and denounce it, declaring that they had no power to pass it. Mr. LOGAN. The gentleman will allow me to say that this law was passed before the Legislature had fixed the pay of its members, and when I voted for it I had no idea the Legislature would fix that pay at $4 a day. Mr. CAMPBELL. Then I would ask the gentleman if he did not vote for the law which allowed members their present per diem? Mr. LOGAN. No, sir. I asked to be excused from voting. I had motives of delicacy to induce me to do so, which I need not repeat. I did not vote at all. Mr. CAMPBELL. Well, then, the gentleman says he did not vote against the bill, for reasons best known to himself. Mr. LOGAN. I hardly think the gentleman desires to mis- represent me. Mr. CAMPBELL. Certainly not, sir. Mr. LOGAN. I did not say that I did not vote for reasons best known to myself; but I did say from feelings of courtesy towards members who came here from a distance, and who might have supposed that, from the fact of my residing at the seat of government, I might be influenced in my vote. That was the reason, sir.. I would have voted against it if my vote would have had any effect. Mr. CAMPBELL. Well, the gentleman cannot clear him- self yet. He permits money to be taken out of the treasury, does not vote against the law, but quietly permits it to be passed, and - now gets up here and denounces the appropriation contained therein as extravagant.—Now, he had acted wrong, put the matter in any shape. If he, (Mr. C.) considered a principle wrong, he would be derelict in his duty if he did not resist it to 34 ILLINOIS HISTORICAL COLLECTIONS the utmost of his efforts. This would have been his course if he had been in the General Assembly. Were these assistant officers necessary? If they were, why not vote for them? If they were not, vote them down. But, no; they must have a discussion upon saving a dollar or two in the wages. They must listen to this everlasting retrenchment, whose ghost he really expected to see stalking about that hall, and shaking its gory locks at those — who were so continually invoking it. We are now in debt, say gentlemen. We are all satisfied of that. How are we to get out of it? Why, say they, cut down the pay of the door-keepers, and employ a few boysas pages! A gentleman delivers a speech full of commiseration for the widows and orphans who hold our bonds, and who are suffering from famine in foreign lands, and declares that we should not have a door-keeper, because we owe them money. I am willing that that speech shall go there, and the gentleman receive full merit for his commiseration for their suffering; but I want another speech of . that gentleman to go along with it. I want then to know that when an appropriation of $20,000, at the last session of the Leg- islature, was made for the completion of a magnificent building in Springfield, the same gentleman advocated it most strenuously, while at the same time these widows and orphans were famish- ing because we did not pay them our debts; and that he now is endeavoring to cut down two dollars a day from the salary of a man to wait on the delegates. Let these facts all go together, and then they can form a true idea of the sincerity of his com- miseration for the widows and orphans! Nhat would be said of a gentleman who was in debt, largely, to a number of widows and orphans—always a fine subject for tears—who would erect a magnificent building worth $20,000, for his own comfort and convenience, and then say to his servants, I owe a large debt to some widows and orphans who are famishing in a foreign land, and to enable me to pay them, I must cut down your pay one- half; to enable me to relieve their sufferings, I must lay a contri- bution on you? Look across the way, on the other side of your street, and you will behold a magnificent’ edifice, with large fluted columns, and Italian marble floors, erected at a time when ‘widows and orphans’ ¥ i be WEDNESDAY, JUNE 9, 1847 35 held their paper, which they could not, would not, never intended to redeem.—[Applause.] Was the gentleman’s voice heard then? —Let us, let them, let these ‘widows and orphans’ judge of the sincerity of the commiseration by facts. The time will come, the day is not far distant, when we may read, on the massive open panels of the door of that institution, this inscription, in chalky whiteness—“This house to let.” Yet it is hoped by some that out of the ashes of this institution, another, phcenixlike, will arise, with more brilliant plumage on its wing, a voice more finely toned to delusion, but with a keener glance of vengeance in its eye, greater strength in its pinion, and more power to destroy in its talons, which shall out-Herod its ancient ancestor; but I trust that ere this phcenix shall begin to live, these ashes to feel vitality, the fiat of this Convention will scatter them to the four winds of heaven. The sins of omission are not so bad in the sight of the people as those of commission. He would prefer, then, to stay within our proper undoubted bounds, rather than to venture on doubtful questions. Where is the restraint upon our powers? If we can appropri- ate one dollar, we can ten. So far as altering, amending, or abrogating the old constitution is concerned, we are (Mr. C. said) sovereign. But when we go beyond that duty, the constitution is as binding upon us as ever. That constitution Says no money shall be appropriated except by law. Who can make the law? Can this Convention? If the Legis- lature had not appropriated the money we could not receive one cent; nor can we say that any member of this body shall draw less than four dollars a day, as provided by the law of the Legislature. He had been an attentive observer of the proceedings of the Legislature of late. I have watched the progress of their economy. I have seen them, when a bill for the reduction of their own pay was before their body, voting for its passage, and, when it was on its way to the Senate, trembling, like Balthazar of old, with their knees shaking one against the other, with very fear that the Senate would pass their own bill. I have seen them running to and fro, electioneering with Senators to defeat the measure they dared not vote against. 36 ILLINOIS HISTORICAL COLLECTIONS Mr. LOGAN. I hope the gentleman does not allude to me as one of them. Mr. C. No, sir, no. The gentlemen have a great desire to have a starting point in their economy, and I have always noticed that they make small officers like door-keepers the starting point. When the magnificent building was proposed to be finished in Springfield, they found that that would not do for a starting point—‘‘you must commence with the door-keepers.” This, sir, is saving up pennies with one hand and scattering dollars with the other, while “widows and orphans” are famishing in foreign lands. He had heard a member in the Legislature declare that, during the whole session, he had not voted for an appropriation of a single dollar; yet that same man quietly pocketed the four dollars a day for his services. The gentleman from Sangamon had read an extract from the constitution of Vermont, which stated that the salaries of officers should not be so high as to induce persons to seek them. That — same gentleman, however, when the proposition was to raise the salaries of the judges, voted for it. Did he do this because there were no applicants for the office? No applicants in Illinois for judgeships! As regards the salaries of the judges, he was in favor of making them sufficiently large to command talent. Would any lawyer, he asked, who had by his talent and ability raised himself into standing and reputation, and whose practice allowed him to make $1,500 a year, accept a judgeship at one thou- sand?—Certainly not, particularly if he had a family to support and children to educate. He would always be in favor of fair and reasonable salaries to all officers. While we should not be prodigal on one hand, we should not fix the pay so low that it would not command talent. If low, men would seek it; if high, men would seek it; but if the pay were reasonable, men of talent would present themselves, would come into competition, and the people would elect them. He fully concurred with the opinion that this Convention could not compel a single delegate to forego one cent of the four dollars a day allowed by the Legislature. He was willing to contribute his share towards paying these officers, if the Convention would not elect them, but not one cent upon compulsion. WEDNESDAY, JUNE 9, 1847 37 Let the members obtain the certificate from the President, and go to the Auditor with them, and, though he has the resolution of this body on his table, he will not refuse to pay them what the law allows. If he does, get out a mandamus to compel him. He admitted that if the law of the Legislature in any way directed this Convention as to what charges should be made, so far it would be inoperative—would not be binding. Was it the inten- tion of any delegate to adopt a constitution as the organic law of the state without submitting it to the people? He was certain there was not, and therefore could see no propriety in discussing the point. The resolution of the gentleman from Pike states the object of this Convention to be to alter, amend, and revise the constitu- tion. I admit that for this purpose and object, the power of the Convention is omnipotent, but no farther. In conclusion, he hoped that after every gentleman had ex- pressed his opinion who desired to do so, we would proceed to the organization of the Convention——He was not for hot haste in any thing. The time taken up in discussing preliminary matters was not altogether lost; nor had there been more of it here than in other Conventions. Mr. WOODSON thanked the gentleman from Jo Daviess for the very liberal views he had expressed. He agreed with him that there was no necessity for haste. The matters that had been discussed would, at some future time, have been presented to us; and he considered it as well that they should be fully discussed and settled now. They had taken a wide range. He regretted that one gentleman from Fulton, who had participated much in the discussion, had thought necessary to move, to-day, upon every question that was presented, to lay on the table; thereby cutting off all opportunities for debate. Gentlemen had com- plained about the consumption of time. One of them, from Lee, had entered into a calculation upon the subject; and if we apply his calculation to his own speeches, it would appear that he had already cost the state $2,000. The only speeches that had been made on their side were those by the gentleman from Peoria and Sangamon. The Convention had voted down the proposition to have the printing let out to the lowest bidder, and that without 38 ILLINOIS HISTORICAL COLLECTIONS — debate. The gentleman from Fulton had expressed his determina ' tion to cut of{f] all debate, by moving to lay every proposition on the table, until the Convention had organized. Mr. WEAD explained that such was not his object. Mr. WOODSON resumed. He considered that the Conven- tion had sovereign power. Gentleman may speak of demagogue- ism, but he, when a principle was involved of such importance as that advocated by his friend from Sangamon, was of opinion that it was immaterial what the cost was, if the discussion would enable them to arrive at the true principles on which they should act. He had no idea that what he would say would have much effect upon the Convention; he spoke with great mistrust of his own power and abilities. He denied that this Convention was a creature of the Legislature—that it had called the Convention into being. They had been called there by a preliminary act of a former Legislature, on which the people had passed.—He- contended for the right of the Convention to say whether the constitution they might adopt should be submitted to the people or not. Mr. W. pursued the subject at some length, and we regret that from the want of space we cannot give the whole of the report of his speech furnished us.® Mr. WHITNEY advocated, briefly, the imniedenees organiza- tion of the Convention by the election of the remaining officers. Mr. KNOWLTON had been astonished and amused at the course which had been pursued by some gentlemen during this discussion. While he admitted that there was such a thing as economy of time, he would remind gentlemen that even the world — was not made in a day. He knew a man where he came from who had a constitution already written out, which, if he had thought of bringing [it] with him, might have been adopted, and they could now have been on their way home. He spoke at much length upon the importance of small matters when a great principle was concerned, and urged the necessity of always meeting them with an ample discussion. He would tell the gentleman from Jo Daviess that if the ghost of murdered Retrenchment came ®A longer account of Woodson’s og may be found in the Sangamo Journal, June 17. de fel ae Bi WEDNESDAY, JUNE 9, 7847. - 39 into that hall, the gentleman from Jo Daviess would never be troubled by him. He would never be called upon to explain, _ with Macbeth, ‘Avaunt! shake not thy gory locks at me, I did it ea not; because no one would think of accusing that gentleman of anything connected with retrenchment. Mr. K. continued the subject much further, alluding particularly to the desire of his constituents to have the enormous allowances made for printing reduced. Mr. Archer replied briefly to Mr. K. and urged the views presented by him when he offered his amendment. Mr. GREEN of Tazewell said that he had come here under the expectation of meeting civilized men in Convention; men that had been, at least, decently educated. But, no; those whom he had heard had given way ‘to the use of that weapon called sarcasm. Gentlemen had forgotten that courtesy which should teach them to speak to and of each other more respectfully. This he said had been the impression made on him. He said that if he had come into the hall while one of them was speaking, he would most certainly have thought that a certain young man had fancied himself a David; that on the other side of the room had sprung up a Goliath; and this young man was prepared with his small pebble and sling to kill the monarch of the Philistines. He had heard the law expounded by judges, doctors, and readers of the law, and had heard as many opinions of what the law was as he had persons discuss it——What was to be done? ~ When doctors disagree who shall decide? Mr. G. denied the power of the Legislature to control or limit the powers of this Convention. He hoped to hear no more about omnipotencey [sic]. There was no omnipotence among frail men—even if there were one hundred and sixty-two of them. Mr. LOGAN said it was not his wont to discuss questions after he had ascertained that such discussion was to have no effect. But he desired to say a few words in reply to what had been said concerning himself. Gentlemen had cast out insinuations upon the motives which had governed the actions and speeches of others; they might do so, for they had no effect upon him; he passed them by as the idle wind, which he regarded not. It had, also, been said that speeches had been made for Buncombe, &c.; 40 ILLINOIS HISTORICAL COLLECTIONS but he could assure gentlemen that he had as little use for such matters as any others. He had stated, when he first spoke, that the door-keeper and secretary were the trifling matters, and should not have contended on that point if it had stood alone. The gentleman from Clinton had offered this resolution, and he should have been the object of the gentlemen’s wrath. They had, however, permitted his friend to escape, and had poured out all their vials of wrath on his (Mr. L.’s) head. When he saw the vote this morning, he considered and was satisfied that the matter was decided; but the gentlemen had continued their attacks upon him. He had no desire to turn upon these gentlemen with angry feelings, for the truth was that there was no truth in anything that had been said of him, except what the gentleman from Jo Daviess had said. He cared nothing for the falsehoods; but when there was truth in the attack, he was disposed to admit its effect. He had not the least idea that the Legislature would raise the pay of the members above $3, and when they said $3.50, and sent it to the Senate, he was astonished. The Senate increased it to four dollars, and it came back to the House. He was disposed to vote against it, but in consequence of the motives of delicacy and courtesy mentioned before, and because he had just succeeded in getting through an appropriation of twenty thousand dollars, for the purpose of clearing away the dirt and rubbage scattered around this square, he interposed no objection to the per diem fixed. He felt he had done wrong, and he now candidly admitted that he was wrong in not voting against that which he considered wrong in principle. The law allowed some of the judges $1,500 and others $1,000, and to make them all alike, and as they were to remain in office but a short time, he had voted to pay them all alike. He still urged that the Convention should exercise the strictest economy. The state was insolvent. He had, in consequence of endorsing for a friend, become insolvent himself. He had prac- — ticed retrenchment in all of his expenses of living until he had paid every cent he owed. The state should do the same. He was willing to jeopard his popularity, and would go as far as any man in so doing, by making the people pay her debt. nies ~> WEDNESDAY, JUNE 9, 1847 41 Mr. ARCHER’S amendment was then adopted. The question was taken on the final adoption of the first resolution, and it was carried—yeas 87, nays 64. The second was also adopted. The Convention then proceeded to the election of an assistant secretary; when, H. G. Reyno ps received 84 votes; J. M. Burr, 60; J. S. Roperts, 5; and Mr. Reynotps was declared elected. The Convention divided on the nomination of Mr. R. Woop- RUFF, as assistant door-keeper; when he received 86 votes, and was elected. The Convention then divided on the election of a printer, and Messrs. LanpHIER & WALKER received 88 votes, and were elected. On motion, 200 hundred [sic] copies of the rules were ordered to be printed. And then the Convention ‘adjourned until 9 o clock, to-morrow. IV. THURSDAY, JUNE 10, 1847 Prayer by Rev. Mr. Dresser.’ Mr. MINSHALL presented a resolution setting forth proposed amendments to the present judicial system of the state; which was, On motion of Mr. MANLY, laid on the table. Mr. DUNSMORE presented a resolution. Adopted. Mr. WOODSON presented a resolution that the Convention should meet at 8, A. M., and adjourn at 12, M., and meet again at 3, and adjourn at 6, p. m., each day. Mr. CAMPBELL of Jo Daviess thought that sessions of six hours each day were enough in this crowded hall, and this season of the year. He was in favor of meeting in the forenoon, and allowing the afternoon for the committees. Mr. SINGLETON thought it would be more conducive to the health of the members that they should be in the hall during the heat of the day. Mr. SCATES was in favor of short sessions each day, and that the committees should have sufficient time to perform their work. He would vote to meet at nine, and leave the Convention to. regulate its time of adjournment. Mr. SHUMWAY opposed the resolution. Mr. ROBBINS was in favor of the proposed hour of meeting, but opposed to the fixed hours of adjournment, as such would 7Rey. Charles Dresser: born February 24, 1800, at Pomfret, Connecticut; 1823, graduated from Brown University; went to Virginia and studied the- ology with Dr. Meade (afterward Bishop Meade); 1829, ordained as minister of the Protestant Episcopal church; April, 1838, arrived at Springfield, Illinois; 1838-1852 (1855?), rector of St. Paul's Episcopal Church of Spring- field; November 4, 1842, performed marriage ceremony for Abraham Lincoln and ‘Mary Todd; 1855, elected Professor of Divinity and Belles Lettres in . Jubilee College and remained in that position some time; 1858, given degree of D. D. by St. Paul’s College, Missouri; returned to Springfield, where he died March 25, 1865. Bateman and Selby, Historical Encyclopedia of Illinois, 137; Bateman and Selby, Hzstorical Encyclopedia of Illinois; History of Sangamon County, 2: 889; Power, History of the Early Settlers of Sangamon County, 268, 269; Inter-State Publishing Company, History of Sangamon County, 659. 42 THURSDAY, JUNE 10, 1847 43 lead to much inconvenience to the Convention. He offered to meet at 8 A. M. Mr. PALMER moved to lay the resolution and amendment on the table. Carried. Mr. CONSTABLE offered a resolution providing that the Convention should meet each day at 8, A. M., and 3, P. M. Mr. ROBBINS moved to strike out “3, Pp. mM.” Lost. The resolution was then adopted. Mr. EDWARDS of Madison offered a resolution increasing the number of committees. Adopted. Mr. HAYES offered a resolution providing ie a submission to the people of every amendment to the constitution, separately. Mr. DEMENT moved to refer the resolution to the committee on the Revision and Adjustment of the Constitution. Mr. CONSTABLE moved to lay the motion of reference on the table; which was carried. The resolution was then laid on the table. ee x Mr. ADAMS offered a resolution calling on the Secretary of State for certain information relative to literary matters and the state of the school fund. Adopted. Mr. PETERS offered a resolution to amend the rules by adding that there shall be [a] ‘“committee on Townships.” Laid on the table. Mr. HARVEY offered a resolution to increase the number of committees by adding a “committee on the State Debt.” Laid on the table. A resolution was offered, and adopted, providing for a “com- mittee on Legislative Business.” Mr. DAVIS of Massac offered a resolution that a quorum of this Convention, to do business, shall consist of two-thirds of the delegates elected, (108 members to constitute a quorum.) Adopted. Mr. Z. CASEY moved that 200 copies of the constitution of the state be printed for the use of the Convention. Adopted. Mr. WOODSON presented a preamble and resolution setting forth various proposed alterations in the state government. Laid on the table. Mr. SCATES offered a resolution requiring information from 44 ILLINOIS HISTORICAL COLLECTIONS the revenue clerks of the different counties; which, after some. debate, and various proposed amendments had been voted down, was laid on the table. Mr. ARCHER presented a preamble and resolution relating to several proposed amendments to the constitution, and moved their reference to a committee. Mr. CONSTABLE moved to lay the motion to refer and the resolution on the table. Carried. Mr. SCATES presented a resolution that a select committee should be appointed to apportion the business among the several standing committees. Mr. KNOWLTON moved to lay the resolution on the table. — Which was carried. Mr. WHITNEY moved to adjourn till to-morrow, at 9, A. M., to enable the President to appoint the standing committees. Mr. BALLINGALL inquired of the Chair if that time would be sufficient. The CHAIR replied that he did not think he could appoint them before Monday next. Mr. WHITNEY then withdrew the motion to adjourn. Mr. McCALLEN offered a resolution providing that the standing committees should be chosen proportionately from the congressional districts. Messrs. WHITNEY and Apams opposed the resolution; and, on motion, it was laid on the table. Mr. DAVIS of Bond offered a resolution in relation to the judiciary. Laid on the table. Mr. PALMER of Macoupin offered a resolution on the same subject. Laid on the table. Mr. EVEY offered a resolution regulating the powers of the General Assembly, the pay of its members, &c.—Laid on the table. The Convention then adjourned till to-morrow, 9 A. M. V. FRIDAY, JUNE 11, 1847 Prayer by Rev. Mr. HAte.® The PRESIDENT laid before the Convention a petition, re- ceived by him through the post office, praying certain reforms in the judiciary department of the state government; which was read, in part, and laid on the table. Mr. NORTHCOTT presented a resolution proposing to give the Legislature power to levy a poll-tax, to be appropriated to certain purposes. Laid on the table. Mr. ROUNTREE presented a resolution establishing a court of record, and abolishing certain other offices. Laid on the table. Mr. JENKINS offered a resolution providing for the election of state and county officers, their salaries, members of the Legis- lature, and their per diem. Laid on the table. ' Mr. SCATES presented a resolution limiting the power, sala- ries, and term of office of the Executive, members of the Legislature, public printer, and other officers, and moved its reference to a committee of the whole Convention. He had embodied in it a series of questions which would occupy the time of the Convention hereafter, and he proposed that we should now go into committee where we might at once enter into a discussion of all the various subjects; and that the several committees might thereby be aided 8Rey. Albert Hale: born November 29, 1799, at Glastonbury, Connecti- cut; 1813-1821, clerk in country store at Wethersfield; 1827, graduated from Yale; agent of American Tract Society in South Carolina, Florida, and Geor- gia; returned to Yale and completed theological course; 1830, ordained. to the ministry; preached for a few months near Boston, making his home with Rey. Lyman Beecher; November 11, 1831, arrived at Shawneetown, Illinois; 1832-1839, made his home in Bond County, doing missionary work there and traveling over the state as evangelist; exercised a powerful influence over the Indians in Chicago; 1839-1866, pastor of Second Presbyterian Church of Springfield; devoted remainder of life to missionary work “‘among the extreme- ly poor and the pariahs of society;’’ died in Springfield, January 30, 1891. Bateman and Selby, Historical Encyclopedia of Illinois, 215; Bateman and Selby, Historical Encyclopedia of Illinois; History of Sangamon County, 2: 862; Power, History of the Early Settlers of Sangamon County, 348; Inter-State Publishing Company, History of Sangamon County, 605, 671. 45 46 ILLINOIS HISTORICAL COLLECTIONS — in arriving at the views of the Convention upon each subject. As there were no standing committees to which these resolutions — could be referred, he hoped they would adopt his suggestion, and refer them all to a committee of the whole. Mr. ECCLES agreed with the gentleman from aii and supported his proposition. Mr. JENKINS opposed it, as the debate on these questions would have to be all gone over again when the subject came properly before the Convention. He moved to lay the resolu- tion on the table. Carried. Mr. ROBBINS presented a resolution, that the detente from | each congressional district should meet to-day, at 2, P. M., and. appoint from their number a select committee of two from each district, to aid the Chair in appointing standing committees of the Convention; and supported his proposition with some remarks. Mr. CAMPBELL of Jo Daviess moved to lay the motion on the table; which was carried. Mr. SHIELDS offered a resolution, changing the time of holding state elections from August to November.—Laid on the — table. should be authorized to procure such well-bound books as were necessary for the keeping of the proceedings of this Convention; 2, that he should be authorized, when necessary, to employ a copyist; the purport of the third the reporter could not catch. On motion, the two last were laid on the table. Mr. Palmer of Macoupin moved to amend the first, by authorizing the employment of an additional secretary to do the copying. . The resolution and amendment were then withieueyy Mr. THOMAS renewed the resolution. Mr. LOUDON denied the necessity of the resolution. Mr. SINGLETON moved to amend the resolution by adding that a committee shall be appointed to inquire into the propriety and cost of employing a person to report the proceedings of the Convention for the state. Mr. THOMAS hoped the amendment would be withabepel ase it had no connection with the subject matter of the first. Mr. ARCHER offered three resolutions—1, that the secretary © if FRIDAY, JUNE 11, 1847 47 Mr. SINGLETON thought the subject was an important one, and that something of the kind should be adopted; but for the present withdrew his amendment. Mr. KITCHELL moved to amend, by striking out all after the word “‘resolved,” and insert “that the Secretary of State be requested to furnish the necessary books, and that the Con- vention proceed to the election of an assistant secretary, whose duty it would be to do the copying.” Mr. WHITNEY moved to lay the subject on the table. The question was taken on laying the amendment on the table, and decided in the affirmative—ayes 87, noes not counted. The motion to lay the orig[ilnal on the table was then with- drawn. Mr. KINNEY of St. Clair moved to amend by providing that the additional secretary perform the duty of copying the journal. Mr. ARCHER stated that he had not withdrawn his resolution because it conflicted with the resolution adopted yesterday. He thought very differently. He also considered that the Convention had an implied right over its officers, and power to direct their duties. Mr. KINNEY of St. Clair gave his reasons for offering the amendment. He questioned the power of the Convention to appoint officers other than by the name stated in the law of the legislature; at least, that such officer[s] could be paid without an appropriation by the legislature. ' Mr. SCATES said, that the Convention had a right to employ any officers necessary for the transaction of business, but they would have to wait for their pay until the legislature should make an appropriation for the purpose. He opposed action in the mat- ter at the present time, because there was not sufficient copying yet to be done to afford a man sufficient employment. He hoped they would postpone the matter. He moved to lay the matter on the table. Carried.” Mr. CAMPBELL of McDonough offered a resolution providing that no negro, Indian, mulatto, or other person of mixed blood, or one-eighth blood, should attain, have, or use the rights of citizenship under the constitution this Convention should adopt. 48 ILLINOIS HISTORICAL COLLECTIONS Mr. THOMAS moved to postpone the resolution till the first of December next. Carried. Mr. BROCKMAN offered a resolution that no new county shall be hereafter organized by the legislature, unless it shall contain an area of 400 square miles. Mr. WORCESTER offered a resolution providing for the election of state and county superintendents of common schools, &c. Mr. SHUMWAY moved to amend, by prohibiting the legis- lature from borrowing at any time any of the college or seminary funds. On motion of Mr. PETERS, the resolution and amendment ~ were laid on the table. Mr. BOSBYSHELL offered, as an additional rule, that no member, when addressing the Convention, shall speak over one hour. Laid on the table. Mr. KNAPP offered a resolution proposing, as a part of the new constitution, that no county shall be entitled to more than two members, &c.? Laid on the table. Mr. GEDDES offered a resolution providing that all elections hereafter shall be by ballot; to which was offered an amendment, that no one should vote at such elections except free white male citizens and such unnaturalized foreigners as had heretofore exercised the privilege. Laid on the table. Mr. WEAD offered a resolution calling for information from the Auditor about the public debt, the means present and pro- spective of paying the same, &c. Mr. DAVIS of Bond, believing no such information could be obtained, moved to lay it on the table, but withdrew the motion. Mr. WEAD said, his desire in presenting the resolution was to obtain all the information possible, with a view of putting in the new constitution some provision to liquidate the debt. He ° At the close of the debates for Friday, June 18, the Illinois State Register of June 19, published the following correction by Knap “Mr. Eprtor: Will you be kind enough to cabhe: this communication in your next paper, by way of correcting some errors, which have been made doubtless by your reporter unintentionally. Ina previous number you report “Mr. Knapp’ as offering a resolution that * no county shall have more than two representatives nor less than one.’ That was offered by Mr. BosBy- SHELL.’ a FRIDAY, JUNE 172, 1847 49 said that, even if all the Auditor knew of the matter had been reported, they could get that much information at least. The Auditor could tell them what property the state had, what means she had of paying the debt, and when the debt was payable. If it should turn out, (and this information would be of some assist- ance to them in coming at some conclusion,). that a low tax would pay the annual interest and finally the debt, they could decide on the measure. The state was laboring under the stain of not having provided for the payment of the interest on her debt, and his constituents felt more interest in that than in any other matter. Mr. LOGAN was in favor of the resolution, but he suggested that part of it was misdirected. It would be as well, indeed more proper, to address the first part of the resolution to the Fund Commissioner. The amendment suggested was accepted. Mr. Z. CASEY suggested that they could perhaps obtain more information by directing the inquiry to the Governor, who had returned from the east, where he had gone in relation to some matters connected with the state debt. He no doubt possessed the information. Mr. LOGAN said, that he had spoken under the impression that the Governor had not returned. Mr. WEAD accepted the suggestion as an amendment. Mr. SHUMWAY moved to add, that he be requested to inform them’ of the result of his negotiation; which amendment was accepted. Mr. PALMER of Macoupin suggested that it would be proper to amend by asking the information so far as the Governor might deem did not conflict with the public interest. Mr. WHITESIDE said, neither the Fund Commissioner or the Auditor could furnish the information called for by the resolution. Those officers had been called upon before, and there were no materials in their possession upon which they could report. He suggested some other officer. Mr. Z. CASEY said, the Governor, if required to furnish the information, could call upon all the different officers to furnish him with what each particular branch of the government had charge of. He hoped the resolution would pass. 50 ILLINOIS HISTORICAL COLLECTIONS Mr. DEMENT hoped the resolution would pass; and by calling tg ; upon the Governor for the information he possessed, we could receive all that was possessed by the various officers under his — control. The resolution was then adopted. Mr. GRIMSHAW offered a resolution calling upon the various county clerks for information in regard to the revenue of their respective counties, &c. Carried—yeas 78, nays 22. Mr. WOODSON offered, as an additional rule, that no standing. rule of the Convention should be rescinded or suspended, except by a vote of two-thirds. Lost—ayes 39, noes not counted. Mr. SCATES moved that the rules adopted by the Conven- tion some days ago be referred to a committee of the whole, for the purpose of amending or altering them. .Mr. THOMAS asked if the rules had been adopted by the Convention for their government; and, if so, had the vote by which they were adopted been reconsidered? The CHAIR replied that the rules had been adopted; that the vote adopting them had not been reconsidered; and that he — did not think it in order to refer the rules, as moved by the gentle- man from Jefferson. Mr. DEMENT inquired if any delegate were to propose an amendment to the rules, whether it would not be in order to refer that amendment to the committee of the whole; and, being answered in the affirmative, said he hoped they would follow the suggestion. Mr. Z. CASEY said, he thought there was no necessity for the Convention to go into committee of the whole to amend the rules. They were the rules of the Convention, adopted by the Conven- — tion, and governed by the Convention could do with them as they pleased.—They had adopted them, and, at any time, could — alter or repeal them. If you refer the rules to the committee, — they govern there as well as in Convention, and you could do no more there with them than here. He thought it better and ~ easier for the Convention to amend the rules than by referring them. Mr. WOODSON agreed with the gentleman from Jefferson last up. He was satisfied that gentleman was right. The > > ee Fs ‘ on ‘ eS SS cae ge ee Oe ane cea “ we ae ee = Oe Sie A eee eed ' FRIDAY, JUNE 11, 1847 si Convention could, by a bare majority, amend the rules, and there was but little to be done in amending them. Mr. DEMENT said, that he was not anxious to get the matter into committee of the whole, but as the gentleman from Jefferson had expressed a desire to that effect, he had only made a suggestion as to the proper means of arriving at his object. He had voted against the resolution requiring a two-third vote to amend the rules, because he knew the rules had been adopted without discussion, and that, perhaps, some members desired to have them altered. He was satisfied with them, and, when they had again been voted on, would be in favor of the two-third rule. Mr. DAVIS of Bond had been informed that the rules had been adopted by the Convention; there was no necessity of a further discussion of them. If it was desired to amend, let the proposition be made and voted on. Mr. SCATES had no other desire in moving to go into com- mittee of the whole than that of economizing time. He had no intention to propose any amendment, nor was he in favor of chang- ing any of them, except, perhaps, the number required by the 6th rule to demand the yeas and nays. He might vote to reduce - it from ten to a smaller number. Mr. PALMER of Macoupin said, that as gentlemen had expressed themselves satisfied with the rules, he would move to reconsider the vote by which the two-third rule had been rejected. He had voted against it because gentlemen desired to discuss and amend the rules; there being none such now appearing, he was for having stability in them. He made the motion to reconsider. Mr. LOGAN thought it too soon to adopt the two-third rule in regard to amending the rules. He hoped the members would allow the rules to stand a little while longer, until they should have time to try them and see how they answered. He knew little or nothing about rules—he was no connoisseur in them; he wished to try what they had adopted; and if they found anything wanted amendment, they could adopt it. Mr. PALMER withdrew his motion to reconsider. Mr. MARKLEY moved to strike out “‘ten,” in the 6th rule, and insert “four.” Mr. LOGAN said, this thing of calling the yeas and nays 52 ILLINOIS HISTORICAL COLLECTIONS | occupied great time, and he was sure there could arise no questions ~ where it was in the least important to have them, but ten members could be found who would second the demand. He could not conceive a case where this would occur. There was no charm in the numbers ten or four, and he thought ten was small enough. Mr. EDWARDS of Madison opposed the change because, from experience, he knew the time uselessly occupied and wasted in calling the yeas and nays. The CHAIR suggested that it was necessary to reconsider the vote by which the rule had been adopted, as it was not in order to amend what had been passed. Mr. MINSHALL moved to reconsider the vote by which the rules had been adopted, and asked the unanimous consent that it be passed now, and not lay [sic] over for three days. Mr. PRATT thought the proper way to bring the rules before them was to suspend the 17th rule, which required three days’ notice of every motion to reconsider. Mr. LOGAN hoped they would be taken up by unanimous consent; they had nothing else to do, and they might as well dispose of that matter. Mr. SHUMWAY thought still, that, even by unanimous consent, they could not be taken up on a motion to reconsider; and he moved to suspend the 17th rule, to enable them to do so. Mr. PRATT agreed with the gentleman last up, and pressed the matter on the attention of the Convention. Mr. SHERMAN proposed the reading of the rules one at a time, and that all propositions to amend should be made then. The CHAIR ruled that they could take a vote on the motion to reconsider by unanimous consent. Mr. WILLIAMS was willing to take the vote now, as he hoped they would get to the discussion of the great questions they had been sent here to settle. It would be time enough to amend the rules when we had discovered that we had been too hasty in adopting them.—If the majority thought proper to change — the number in the 6th rule, and put it in the power of a few to demand the yeas and nays, they could at any time do so, and he would not now object to a vote on the matter; but he was not in FRIDAY, JUNE 11, 1847 53 favor of lessening the number; on the contrary, he would prefer that it was greater. Mr. BUTLER moved the previous question. The CHAIR said that, upon reflection, he thought the motion to suspend the 17th rule was the proper one. Mr. POWERS advocated the suspension. The question was taken on suspending the 17th rule, and agreed to. Mr. DEMENT called for the reading of the rules. Mr. Z. CASEY proposed that they should read the rules one after another, commencing at the first and continuing on till done with them; and that members, having amendments, should offer them at the reading of the rule they desired to amend. He said that, as an excuse to the Convention for having interfered in this matter so much, he would state that he was a member of the committee that had reported these rules, and he was somewhat surprised that this Convention adopted them so hastily. It was an unusual thing, and he had considered it somewhat of a com- pliment to the committee, who had drawn them up in a great hurry. Mr. PALMER of Stark said that it was, in his opinion, pre- mature to revise the rules of the Convention at this time. He was willing to retain them as they were until it appeared that there was something in them which impeded the progress of the Con- vention in the transaction of its business. Mr. THOMAS said, he hoped the vote would be taken whether the Convention was satisfied with the rules, as they stood at present, or not. As to the number which should be in the 6th rule to demand the yeas and nays, he was in favor of 20 instead of 10. It reminded him of an anecdote which he had heard in the Legislature when it sat in Vandalia. The House of Repre- ‘sentatives gave one of its members leave of absence till the first of March, because he called the yeas and nays so often. Mr. BALLINGALL was in favor of an amendment to the toth rule; he was in favor of striking from that rule the exclusion of the yeas and nays from the proceedings of the committee of the whole. In committee, the most important questions would be decided, and put in the constitution they would adopt, and yet their constituents could not tell how they had voted. 54. ILLINOIS HISTORICAL COLLECTIONS Mr. EDWARDS of Sangamon offered two additional rules; which were adopted. Mr. DAVIS of Bond called for the reading of the rules. The PRESIDENT then read the rules one after the other, pausing between each for propositions to amend. At the 12th rule, Mr. McCALLEN moved to substitute for the rule as it now stands, the following: “All standing committees shall be ap- pointed by the President, to be chosen alternately, two members from each congressional district; and that such committees shall, by ballot, select their own chairmen.” The amendment was lost. Mr. ROBBINS moved to amend the 16th rule, by adding thereto—‘‘and each member, while speaking, shall confine him- self to the subject matter before the Convention.” The House was dividing on the amendment, when the sho and nays were demanded, and ordered. Mr. EDWARDS of Madison said, the amendment was entirely unnecessary. It was the duty of the President to confine o Ms members to the question before the Convention. Pending the call of the yeas and nays, the Convention fe +a journed till 3, Pp. M. AFTERNOON Mr. ROBBINS withdrew his call of the yeas and nays. Mr. PRATT renewed the call. Mr. HAY moved to amend the amendment, by limiting all speeches to thirty minutes. The amendment to the amendment was laid on the table—yeas 80. The amendment was then laid on the table—ayes 8 5, noes not | counted. Mr. MARKLEY moved to amend the 17th rule, by striking » out all after the word “Convention,” in the 3d line. Lost. Mr. PALMER moved to strike out all from the word “except” to the word “‘twice,” inclusive, in the 18th rule. Lost. A rule, that the rules of the Convention might be suspended ~ or amended in part, or in whole, by a vote of two-thirds, was — offered by some member (name not known to the reporter) and — adopted; also, a rule that a motion to adjourn, the previous ee .F FRIDAY, JUNE 17, 1847 55 question, to lay on the table, to refer, to postpone, and to postpone indefinitely, should always be in order, to be decided without debate, and should have precedence in the order named, was adopted; and then the rules were concluded. Mr. WILLIAMS hoped that the resolutions offered yesterday by the gentleman from Green (Mr. Woodson) would be taken up, by the Convention, from the table, and that we would now proceed to the discussion of the principles contained in them. By so doing, we would be approaching nearer a decision of something. Without this, there would be nothing for us to do. The motion was carried, and the following resolutions were taken up: Resolved, That the government of the state of Illinois shall consist of three co-ordinate departments, each independent of the other; and that the powers of the government should be so divided and so distributed among these departments that neither of them could, without the consent and co-operation of at least one of the others, injuriously affect either of the Baas rights of personal liberty and private property. Resolved, That the necessary distribution of power for this purpose is into legislative, judicial, and executive departments: the first is to prescribe general rules for the government of society; the second, to expound and apply these rules to individuals in society; the third, to enforce obedience to the judgment and decrees of the second, and see that the laws are faithfully executed. The propriety of arguing and discussing these resolutions, at the present time, was urged by Messrs. WiLtiams, Locan, Servant, Davis of Bond, Brockman, and MInsHALL, and opposed by Mr. Patmer of Stark. (Mr. WILLIAMS said, that it would be perceived that if we now proceed to the discussion of these resolutions, and interchange our sentiments and views upon them, and come to a decision on the subjects contained in them, that we will decide the three great questions—the executive, judicial and legislative depart- ments—to be decided; and that after that we would have but little more than a bill of rights. It is important that the Convention should commence the dis- 56 ILLINOIS HISTORICAL COLLECTIONS — cussion. If we took but a single question at a time, and every member who desires to do so would express his views and propose his amendments, we would soon get through; and in this way we will have done the most of what we came here to perform. I move, then, that we take them up—these two first resolutions and discuss them coolly and calmly, and then proceed to the dis- cussion and decision of the others. Mr. SERVANT said, that if the Convention was disposed to economize both time and money, he would suggest to the gentle- man from Adams, to permit these resolutions to be laid on the table, to have them printed in bill form, so that members would be enabled to understand and see these resolutions before them and in such a way that they might examine and weigh the matters contained in them. He thought that some of the propo- sitions contained in these resolutions could not be better nor more in accordance with his views; and to others, also contained in them, he was opposed. He was in favor of taking up all the great questions one at a time. For instance, in the first place, we might discuss the proper number of senators and representatives to constitute our General Assembly, the length of time they should sit, whether annual or biennial sessions, the per diem to be allowed them, &c. After we had fully discussed this branch of the government, we might proceed to the Executive department; take up the Governor and the Lieutenant Governor, discuss the proper time for them to hold office, their salaries, powers, &c. Then we might pass to the Judiciary, settle the number of judges, the length of their terms of service, if elective, their salaries—both supreme and circuit courts, and all matters connected with them. It would be idle for any committee of this Convsneee to dis- regard the expressed views of the members. If gentlemen would not speak of the time consumed in debate but had proceeded to the organization and pursued the legitimate business of the Con- vention; if they who spoke most of the economy of time, had not themselves consumed, some of them, five, four, three and two hundred dollars worth of time, much might have been done. It was not too late yet to retrace their steps. Let them then go to work, perform the business they were sent here to transact, and (ee z FRIDAY, JUNE 11, 1847 57 then they would not be afraid to go home to their constituents, who would receive them with approval of ‘‘well done, good and faithful servants.’” Let us do this; let us take up and discuss these great questions, and after we shall have expressed our opin- ions upon them, nothing will be required but a committee of revision to prepare them in detail, and then go home. Mr. PALMER, of Stark, said that he held in his hand the act of the Legislature which called them together to revise, alter and amend the constitution of the State. We had met under that call. He also held in his hand the present constitution of the State. He supposed the proposition to amend would begin with the first article of that constitution, and that, pursuing a similar plan as that followed in relation to the rules, we would go down, article after article, section, after section, until we had gone through with it, amending it as we went along in every place that we thought it needed amendments. This, it seemed to him, would be the proper course; to follow the other would be to act as if there was no constitution of the State now in force nor in ex- istence. He hoped they would take it up article by article, and amend it so far as they thought it required to be done. Then, after having gone through with it and made all the amendments necessary, let members propose new articles, to be added to the constitution, and we could adopt such as we thought proper and conducive to the general welfare and prosperity. He appealed to his friends and fellow-citizens of the Convention to adopt this course. These resolutions were nothing but the expression of individual opinions, to have them printed would cost the State a great deal of money, and if they were printed there would be others to be printed, for all of which the State would have to pay.]® Mr. WILLIAMS said, ithad been suggested to him that it would be just as well to lay these resolutions on the table, and have them printed, and made the special order for Monday next. [Mr. LOGAN. Icansee no benefit in postponing this matter. Why not begin now? What else have we to do? Why not pro- _ © The detailed reports of these speeches have been taken from the weekly Illinois State Register, June 18. 58 ILLINOIS HISTORICAL COLLECTIONS Bw ceed in the discussion of the questions proposed in these evalu: tions? Why not hear the different opinions, views and senti- ments of the members and melt them down—amalgamate them into one? Hear the views of gentlemen on these principles, in opposition to them, and the modifications of them. Here are assembled one hundred and sixty-two members, each hasan opinion; we had better have them melted down one into another— modify one member’s opinion by that of others. He hoped they would select some subjects— he did not care what—and proceed now, this very afternoon, to the discussion of them. They had nothing better to do; nothing else to do. Mr. DAVIS, of Bond, said, that the remarks of the gentleman from Sangamon were very applicable. He, too, hoped they would proceed to the discussion of the various subjects that were open to them, and which must be, in some form or another, discussed. There must, at some time, be an opinion expressed on these sub- jects. There was the election of the judges, how the courts should be ‘organized, the naturalization laws, the great question of banks. These are questions upon which the Convention would have to act. There were 162 members of the Convention, all had an opinion, they must at some time be reduced toone opin- — ion—why not commence, then, the discussion this afternoon? Take up the judiciary—it may be the first question; take up the legislative department, that may be the first question. Let us get an opinion on any one of these subjects. Take either of them up and discuss it, and then pass on to the others, and until in this — way we ascertain the sense of the Convention upon them all, and the work will be done. Mr. BROCKMAN was glad to see the desire of gentlemen to get on with the work of the Convention. The best way of serving their constituents was to be doing the work they had been sent there to perform. There were three leading questions upon which they would be called to act—the executive, legislative and judici- ary departments of the State—upon either of which we might have an immediate discussion. Every delegate had an idea of a constitution in his mind, and of what it should be. By commenc- ing the discussion now we might get through the labors of this Convention in six weeks; but if we get along only as we have done =o <<. See = 2° ee oe ee Se < a3 eo)

. , es ie >. As 7 a! vi" ae ee ere ee ee a a : i x ae “ i. Ze? -< f - ] ! 3 . FRIDAY, JUNE 11, 1847 63 neither of them could, without the consent and co-operation of at least one of the others, injuriously affect either of the great rights of personal liberty and private property.” Mr. NORTON said, he had been in favor of laying the resolu- tions on the table and printing them, to enable members to under- stand them correctly. One person would understand them one way, and one another. Mr. HARVEY moved to strike out the sentence. Mr. WOODSON said, he would explain the meaning. Suppose the Legislature should pass a law to hang a man without a trial by his peers—without the approbation of any tribunal. Is it possible that any law should be recognized as a law until passed upon by the judiciary? The Legislature can pass no law affecting life or liberty with- out the co-operation of a co-ordinate branch of the government. Mr. WILLIAMS explained further, by saying that the Legis- lature might pass a law that a man should be hung without trial, and send a committee out to execute it; they are precluded from so doing by this provision—They pass laws affecting the rights of private individuals, and this provision is introduced to prevent an abuse of that power. Why distribute the power of government into several branches? Because one branch of the civil magistrates may become corrupt, and there should be some provision in case that, if one branch should become corrupt, the other should control it. Mr. DAVIS of Bond. The gentleman from Greene says, in the proposition before us, that no one power can affect life or liberty without the co-operation of another. He does not say which one. Suppose the Legislature did pass a law to hang a man without a trial by his peers, and that it should obtain the co- operation of the Governor, that would be another branch of the government—but not the right one, I should think! Mr. Z. CASEY would suggest to the gentleman from Greene that his proposition did not materially amend the constitution. It would appear, said he, that that article of the constitution is not essentially amended by the proposition of the gentleman. In his mind, they should not attempt to amend the constitution unless they obviously did amend it. The old constitution, as he 64 I LLI NOIS HISTORICAL COLLECTIONS — had hinted before, was, in many parts, better than any thing new they could adopt. We had better let it alone unless we did materially amend it. Mr. WOODSON. If the proposition does not materially affect the constitution, there can be no harm in it; nothing objec- tionable—nothing to fear in it, if it contains essentially what is in the constitution. It is only declaring our opinion that what was in the old should be in the new. Mr. BALLINGALL moved that the committee rise and report that they had had certain resolutions under consideration, had made no progress therein, and ask leave to sit again. The PRESIDENT took the chair, and the chairman of the committee so reported. Several members then rose, and declared that it was not their understanding of the report that was to be made. The chairman was allowed to amend his report. On motion, the Convention adjourned till Monday next, at g o'clock, a. M. VI. MONDAY, JUNE 14, 1847 Prayer by the Rev. Mr. Patmer.” Messrs. Greco, of Cook and LasaTer, of Hamilton appeared, were qualified and took their seats. The president announced the standing committees of the Convention; which are as follows: Executive Department—Messrs. Lockwood, Rountree, Vance, Manly, Swan, Sharp, Huston, Evey, Worcester, Hay and Frick. _ Fudiciary—Messrs. Scates, Logan, Henderson, Ballingall, Hoes, Harlan, Farwell, Minshall, Wead, Davis of Massac, and Hurlbut. Legislative Department—Messrs. Dement, Williams, Dale, Constable, Thompson, Zadoc Casey, Witt, Servant, Marshall of Mason, Peters, Judd, Rives, Pace, Powers, and Heacock. Bill of Rights—Messrs. Caldwell, Grimshaw, Cross of Winne- bago, Trower, Webber, Knapp of Jersey, Sim, Carter, Atherton, and Hunsaker. . Incorporations—Messrs. Harvey, Dummer, Bosbyshell, Ed- - monson, Green of Tazewell, Anderson, Kinney of St. Clair, Allen, Whitney, Spencer, and Lasater. Revenue—Messrs. Zadoc Casey, Thomas, Green of Clay, Knox, Laughlin, Palmer of Marshall, Stadden, McClure, Eccles, Jones, and Vernor. Elections and Right of Suffrage—Messrs. Davis of Massac, Green of Jo Daviess, Marshall of Coles, Brown, Geddes, Ballingall, Hawley, Armstrong, McCallen, Oliver, and Knowlton. Finance—Messrs. Sherman, Davis of Montgomery, Hogue, Archer, Robbins, Dunlap, Blakely, Brockman, Pratt, Mieure, Harper, Roman, Hatch, Adams, and West. Education—Messrs. Campbell of Jo Daviess, Edwards of Madi- son, Shumway, Smith of Gallatin, Palmer of Macoupin, Pinckney, 2 This was apparently Henry D. Palmer, delegate from Marshall County. “He has frequently been called upon toserve as chaplain.”’ Chicago Democrat, August 17, 1847, Springfield correspondence of August 10. See biography in appendix. 65 66 ILLINOIS HISTORICAL COLLECTIONS Matheny, Choate, Harding, Churchill, Turner, Tutt, Reba and Shields. Organization of Departments, and Officers connected with the Executive Department—Messrs. Archer, Gregg, Edwards of San- gamon, Miller, McCully, Lander, McCallen, Church, Akin, Loudon, Kinney of Bureau, Sibley, Kenner, and Moffett. Division of the State into Counties and their Organization— Messrs. Jenkins, Lasater, Blair, Markley, Simpson, Graham, Mason, Cross of Woodford, Turnbull, Canady, and Hill. Militia and Military Affairs—Messrs. Whiteside, Morris, James, McHatton, Deitz, Holmes, Kreider, Huston, Tuttle, Smith of Macon, Dawson, Moore, and Jackson. Revision and adjustment of the articles of the Constitution adopted by this Convention and to provide for the alteration and amendment of the same—Messrs. Edwards of Madison, Scates, Logan, Allen, Knowlton, Butler, Singleton, Holmes, Caldwell, Norton, Farwell, Gregg, Woodson, and Thomas. Miscellaneous Subjects and Questions—Messrs. Crain, Bunsen, Campbell of McDonough, F. S. Casey, Colby, Cross of Woodford, Dunn, Dunsmore, Lemon, Lenley, Nichols, Smith of Macon, and Northcott. ‘ Law- Reform—Messrs. Hayes, Knapp of Scott, Woodson, Thornton, Kitchell, Davis of McLean, Bond, Norton, Thomas, Kinney of St. Clair, and Edwards of Sangamon. [Mr. CALDWELL requested to be excused from service on the committee on the Bill of Rights; which was granted.]® Mr. DEMENT moved that 200 copies of the rules be printed. Carried. The president laid before the Convention a communication from the Secretary of State, on the subject of common schools. Laid on the table. Mr. SHUMWAY introduced a resolution containing the following propositions: 1. That the new constitution shall prohibit the Legislature from imposing, continuing or reviving a tax—creating a debt— making, continuing or reviving any appropriation of money or property; or which releases, discharges or commutes any claim of 13 Added from the weekly I//inots State Register, June 18. MONDAY, JUNE 14, 1847 : 67 the State except by yeas and nays, duly entered on the journals; and three-fifths of either House shall be necessary to constitute a quorum upon the passage of such acts. 2. That no appropriation shall be paid out of the State treasury, except in pursuance of law, and within a certain period after its enactment. 3. That the Legislature shall not grant extra pay to any public agent after such public service shall have been performed, or contract entered into for the performance of the same. 4. And shall also have power to make deductions from salaries of public officers, who neglect the performance of any public duty assigned them by law. Referred to committee on Legislative Department. Mr. DEMENT offered the following resolution: Resolved, That the order of proceeding in the amendment, revision or alteration of the present constitution of this State, shall be the reading of the articles and sections thereof, in their order, and referring them, together with such amending proposi- tions as may seem expedient, to appropriate committees, for their consideration. Mr. D. said, that this resolution, or one similar to it, should be adopted in order to establish, as early as practicable, some system by which the business of the Convention could be expedited. Mr. BROCKMAN moved-to strike out all after the word “resolved” and insert various amendments to the constitution. Mr. ROBBINS was in favor of the resolution of the gentleman _ from Lee (Mr. Dement.) He thought that if every member should at once present all his views upon every subject embraced in and connected with the constitution, it would take several months to get through. He thought,the original resolution was calculated to establish a systematic mode of procedure. He moved to lay the amendment on the table. Agreed to. Mr. PALMER supported the resolution. He was for estab- lishing order. Without it they could not proceed with dispatch in the business for which they had been called together. Order was the first law of nature. He thought that the submission to the consideration of the Convention, of skeleton constitutions embracing every subject, was calculatéd to delay action. The 68 ILLINOIS HISTORICAL COLLECTIONS 4 multiplicity of ideas and propositions, thus presented, would keep them here, they do not know how long. Mr. KINNEY offered a substitute to the resolution, the substance of which was as follows:—That so much of the constitu- tion as relates to the executive, the judiciary, and legislative departments, be referred to the committees on those subjects, and so also, in regard to questions of finance, education, elections, corporations, &c., each subject being referred to its appropriate committee.—He also embodied in his resolution, instructions to the committee on incorporations, to report against the creation of banks in this State, and that no corporation be permitted to issue paper money, and that the property of members of corpora- tions be made liable for the debts of such corporations. Mr. ROUNTREE offered a substitute to Mr. K.’s substitute, and differing from it only in leaving out the instructions. Mr. CAMPBELL, of Jo Daviess, advocated Mr. DEmEnt’s : resolution. Mr. ROUNTREE spoke in favor of his own substitute. The discussion was continued by Messrs. Kinney of MET CAN f KitcHe tt, Davis of Bond, Dement and Henry. Mr. GEDDES also participated in the debate, and moved to lay the substitute on the table. Mr. Z. CASEY suggested that the two substitutes be withdrawn by the gentleman who offered them; which they agreed to. The resolution offered by Mr. Dement was further discussed — by Messrs. THomas, Locan, DEMENT, and RounTREE, when the Convention Adjourned till two o’clock. AFTERNOON The Convention took up the resolution of Mr. Dement, which was under consideration at the time of adjournment. Mr. DEMENT stated that he had modified the resolution which was pending at the adjournment so as to read as follows: _ Resolved, That in Convention the order of proceeding in the amendment, revision, or alteration of the present constitution of this State shall be, to take it up and read, in their order, the Ce - = =. hie oe ~ fe MONDAY, JUNE 14, 1847 69 articles and sections thereof, and referring the amending proposi- tions to appropriate committees for their consideration. Mr. ROUNTREE then moved the amendment submitted by him in the forenoon to the original resolution offered by Mr. DeEMENT; which was accepted by Mr. D. Mr. SHUMWAY offered a substitute to the resolution; which was rejected. The question then recurring on Mr. DEMENT’s resolution, it was adopted. Mr. WOODSON offered a resolution that when a committee submits a report, it shall be taken up and disposed of before any other business. Adopted. Mr. MARKLEY offered the following resolution: Resolved, That the committee on Incorporations be, and they are hereby, instructed to report an amendment to the constitution prohibiting, forever, within this State, the incorporation of any bank or company for banking purposes, and the manufacture and emission, by any company, copartnership or individual, of any bank note, or other paper designed to be circulated as paper money. _ Mr. PRATT offered the following substitute to Mr. M.’s resolution: Resolved, That the standing committee on Incorporations be instructed to inquire into the expediency of reporting the following provisions, to be adopted in the amended constitution: 1. There shall be no bank of issue or discount within this State. 2. The Legislature shall not have power’ to authorize or incorporate, by any general or special law, any bank or other institution having any banking power or privilege, or to confer _ upon any corporation, institution, person or persons, any banking _ power or privilege. 3. It shall not be lawful for any corporation, institution, person or persons, within this State, under any pretense or author- ity, to make or issue any paper money, note, bill, certificate, or other evidence of debt whatever, intended to circulate as money. 4. It shall not be lawful for any corporation within this State, under any pretense or authority, to exercise the business of receiving deposits of money, making discounts, or buying or 70 ILLINOIS HISTORICAL COLLECTIONS selling bills of exchange, or to do any other banking business whatever. 5. No branch or agency of any bank or banking institution of the United States, or of any State or Territory within or without the United States, shall be established or maintained within this State. 6. It shall not be lawful to circulate within this State, after the year 1848, any paper money, note, bill, certificate, or other evidence of debt whatever, intended to circulate as money, issued without this State, of any denomination less than $10, or after the year 1850, of any denomination less than $20. 7. All payments made, or business done, in paper money in this State, and coming within the meaning of the last section, are declared utterly void; and the Legislature shall, at its first session, — after the adoption of these amendments, and from time to time thereafter as it may be necessary, enact adequate remedies for the punishment of all violations and evasions of the provisions of the preceding section. The PRESIDENT stated that the presentation of these last two propositions was premature, they being inhibited by the adoption of Mr. DEMENT’s resolution. Mr. MINSHALL moved to suspend the rule for rani oe was done, when Mr. MARKLEY again offered his resolution on the subjects of banks, and Mr. PRATT also offered his on the same subject. Mr. THOMAS moved to refer both to the committee on Incorporations. Carried. Mr. ———-——— offered a resolution to abolish the council of Revision. Carried. Mr. EDMONSON offered a resolution concerning revenue. Adopted. Mr. DAWSON offered a resolution, that pleasure carriages, watches, &c., be taxed, and the proceeds added to the school fund, which, after being amended, so as to make fines and forfeitures as a part of the School Fund, was adopted. Mr. DAWSON offered [a] resolution, that the office of public printer be abolished. Referred to the committee on Finance. EN ae Sa erg r MONDAY, JUNE 14, 1847 71 Mr. ARCHER offered a resolution, that the Executive committee inquire into the expediency of limiting the authority of the Governor to pardon criminals; which was adopted. He also offered a resolution that the legislative committee inquire into the expediency of prohibiting the State to borrow, unless the bill for such purpose shall have first been submitted to the people, _ except in cases of extreme emergency, and then loans only to a limited amount may be borrowed. Mr. DEMENT offered a resolution, that an article be incor- porated in the constitution, limiting the Legislature to one hundred members—thirty senators, and seventy representatives. Mr. CASEY moved to strike out all after the word “resolved,” and insert a provision that there shall be sixty members—forty in the House and twenty in the Senate, elected for two years, sessions not to exceed sixty days—pay of members two dollars per day. Mr. EDMONSON moved to amend, so as to provide for a biennial session of the Legislature—sessions to hold not exceeding sixty days, both branches to consist of one hundred members— pay two dollars a day for coming, attending and returning. Referred to the committee on the Legislative Department. Mr. WOODSON offered as a provision in the constitution, that each male inhabitant, over twenty-one years of age, pay a capitation tax of one dollar, to be applied in payment of the State debt. Referred to the Revenue committee. Mr. SHUMWAY offered a resolution, that the Judicial com- mittee inquire into the expediency of providing by the constitution, that no judge of the circuit or supreme court shall be elected during his term of office, to any office of honor, trust and profit, except in the case of a circuit judge who may be elected to the supreme bench—an offer to be a candidate to be regarded as a voluntary resignation of office. Mr. CAMPBELL, of Jo Daviess, offered a resolution, that the Judiciary committee inquire into the expediency of amending the constitution so as to provide that sheriffs shall not be elected for alonger term than three years, and they shall not be eligible for a second consecutive term; that the officer [sic] of Lieutenant Re ILLINOIS HISTORICAL COLLECTI ON: S Governor be abolished, and that an additional secretary ~ appointed to report the debates of this Convention. Mr. WEAD moved to amend so as to abolish the office of Attorney General. He said that he thought that office was unnecessary. If the State should be divided in judicial districts, © requiring the supreme court to be held in each, the district attorneys could perform the same duties. He knew of no reason why the Attorney General should enjoy a higher dignity than other prosecuting attorneys. That officer had the same duties to perform and but few more. Amendment agreed to. The question recurring upon Mr. C’s resolutions. Mr. SINGLETON said, that he regarded the pispestiad ta. appoint an assistant to report the conventional debates, as a most important one. He had heard remarks in regard to the expense of publishing these debates. Wishing, as much as any member, to avoid expense, he would not carry economy so far as to with- hold his support from a measure, which had for its object the enlightenment of the people in regard to our action in this body, and the provisions of the constitution which are to be submitted to them for ratification or rejection. By a report of our debates, said Mr. S., the people may learn something in relation to the motives by which we were influenced, and the ends we wish to accomplish in framing the organic law upon which they are to pass a final judgment. The volume will, it is true, contain a condensed, and perhaps a crude, report of our doings; yet it cannot fail to enlighten the people, and he believed that the people would consider the cost of the publication well repaid by the information they would gain by it. He knew not, neither did he care, what it might cost; he believed that it would not be more than their constituents would be willing to pay. He thought that opposition to it grew out of a penny saving policy and mere practical retrenchment, which it was not the duty of the Conven- tion to engage in. We have come here, said he, to unfold and apply new principles of government; and he desired to submit those principles to the people with all the light possible. He cared but little how it should be done, whether by the body itself or by the contribution of members. He was willing to pay for reporting and printing. He would by all means do so if it was to be done oe eS a MONDAY, JUNE 14, 1847 73 for the benefit of members; but he did not so regard it. It was for the benefit of the people that he urged its adoption. Mr. PALMER, of Marshall, could see no necessity for publish- ing an official report of the debates. There were gentlemen present, whose business was, as he understood, to report for the papers the speeches of members, and they would give all the important debates; the public can, from these, obtain all the in- formation desirable in relation to our proceedings. These, besides being published in the papers here, will be copied in other papers, and obtain a wide circulation. Thus it is apparent, that for us to publish them, would be incurring a useless expense. He knew that the congressional debates were sometimes published, _ but such a proposition was unheard of in Illinois. In our present pecuniary embarrassment, as a State, he regarded it as highly improper. It would be showing liberality before justice. Our debt is heavy: it will cost something to publish these debates, and by not doing it, we may save a little, at least. The globe is composed of particles, and our State debt is composed of dollars and cents. In the estimation of many, the odium of virtual repudiation rests upon us, which it is our duty to remove before we indulge in undue extravagance. Though we have but little or nothing to show for this debt, we still owe it; and before he left the stage of action, he wished to see some measures taken for its liquidation. In this view of things, he was unprepared to support the resolutions. Mr. KINNEY moved to amend the resolution so as to require members to pay for reporting their speeches; each member to pay in proportion to the number and length of his speeches. (Laughter.) Mr. K. made a few remarks, which, owing to confusion near the reporter, was [sic] not distinctly heard by him. Mr. WEAD was anxious to have the debates published. Allusion had been made to taxes. He thought that the expense of publishing these debates would not affect the payment of the public debt. A mill and a half on the dollar had been appro- _priated for that object, and the appropriation for this will not ' diminish that amount. The only question is, whether it is a proper object, and whether the people will be willing to pay a reporter. He desired to have the costs estimated by a committee. 74 ILLINOIS HISTORICAL COLLECTIONS T; Was been Sardi aeee debate will be published in the news- — papers. He had no expectation that they would be published in the newspapers; and if they should be, members would hardly recognize them as their own. He desired to have them published officially, so that they might be transmitted to posterity in a reliable form. He scarcely knew of a Convention that had not published debates. It was, at the present day, the uniform practice. He regretted that the debates of the Conventions of other States were not accessible to the members of this Convention. They would be most serviceable in affording light and information to guide them in their deliberations. The people desire informa- tion in regard to the action of this Convention. Will it be pre- tended that they will be competent to judge without light? He who denies information will do them a wrong. It is a mistake to suppose that the people will not be willing to pay for it. They will not forego it for the sake of saving money, and he hoped it would be furnished in an authoritative form. The newspapers will not give it in an authentic shape. Every newspaper reporter is more or less influenced by political feelings and party bias, and if disposed to report erroneously, we have not the power to correct their misrepresentations. For these reasons he desired that an official reporter should be appointed, whom they could control. The expense will be but little. He had been informed that a reporter could be hired for the pay of a secretary, and the debates could be printed by the public printers. Mr. MINSHALL said, that he had never directed his attention particularly to the subject, but on referring to the law he had ascertained that the Convention had not the power to appoint an official reporter. It is true that gentlemen have adopted a different name for such an office, but he considered it but an evasion of the law. He thought they ought to be governed by — the letter and spirit of the act of the General Assembly which provided for the call of the Convention. He concurred with gentlemen in the importance of having the debates published; but the Legislature had not authorized it, and they, not us, are re-’ sponsible for the omission. We have not, said he, the power to appropriate money for this purpose, and changing the name from reporter to secretary will not give it to us. MONDAY, JUNE 14, 1847 fie) Mr. SINGLETON proceeded to reply to Mr. M. He said that the gentleman was mistaken in his construction of the law. The secretary’s business is to report the proceedings of the Con- vention, and this body may appoint another secretary to report the speeches, which, in fact, form a portion of the proceedings. He did not regard it as an evasion of the law; but—[Here the president called him to order, stating that under the rules, no member could speak twice to the same question when other mem- bers desired to speak.] Mr. DAVIS, of Massac, said, he would avail himself of the opportunity afforded him by the discussion on the resolutions now before the Convention, to express his views in relation to the election of an official reporter of the debates of this body, to correct a misreport of the remarks which he had the honor to submit to this assembly a few days since, on the resolution then pending, which had for its end, in part, the definition of the objects for which the Convention was called, and the extent of its powers. I think, sir, (said Mr. D.) that the debates of this Convention ought to be published and preserved for the use and benefit of the people of the State, and I am, therefore, willing to see a competent - gentleman selected for the purpose, with reasonable compensation for his services, to be paid out of the State treasury, in pursuance of law; or, if gentlemen can be induced to do so, to be paid by the members themselves, out of their per diem allowance. The reasons for the publication of these debates are so numerous and weighty, and have been so fully stated by gentlemen who have preceded me, that I shall not attempt to adduce any in addition, or to urge by other arguments those which have already been submitted to the Convention, concluding, as I do, that enough has been said by others to convince the members of the great importance of the report and publication. It was remarked by the member from Fulton, that the pub- lished reports of the speeches of members of this body, as found in the newspapers of this city, are very inaccurate and faulty, which must be the case while the reports continue to be taken down and published unofficially. I can myself bear testimony to the correctness of this statement; for, sir, in the report of the remarks 76 ILLINOIS HISTORICAL COLLECTIONS which I had the honor to deliver to the Convention the other day, on the resolution before alluded to, I am misrepresented in a very important particular. In that report I am made to say that “the act providing for the call of this Convention was both constitu- tional and proper.”’ This I did not say, sir, but, on the contrary, I remarked, that I had opposed the act on constitutional grounds while it was before the Senate, of which body I was an humble member at the time of the passage of the law. I argued, however, that the Legislature possessed plenary power to make the appro- priations which they did make to pay the members of the Conyen- tion, and the officers connected with it, and that it was highly proper to do so. I said, further, that this was a constitutional Convention, brought together in pursuance of the 7th article of the constitution, and, as such, limited within certain boundaries and to certain objects specified in the said 7th article.™ I said, sir, that the people were not here in their primary original capacity, but in the persons of their delegates, chosen under the constitution and in pursuance of its provisions. I hold it to be a fundamental axium [sic] in political science, that the people, as such, have a right to abolish government, and institute new forms for their better security and greater happiness. This is what I said, sir. Mr. CAMPBELL, of Jo Daviess, said, that he supposed a: he offered the resolution under discussion, that its importance would be apparent to all, but he had discovered that, when any matter of this kind is proposed, the question of cost and expense is at once raised and so strongly urged as to render success almost hopeless. Now, sir, it is hard to believe that there is a member on this floor who does not appreciate the importance of employing an official reporter. Are not the debates of the constitutional conventions of other States eagerly sought after? They are, sir, and it is a matter of regret that we have not within our reach the debates that have taken place in similar conventions in our sister States, to aid and enlighten us—to suggest modes of procedure, forms, &c. If we seek the debates of the conventions of other States, will not ours also be sought for? The constitution that we are to adopt, will be presented to the people for their ratifica~ — 14See ante, 19. ae me ee ~_Se A, .— 5, i an MONDAY, JUNE 14, 1847 77 tion or rejection, and it is due to them, that the motives and in- _ fluences that have entered into its adoption by us, should go forth t with it, to aid the people in forming an opinion in regard to its 'merits and value. Let them have the same light and the same means of forming their judgment that we have. If we do not appoint a reporter, they cannot know—they will have no means of ascertaining—the motives or influences which gave birth to the constitution we present to them. We cannot expect the public prints to give a full report of the debates which take place in this body. They have not room for them in their columns, and if they had, they would give no more than they choose. They are irresponsible and beyond our control. It is desirable that we have a reporter, to whose reports full faith and credit can be given, and if any member should be misrepresented he can have a remedy. Gentlemen have said that they have been mis-reported. Adopt this resolution and the evil they complain of will be obviated. We have no right to expect the public prints to be perfectly accu- rate. They do not feel that responsibility which would be felt by an official reporter, and if we wish for an authentic record of what is said here, we must make provision for it. Now, sir, a word in regard to the pay of the proposed officer. In traming the resolution, I used the term “‘secretary”’ instead of - “reporter.” We have a secretary to record our proceedings. Is there anything in the law of the Legislature prohibiting us to employ a secretary to record the speeches. They are as much a part of our proceedings as those acts which are generally distin- guished by the term “proceedings.” A large majority of the people elected this Convention to alter and amend the constitu- tion; they solemnly declared that a revision was necessary, and appointed us to do the work. Did they not, I ask, as solemnly declare, that all the expenses attending it should be paid by the State? Did they not give us a virtual pledge, that they would pay the cost of carrying out the purposes of this Convention? Let these debates go out to the people along with the constitution. Of what service would the debates of the Convention of 1818 not be to us now? Who will say that the published debates of this Convention would not, in after times, be regarded as invaluable in explaining clauses, sentences and articles which may be of 78 ILLINOIS HISTORICAL COLLECTIONS — doubtful construction? This consideration alone is sufficient to recommend this resolution to the favor of the Convention. He was willing to vote for the amendment of the gentleman from St. Clair (Mr. Kinney) if gentlemen were so much afraid to take money out of the treasury. He would himself contribute to have the debates printed, rather than have the project fail. He, however, thought that there was too much of RETRENCHMENT in the proposition for its supporters to vote for it themselves. He concluded by moving to lay Mr. Kinney’s amendment on the table. Mr. KNOWLTON wanted to have a reporter elected, but he must take occasion to say that he loved consistency. Gentlemen were on one side for one purpose and on another for another. The other day gentlemen said we had no power beyond what the strict letter of the law had given us; now, they say we have power beyond that letter. He did not agree with them then, and he was glad to see them on his side now; but he hoped they would remain where they had got and be more consistent hereafter. We have come here for the purpose of being consistent—to send out a consistent document, free from party taint or bias. Gentlemen called the proposed officer a secretary, to secure his pay to him. He did not like anything indirect—liked to hear things called by their right names. He should vote for the officer because he believed the Convention had the power to elect him. Gentlemen had complained of being reported incorrectly. He had never noticed any misrepresentations, and he thought they were well enough reported. Great men are always complaining of being reported incorrectly. He had heard the same complaint from his boyhood. David Crockett said that he came near being ruined by the reporters. Mr. HAYES made an animated speech in favor of employing areporter, to be paid by an appropriation by the next Legislature. He thought the Convention had no power to create such an officer and draw money to pay him out of the treasury. The lateness of the hour compels us to condense Mr. H.’s remarks. Mr. WEAD explained that he did not intend to accuse the reporters on the floor with intentionally misrepresenting members. He was aware that the duty was arduous—that they could give a MONDAY, JUNE 174, 1847 79 no more than a synopsis of speeches. He had noticed that the reports of the different papers did not agree, and this was the reason why an official reporter was required. He was willing to pay for it. Mr. SCATES said that it was his opinion that the Convention had not the power to make the treasury liable for the expense of employing a reporter. Allusion.had been made to other States. So far as his information went, the debates in other States were published by private enterprise. We have reasons for economy; and he could not support the proposition. Mr. PETERS remarked to Mr. Scates, that the Missouri Convention had employed a reporter, and recommended the Legislature to pay him. Mr. SCATES. The gentleman is unfortunate in his example, for the acts of the Convention were rejected by the people— constitution and all. Mr. ROBBINS said, he could not vote for the proposition before the Convention. It asks this body to employ an additional secretary, to report the debates of the Convention, the speeches of the delegates, and that, sir, at the expense of the State. The law calling this Convention gives it no such power. It authorizes the employment of such secretaries as are necessary in the transaction of its legitimate business, and for no other pur- poses. Now, if the speeches of the delegates in this hall are the business transactions of this body, it is the duty of the secre- taries now employed to record them as such, in the journals of the Convention. If they are not the business of this body, it has no right to publish them, in any manner, at the expense of theState. But, why do gentlemen wish to publish these speeches? For whose good? They have told us it is for the good of the people of this State—to illuminate their minds, to enlighten them in the great principles that agitate this body, to acquaint them with the reasons that induce this Convention to propose the alterations and amendments they are going to offer to the people for their rejection or ratification, and thus produce a harmony in action of the convention and the vote of the people; and that otherwise the people would not approve of the amendments about to be offered 80 ILLINOIS HISTORICAL COLLECTIONS — aay by this body. If this was all true, sir, it is spare ie we. speeches to be reported, printed, bound, and circulated among the people in time to do any good. There is no probability that the Convention will be able to finish their business in time to _ present the alterations and amendments of the Constitution be- fore the first Monday in August next, and the law requires that the people shall vote for or against the amendments proposed, on the fourth Monday in October following. The labor of getting up such a book would be immense. I hold in my hand, sir, the — reported debates of the North Carolina Convention of 1835. That Convention met on the 5th day of June, and adjourned on the roth day of the following month—not in session more than five weeks, and restricted, by law, to only nine propositions; and yet, sir, these debates make a volume of more than four hundred pages. Taking this for an example, what a volume would the speeches of this Convention make, in a session of at least two months, and with a range covering the whole Constitution of Illinois. Sir, it would be impossible to get up such a book, and to get it before the people, before the fourth Monday of October, the time required for the people to vote for or against the amend- ments. Besides, the expense would be entirely too great for the ye people to bear, in their present embarrassed circumstances. Nor do I think, sir, that these speeches would illuminate and edify the people as much as gentlemen seem to think they would. I have heard no better propositions on this floor for altering and amending the constitution, and no better arguments offered in. support of those propositions, than I heard in the circle of my neighbors before I left home—in the workshop, in the store, in the groups of laborers collected to rest themselves in the shade. Our constituents are not behind us in this matter. They know how they want their constitution altered. They told us how to alter it before we came here, and so far as mine are concerned, they want us, with all reasonable expedition, to make those alter- — ’ ations and then come home. a I am pleased with the gentlemen’s speeches.—They have dis- played much talent and eloquence, and I should be glad to see them go before the world. But let them go by way of private — i y enterprise, not at the expense of our impoverished State. ButI b 4 ie xy i ‘ bee Sd at i i Nat ot li aD MEL a ae ha) Ran oe ak A Sa MONDAY, JUNE 14, 1847 81 § ery efficient in promoting the interests of this Convention. To show the estimation put on these “speeches by the community, I will relate an anecdote of what happened in an adjoining county a a. pp joining few weeks since, as a delegate was taking leave of one of his con- stituents. ‘‘How long,’’ said the old farmer, ‘‘do you expect to _ be gone to the Convention?’ “‘I expect to be home by the first _ Monday of August next,’’ was the answer. ‘“‘How many lawyers are there in the Convention?’’—‘‘About forty,’ was the answer. Coo # 2 ?? . ce ‘Forty lawyers in the Convention,’’ said the old man; ‘‘then fare- _ well, I shall never see you any more!’’]* Messrs. SINGLETON, KiTcHELL and others made a few remarks, Mr. PALMER, of Marshall, moved the indefinite postpone- _ ment of the subject, which was agreed to. _ The first two propositions of Mr. Campbell were referred to . appropriate committees, and that relating to the reporter only _____® Robbins’ speech in detail has been inserted from the weekly JI]linois State Register, June 18, in place of the tri-weekly’s notice that “Mr. Robbins _ made a humorous speech against employing a reporter, which we have not time to give in this day’s paper.” VII. TUESDAY, JUNE 15, 1847 Mr. FARWELL presented the petition of sundry citizens for a provision in the constitution providing for the appointment of a State superintendent of public instruction. Referred to the Education committee. Mr. THORNTON presented the petition of sundry citizens of Shelby county, on various subjects, which was referred to the committee on Miscellaneous Subjects. Mr. MARKLEY moved to take up his motion made yesterday, to re-consider Mr. DEMENT’s resolution in relation to the mode of proceeding in the business of the Convention. The motion carried, the vote was re-considered, and the resolution was laid ~ on the table till the first day of January next. Mr. JENKINS moved to take up certain resolutions offered by him some days since, which was agreed to; and the question being upon referring the resolutions to the appropriate committees, a debate arose on the best mode of taking up the various proposi- tions submitted. Mr. Dement thought that the order of business, as it now existed, would retard the business. Messrs. BRocKMAN, Davis of McLean, Jenkins, and Loupov, insisted that the rights of members to bring forward their propositions would be con- — siderably abridged by the mode of proceeding for which Mr. DeEMENT contended. The previous question was here ordered, and the resolutions were referred. Mr. JENKINS moved to take up the resolution offered by hind on the 11th inst., which was done, and the resolutions were re- ferred to the appropriate committees. Mr. DAVIS, of McLean, offered a resolution that the jute’ committee be instructed to inquire into the expediency of organ- izing the judiciary on a basis, the substance of which is as follows: A supreme court, composed of three members, having appellate - jurisdiction only, to be chosen in separate districts by the qualified voters thereof, for nine years, one to be elected every third year: after the expiration of three terms under such classification, their 82 A TUESDAY, JUNE 15, 1847 83 term to be nine years. Salary $1,200. Re-eligible, but incapable of holding any other office during term and for two years after its expiration. Clerk to be chosen by voters of State at large, for a term of three years. The State to be divided into blank number of circuits—judge in each circuit elected by people, for six years. Salary $1000. To hold no office during term, or two years after its expiration. Said courts to have probate jurisdiction. Clerks to be elected by the people for three years, who shall be ex officio _ recorders of deeds. Circuit attorneys elected by people in each circuit. Salary $300. Election of judges to be holden at different times from the election of State officers. Mr. CAMPBELL, of Jo Daviess, moved to amend, so that the State may be divided into ——————— judicial districts: one term to be annually held in each. Resolution and amendment referred to the Judiciary Committee. Mr. SMITH offered a resolution that the committee on Revenue be requested to inquire into the expediency of so amending the constitution as to prohibit the Legislature from pledging the faith of the State for a larger sum than $50,000, without first submitting the matter to the people: also, to inquire into the expediency of locating the seat of government. Mr. SHUMWAY offered a resolution that the Legislative - committee inquire into the expediency of prohibiting any member of the Legislature from receiving, during his term, any civil appointment within the State, or to the Senate of the United States. Mr. CHURCH offered a resolution that the committee on the Bill of Rights be requested to inquire into the expediency of so amending the 6th article of the constitution, as to provide that there shall be neither slavery nor involuntary servitude in this State, otherwise than for the punishment of crimes whereof the party shall have been duly convicted; nor shall any person be deprived of liberty on account of color. : Mr. KNAPP offered resolutions in substance, that the Governor shall be invested with the veto power; bills objected to by him to become laws if a majority subsequently vote for them. 2d Resotution. That committees, when they report, do so in sectional form, omitting their reasons. 3d Resotution. That the 84 committee on Elections be requested to inquire into the expediency __ of fixing a different day for the election of judges, from that for general officers. The resolutions were divided, and the two first tech The | last resolution was amended, on motion of Mr. SHumway, so as to request the Election committee to inquire into the expe- diency of prohibiting persons from voting who have bets on the election pending, and passed. Mr. DAVIS, of Montgomery, offered a resolasron that the | committee on Flccdons: inquire into the expediency of so amending the constitution as to have all voting at elections by ballot. ¥ Mr. HURLBUT moved to amend so as to request the commit- tee to inquire into the expediency of so altering the 27th section . of article 3, as to require that all electors shall be citizens of the __ United States. cae Mr. MARSHALL, of Mason, moved to amend so as to strike out all after the word “resolved,” and insert, in substance, that ~ the committee be instructed to inquire into the expediency of so amending, as to require voters to have lived in the State twelve months, and one month next preceding the election: Provided, that all foreigners in the State at the time the constitution is adopted shall be considered as electors. Resolution and amend- ments referred to the committee on Elections. mK; Mr. DAVIS, of Massac, offered a resolution that the com- mittee on the Bill of Rights be instructed to inquire into the expediency of reporting an amendment, in substance, that persons © accused of crime, shall be tried in the county or district where the crime is alleged to have been committed, which county or district — shall have been previously ascertained by law, &c. Ra Mr. DAWSON offered a resolution that the committee on the Organization of the Departments of State be instructed to inquire into the expediency of electing the Governor for three years: mem- bers of General Assembly to hold but one session of sixty days during Governor’s term, at $2 per day, and $2 for every twenty miles’ travel. . Mr. CAMPBELL, of Jo Daviess, moved to strike out two dollars and insert three. Lost. Resolution adopted. : TUESDAY, JUNE 15, 1847 85 Mr. TURNER offered a resolution, that the Legislature inquire, &c, as to abolishing capital punishment. Mr. McCALLEN moved to strike out and insert so as to abolish capital punishment, and take away the pardoning power from the Governor where the punishment is death under the present constitution. Referred to committee on Law Reform. Mr. THORNTON offered a resolution that the committee on Law Reform be requested to inquire into the expediency of so amending the constitution, that testimony in courts of equity be taken in the same manner as in suits at law. Adopted. Mr. MOFFETT offered a resolution that after the first day | of January, 1849, no bank bill shall be passed in this State of a less denomination than twenty dollars, and, in the event of a bank being established in this State, it shall not issue any bill of a less denomination than twenty dollars. Mr. PRATT moved the following substitute: Resolved, That the committee on Incorporations be instructed to report such provisions as will effectually prohibit the power of the Legislature to create or authorize any individuals, company or corporation, with banking powers in this State. Resolved, That said committee inquire into and report to the Convention such provisions as are best calculated gradually to exclude from, and prohibit the circulation in this State, of bank _ bills under the denomination of twenty dollars. Mr. HURLBUT moved to amend by striking out the word _ “resolved,” and inserting the following: “That the committee on Incorporations be instructed to inquire into the expediency of so amending and altering the 21st section of article 8 of the constitution, as to provide for a system of general banking laws, similar in principle with the propositions lately adopted in the State of New York.” Mr. MARKLEY moved to lay the amendment of Mr. Hur.aut on the table. Mr. DAVIS, of McLean, called for the yeas and nays. Mr. MARKLEY modified his motion so as to lay on the table to a day certain. Mr. DAVIS, of Bond, said that the amendment was a resolu- tion of inquiry and that he should not vote against a resolution of 86 ILLINOIS HISTORICAL COLLECTIONS inquiry. When the question as to creating banks in this State should arise, he would vote for a provision prohibiting them. He hoped the amendment would go to the committee. Mr. BALLINGALL said that it could not be concealed that there was a strong bank party in the Convention, and he was willing to have the test question upon banks taken at the present time. He hoped the motion would be modified so as to raise the issue. He believed that some members favorable to banks would receive such instructions from the constituents as would control their course, and he wished to know how the Convention was divided on the question at the present time. Mr. CAMPBELL, of M’Donough, moved to have the sections of the New York constitution, on the subject of banks, read; which was agreed to, and the sections were read. Mr. HURLBUT did not, when he offered the resolution, expect that it would evolve an issue on the absorbing question of banks, which he was aware was one of the most important that would probably engage the attention of the Convention; but if gentlemen were desirous of raising the question at the present time, he was ready to meet them. If they were anxious to take up this qués- tion, without any preparation, he would not object. If they feel strong enough to apply the rigid rules of party discipline, let them proceed. For his part he did not desire to draw party lines unless forced into it. He represented whigs and democrats and was determined to do justice to both. This question was one of absorbing interest to his constituents—they desired a sound currency, and, irrespective of party upon this, as well as other questions, he desired to consult their wishes and their interests. He did not, however, rise to discuss the merits of the question. He would infinitely prefer that the debate should be suffered to lie over to a future time; but, as he before remarked, if gentlemen wish to test the question zow, he was ready to gratify them. It is a resolution of inquiry merely, which he had not expected would meet with opposition. Mr. GREGG said that the resolution offered by the gentleman from Boone was respectful in its terms, and courtesy required that it should go to the committee. It was merely a resolution of inquiry and he could not vote against its reference. TUESDAY, JUNE 15, 1847 87 ge ceiee Gent fe Teron, Ci. Patz.) ))) & prokibst bankine im any form, were before the Convention; _ Bom the question comes up im 2 diferent shape, wiz: =) 2 proposition to adopt the features of the gencral banking lew of J New York. He did not care how the question was presented so gem He agreed fully with the gentleman 45 yg ce oe Skee c = ae = = crmeticnt, Ex that of New Yout Swoeld call into existence? The system is infinitely worse than © the old system; for it opens 2 door to the creation of an endless gumber of banks. If ome bank is mischievous, how much more so must a hundred be? Past experience has proved to us that in @enicaltural commumitics such imstitutions are a cums ; was certain that the question whether the township funds turned — lived here, they had had prudent commissioners, except for two Macoupin. ¢ increased it. He was also in favor of the suggestion of the gentle- of the amendment and in reply to the gentleman from Lee. He © not sell their bonds at 50 cents, no one could compel them to take State was able to pay the whole sum. He was opposed to the = Mr. KNOX said, that the only question with him was did i its present resources, ever be able to pay the interest on the State debt. And how was it to be paid? When, by the increase of population the wealth and means of the State were enlarged. And — in his opinion the proceedings of this Convention had much to do — with it. Suppose we go to our creditors and tell them our circum-_ stances and ask them shall we make a provision in our constitution z, for the education and moral improvement of our children, he was - a sure they would reply, yes, do so, and let it be a liberal one. — There is a provision in our law, made by the Legislature to build : school houses, and the property of non-residents was taxed to pay — it, and he had heard some of them say they were glad that such a — tax had been levied, because it would increase the value of their — WEDNESDAY, JUNE 23, 1847 181 on. Mr. MASON thought that so far from the present question involving a principle of dishonesty, on which ground objections had been made, that it presented itself most favorably in a moral _ point of view. There were many who held ourstock, which was now _ yery low, and who could not afford to live on fancy stocks or upon _ promises to pay, which never were redeemed, and, if in case this __ passed our stock would rise in the market as he was sure it would, _ these persons might dispose of it to some advantage. Mr. THOMAS moved the previous question. Ayes 65—Noes 66; not seconded. A motion to adjourn till to-morrow was lost. Ayes 48. On motion, the Convention adjourned till 3 o’clock, P. m. AFTERNOON Mr.DEITZ briefly explained the nature of his amendment. Mr. ROUNTREE said, he was not in favor of binding the Legislature to invest this fund in the State bonds, but he would like to see it so amended as to read—“‘in stocks most safe and productive,” and the interest only to be distributed. He thought it very probable that in twenty years the proposition of the gentle- man from Sangamon might appear a little exceptionable. Mr. WILLIAMS thought it sufficient only to understand the proposition to be in favor of it. Mr. LOGAN apologized for speaking again upon thisquestion, inasmuch as he felt a great interest in it; it was one of his hobbys [sic]. After some remarks upon the practice of the Legislature in drawing the gold and silver belonging to this fund for the purpose of paying their per diem, he said he thought we were on the eve of some great speculation. And he appealed to the Convention not to leave with the Governor and Legislature, the power of investing this fund in any scheme they thought proper. Very soon some person or another would have a railroad or a plank road company, and it could be calculated up that by investing this fund in the stock that it would yield some 18 per cent. The Governor would, if permitted to act according to the suggestion of the Legislature © be sure to invest it in some moonshine stock which, like when the 182 ILLINOIS HISTORICAL COLLECTIONS system of internal improvements was before them, would be shown by figures “which could not lie,” would yield immense profits. The fund would be safe in the State stock, but if you left the power to the Legislature, to invest it as they thought proper, they would run mad as they had run mad before. . Mr. DAVIS, of Massac, inquired what was to be done for the ~ interest on those bonds not bought up by this fund? And being answered that it was to remain as at present, he opposed the dis- crimination as unjust to the other holders of the bonds. Mr. BROCKMAN said, he thought when he told the gentlemen in the morning that he was with them, that the bonds were to be © purchased at par, and not at the market price. Understanding now that this was contemplated he would vote against it. States, in his opinion, were like individuals, and what was dishonest inan _ individual was dishonest in a State. Things cast their shadows before them. It was said we were on the eve of a speculation, and the first thing going that way was a proposition to swindle the creditors of the State. It had also been said that the consti- tution would not live long enough to see the State debt paid; he was afraid it would not live at all, although it was yet in embryo, so many odious plans and provisions were to be engrafted upon it, he did not think it would be adopted. He supposed another part of the speculation would be in relation to a bank, but when that come[s] before the Convention we will attend to them. Mr. PALMER, of Marshall, said, that he had listened to all that had been said upon the question, and his mind had come to the same conclusion before the discussion that it had now. He had looked at the foundation of the two debts of the State of Illinois; the first was contracted by the State with individuals who ~ lent us the money, they at the same time acting as their own agents, and he had always thought that both parties were in fault in relation to the matter. Though not in the Legislature, he read the newspapers and journals of the day—indeed, they were his reading except when engaged with the bible and other religious — works. He thought the State unwise in the undertaking, and the gentlemen who loaned the money should have known that the — works could never be completed.—The other is a sacred debt—it is a debt of the orphans and widows. It always took two parties to WEDNESDAY, JUNE 23, 1847 183 acovenant. Illinois had an agent who stood up for her, but the orphans had no one. The State laid hold of this sacred fund, and appropriated it to pay their own expenses; and now, when they call for their share of the fund, they receive Auditor’s warrants. He was in favor of honesty, and could see no injustice or dishonesty in the plan now before them. The stocks of the State were not in the hands of the original holders, but were held by brokers and stock-jobbers, and if any person desired to buy them up they were at liberty [to] do so, and at the very lowest price, and why not Illinois do so with her school fund; particularly when the fatherless and the orphan, who can never expect a schooling except by the school fund, were in numbers throughout the State. He hoped gentlemen would all take it upon themselves to assist the widow in educating the rising generation, and after that he would vote for taxation to pay the whole debt. He had been a stickler for 40 years on the side of honesty, and had fought in the cause of honesty and religion, and almost 66 cold winters had rolled over his head while engaged in the study of honesty, yet he had been unable to discover the least dishonesty in the whole plan. Mr. ARCHER said, that as this was a mere resolution of enquiry, he would vote for it. This was a question of the utmost interest, and this debate which has ensued on a mere resolution of enquiry gave evidence of the deep feeling on the subject. He was not disposed to discuss it in its present shape, but would remark that he could not see those glaring faults in the plan, which others pretended to have discovered. Mr. WOODSON advocated the adoption of the resolution, because, by investing the school fund in this way, no harm could be done. If he understood the plan, it was to invest a portion or the whole of the school fund in State bonds, which could be pur- chased, say at 40 to 50, and thereby double the amount of the fund, and of the interest that would be distributed for the purpose of education. Who could be injured by such a plan? Illinois would be greatly benefitted. The bondholder could not complain, for the very fact of this investment would enhance the value of the bonds. If, therefore, it was not unjust to them, was it immoral to make use of the fund. If not unjust nor dishonest, we have a right to prefer the credit or whom we will pay.—This was a principle 184 ILLINOIS HISTORICAL COLLECTIONS sy Ne of law, so well settled that no lawyer would deny it. This fund belongs to the children of the State, and she has a right to invest it in such a way asis best for their interest. If this plan was not dishonest, enhanced the value of the bonds, was not unjust, injured no one, and increased the fund—why should not the Convention act in the matter? The Legislature had been dishonest in appro- priating the money, and the Convention should adopt some measures to close the door against anything further of the kind. Mr. NORTON was in favor of giving this resolution the course of all resolutions of enquiry; he would vote for it, but he was not altogether prepared to vote for the plan set forth by it, because he feared there might be many serious and unsurmountable objections to it. He thought well of the school fund, and was ready to go with anyone, in furthering and advancing the cause, but he was unwilling to adopt anything unjust or dishonest. If he understood the proposition correctly, we were to go into market to buy up our own stock at a depreciated value, and at the loss of our creditors.—Would they not say to us, it is your duty to educate your children at your own cost and not ours. He supposed that no one would say that it would be just were we to buy up our bonds and thus get rid of the debt, but the excuse for the present plan is, that it is not for the benefit of the State but.for the youth. Mr. N. then stated the plan in detail, and said, suppose we did buy up one hundred thousand dollars of the bonds, on which the State was now paying two per cent., and add it to the school fund, where we will have to pay six per cent., where would this difference of four per cent. come from? It would come from our other creditors and bondholders, for if we were now able only to pay two — per cent. of interest on our debt, would we not be reducing our means to pay even that, if we paid six per cent. on that portion of our bonds thus purchased by the school fund. Well might our creditors say, that we should educate our children ourselves, and not by using their means. And, sir, there may be persons holding these bonds who are not able to contribute to the education of our children, and how can they educate their own children? He said the same principles would apply to the State as to individuals. Suppose, said he, I had a quantity of my paper afloat which I was unable to pay, and it was worth but 40 cents, at the same WEDNESDAY, JUNE 23, 1847 185 ne there was in my hands a legacy belonging to my child, would be honest in me to buy up with this fund a portion of my own Mr. KINNEY of Bureau advocated the plan contained in the _ amendment. _ Mr. THORNTON made a few remarks in reply to Mr. Norton, and the question was taken on the amendment proposed by Mr. _ Derrz, and it was carried—yeas 76. _ The two other amendments were then adopted, and the reso- _ lution as amended was passed. The report of the committee on Education, submitted this i Mr. GREGG hoped the resolution reported by the committee - would be postponed till Saturday, as the gentleman from Jo ‘4 Daviess, who was chairman of the committee, was absent and _ would be till that day. He was in favor of the resolution, and concurred with the gentleman from Madison in every word he had uttered. Mr. EDWARDS of Madison hoped the resolution would be a _ postponed. ry Mr. CHURCHILL moved to postpone till Tuesday. a Mr. WILLIAMS thought it unnecessary to postpone as the _ resolution was one of simple inquiry only, and which might as ___ well be passed now as at any other time. # Mr. EVEY expressed a similar view. ch Mr. GREGG then moved that the subject be postponed till _ Monday next. x Mr. KNOWLTON did not think it was necessary for the ae chairman of the committee to be here, for a proper discussion of __ the subject. Mr. SERVANT thought the resolution might be referred __ without debate, but if they were to debate it he thought courtesy _ would favor a postponement. 186 ILLINOIS HISTORICAL COLLECTIONS © Mr. PINCKNEY advocated a discussion at once, as he under- stood that the committee had reported the resolution to elicit from the Convention an expression upon the subject. Mr. CONSTABLE offered the following ance to the resolution: “Also, as to the propriety of creating a sigkiew fand connected with the debt due from the State to the college, school and semi- nary fund, so as to provide for its early repayment, and the investment of that fund in the bonds of this State at their market value, at the same time contemplating the prompt payment of interest on the bonds so purchased by the said fund.” The amendment was adopted, and the resolution as amended was passed. Mr. JONES made a report of the majority of the committee -on the Revenue; which he moved to lay on the table and two hundred copies be printed. Mr. THOMAS made a report from the minority of the com- mittee on the Revenue, which was laid on the table and two hundred copies order to be printed. Messrs. THomas and Z. Casey made some remarks, each upon the nature of the reports. [Mr. THOMAS moved that it be laid upon the table and printed; and accompanied the motion with some remarks in rela- tion to the views entertained by the minority of the committee. Revenue, he remarked, lay at the very foundation of government, and without it a Government could not exist. This being ad- — mitted, he said, the great consideration was in regard to the sub- jects or objects of taxation. The minority had attempted to make some specifications in regard to this matter; and their reason for doing so was, that it was a thing which was not usually found in the constitutions of other States; and the consequence was that disputes more frequently arose in the legislatures of those States, upon the subject of taxation than upon any other subject. It was desirable, as far as possible, to place this subject beyond dispute. There had also in this State, been great difh- culty and much controversy in regard to the mode of taxation. That difficulty had grown out of a provision in the constitution of WEDNESDAY, JUNE 23, 1847 187 Illinois which was not found in many, if in any, of the constitu- tions of other States, and that was, that property was to be taxed according to valuation—so that every one should pay a tax in __ proportion to the value of the property which he possessed. This provision of the constitution it was argued by some, excluded from taxation the persons of citizens, and it was contended that it took away the right of the State legislature to levy a poll tax; ey and that was the reason, perhaps, why no poll tax had been estab- ‘e lished since the organization of the State government. Another question of great difficulty had arisen, and [was] discussed very extensively, in the courts of law, in regard to the manner of ascer- taining the value of property, and what taxes were to be assessed. There was great difficulty in ascertaining the value of property, in a large taxable district, because its value was so much a matter of opinion, that it was hard to get an agreement of opinion from even three persons in the same county. It had therefore been contended by some that under the con- stitution, as it now exists in Illinois, the legislature had no power to fix a valuation upon the lands throughout the State in any other manner than by appointing persons to make a valuation; and the laws which had been passed, and imposed upon the State ever since it was a State, fixing a valuation and classifying the lands, were unconstitutional, because, as it was said, the legisla- ture had no power to do it. That provision of law had been changed, he believed, in 1828 or ’29, and the lands were valued thereafter according to their true valuation. It was then found that the revenue of the State fell short, and that we had not the means of going on with the State government. This made it necessary for the State government to fix a minimum valuation; and they fixed it at three dollars per acre. This, he had no doubt, was done with an honest intent; and it was very possible that the men who voted for that minimum were satisfied that by doing so they placed a large quantity of the lands of the State at a valua- tion greater than they were really worth; but they had no other mode of getting along. They had to adopt some method, and this was deemed the most expedient. He supposed that if, in the same minimum law, there had been a provision that all the lands should be taxed in proportion to their true value, there would have 188 ILLINOIS HISTORICAL COLLECTION Sv been an equality of taxation; because, if eh poorest eat was valued at three dollars per acre, it would be easy to calculate what the richest land would be worth. It was desirable to get — rid of the difficulty under which the government had so long labored — in regard to this matter; and this was the object of the minority of the committee in reporting a classification, and a valuation hy the legislature. The operation of it would be, that the legislature would provide for the classification of lands, and there would be one man appointed in each county to classify it according to quality and situation; and when this had been done, its valuation — a would be found prescribed in the law. This provision, it would be perceived, was expressly intended for the raising of revenue; but he hoped that gentlemen would not take fright at it until they had examined it, and considered the true situation in which the matter stood, because without some such provision, by which revenue could be collected, we might as well give up our system of government at once. A government could not subsist upon credit. Our auditor’s warrants were down to eighty cents in the dollar, and now the school fund was about to be taken away from — the legislature; without such a provision, therefore, this conven- — tion might as well adjourn, and give up the State. He made “i : these remarks by way of apology for introducing into the conven- tion a proposition which looked so strongly for raising a revenue. — It was true that the legislature might so provide as to make — the valuation very small or very large; but there were limitations on the power of the legislature, and upon the power of the county Ao officers executing the law, which were essential to certainty in the assessment and collection of revenue. If these provisions were omitted in the constitution which was to be formed, the legislative - department would have unlimited power over the subject; and they would be in the same condition in which they had heretofore been. He hoped that no gentleman would form an opinion against the proposition without looking at the consequences bares a would result from a different course. Mr. Z. CASEY said he imagined that the question upon Hie merits of the proposition was not now properly before the Con- — vention, the present question being to lay upon the table and print the report of the minority of the committee. He might be per- — that, while one proposed to ascertain the worth of property aluation, to be made by inspectors appointed for that pur- te of tax sufficient to answer the purposes of government; other contemplated that there should be an arbitrary valuation d upon the property. He was opposed to an arbitrary valu- . It seemed to him that the other mode was the proper one; other respects he approved of the report of the majority of aoe ne would not oppose the aes of the report DEMENT, from the committee on the Legislative ment, made a report—a motion was made to print—and XV. THURSDAY, JUNE 24, 1847 Prayer by the Rev. Mr. Hate. . The motion pending, to print 200 copies of the report of the Legislative committee, made yesterday, was decided in the affirmative. — Mr. CONSTABLE introduced a resolution directing the Mg door-keeper to contract for a sufficient amount of ice for the use of the members of the Convention. : Mr. SCATES offered an amendment a such members as choose to pay therefor.” Mr. SERVANT offered an amendment—“that no person shall use any of the said ice unless he furnish his portion of the money to purchase the same.” Mr. WITT moved to lay the amendments on the table. — : Carried. Mr. SERVANT was opposed to laying the resolution on the table. If he thought that his constituents were not willing that he should have a lump of ice in this hot weather he would leave the Convention and go home in disgust. A motion was made to lay the resolution on the table, and the yeas and nays were — ordered. They resulted—yeas 108, nays 34. 4 Mr. ARCHER, from the committee on Organization of Departments and Officers connected with the Executive Depart- ment, reported back sundry resolutions, with amendments to the constitution—that the Auditor of Public Accounts shall be elected every four years, and a salary of $1,000; a State Treas- urer elected for a term of two years, and a salary of $800; a Secretary of State to hold office same time as Governor, with a salary of $800; and that the General Assembly should authorize the advertising for proposals for public printing, to be let out to the lowest bidder; and that the subject of a State’s Attorney be is referred to the committee on Judiciary. Which report, on motion, was laid on the table, and 200 copies ordered to be printed. Mr. GREGG, from the committee on the Division of the 190 THURSDAY, JUNE 24, 1847 19! State into Senatorial and Representative Districts, reported a resolution calling for 30 outline maps, and printing 200 copies of the census.—He stated, that the committee were unanimously of opinion that the maps should be had. It had been ascertained that no copies of the census were in the office of the Secretary of State, as had been suggested the other day, and it would be conceded that it was necessary they should have the census printed for their use. Mr. ECCLES doubted the necessity of procuring the maps. Mr. WEST said, he had inquired at the Auditor’s office and had been informed that the maps could be furnished by Monday next, at a cost not exceeding six bits each. Mr. EDWARDS of Sangamon said, he had a map that had ___ been furnished him at the last session of the Legislature, which had cost but 50 cents; it was at the service of the chairman of the committee. His map had the population of every county marked upon its face. Mr. SHUMWAY offered an amendment, “that the number of free white population in each county should be marked on the maps.” Carried, and then the resolution was adopted. Mr. SCATES offered a resolution, that the committee on Finance be directed to inquire into the expediency of reporting a provision to tax the government lands; which resolution, after explaining it, he moved be postponed till Wednesday next.— Carried. Mr. DAWSON offered a resolution directing an inquiry by the committee on Rights, to report a prohibition of duelling Carried. Mr. WEAD offered a resolution appointing a special committee of eleven to inquire into the expediency of abolishing the county commissioners’ court, and report a plan of organization of town- ships. Carried. Mr. GEDDES offered a resolution that the committee on Military Affairs should inquire into the expediency of adding to the 2d section of the sth article of the constitution a provision that all persons who do not perform military duty should pay a fine of from fifty cents to a dollar, which should be added to the school fund. 192 ILLINOIS HISTORICAL COLLECTIONS He said, that from his little experience in such ae he ‘ had come to the conclusion that our present military organization 4 was a mere farce. Nine-tenths of the people do no military duty; — he did not know, but supposed it was owing to the inefficiency of © the law. It had become so now, that no one but those who pleased did military duty. If the constitution of the United States did not require otherwise he would like to see the whole system abolished. These fines would amount to a considerable amount, and if added to the school fund would be a good increase. Military — training had become useless, for if they desired to effect anything © they should be kept together a week and do camp duty. Mr. CHURCH offered an amendment—“that any poll taki levied and collected shall be in lieu of military duty.” Mr. BROCKMAN opposed any fines for a non-performance of military duty; he was in favor of a full organization. In his — county they were organized better than in any other in es M and they collected no fines. Mr. SHIELDS moved to lay the resolution and amendment on the table. Carried. Mr. ROUNTREE offered a resolution that the committee — on the Revenue should be instructed to inquire into the expediency ~ of reporting a provision in the constitution fixing a maximum rate of taxation to continue for years. He said, that he desired that the committee should renee ae maximum rate of taxation, beyond which the Legislature could not go. This course would, in his opinion, do away with much of the prejudice now felt by emigrants against settling in our State, and which, owing to our large debt and the necessity for taxation, deters many from coming here who otherwise would. It would allay all doubt and uncertanity about the amount of interest each ~ man would be called upon to pay, and our citizens would be able — to fix a real value upon their land. It would throw light upon the pathway of the emigrant, and he may be induced to settle in Illinois instead of seeking more favored lands unburthened with a — public debt. In fixing this maximum, a due regard should be had to the rates as fixed by our adjacent States, so that we should ~ not exceed theirs, and turn the tide of emigration from our own soil into theirs. This was manifest, for if we fixed it at $2 and THURSDAY, JUNE 24, 1847 193 , Missouri at $1, she would get all the emigration, and if we fixed ‘it too high we would be adopting the best plan of rendering the surrounding States more advantageous for emigrants than our own. He thought that, inasmuch as retrenchment would be carried into the various branches of the government, our present rate would be sufficient. Mr. ECCLES suggested that the object of the gentleman would be accomplished just as well when the reports of the committee, made yesterday, came before the house, by offering his plan as an amendment. The majority of the committee had reported a system of taxation ad valorem, and the minority a classification and a minimum; when these came properly before _ the Convention, if he thought proper to change either, he might move in the way of amendment. Mr. ROUNTREE replied, that we had the ad valorem principle now, and the rate fixed was two mills. The object of the resolution was to inquire into the expediency of fixing the rate of the maximum. Mr. DAVIS of Montgomery, thought the resolution ought to pass. He was in favor of fixing in the constitution a rate of taxa- tion above which the Legislature should never go, and another rate below which it should not fall. We should settle this matter permanently and break of[f] the system of demagogueism practised by candidates for the Legislature. The great theme on the stump was that we were taxed to death, and that the taxes should be reduced, and these men came here to carry out this scheme, and the matter was never settled. It would also serve the character of the State abroad, when it would be known that we had fixed in our constitution a permanent rate of taxation to be applied to the payment of our State debt, and to wipe out the black stain of repudiation which was upon us. Mr. SCATES had no objection to a resolution of inquiry but he was satisfied that this Convention would never adoptamaximum rate of taxation. Revenue was as vital to a government as blood is to the human system, and in attempting to measure the amount of it was too often destructive to the whole system: suppose in a case of rebellion or civil insurrection, or of a foreign invasion, when the whole and the utmost means of the people would be 194 ILLINOIS HISTORICAL COLLECTIONS — required for the defence of the State, we are stopped by a consti- tutional provision from raising the necessary means to meet the emergency, a constitutional provision restraining us from in- creasing the taxes. The only maximum he would vote for would be so cents on the dollar, because he believed that half of our property would be sufficient for any emergency. A maximum by law was not so bad, because that could be repealed, but not so with one in the constitution. Mr. THOMPSON said, that he had had an opportunity of testing this matter two years ago when travelling in the Eastern © States. He had then an opportunity of becoming acquainted with the opinions entertained in relation to this State, and was astonished to hear the deep rooted objections and prejudices against emigration to this State, on account of ourdebt. He returned and on the boat he met some six or seven hundred emi- _ grants, and they said they were going to Michigan; he asked them why not come to Illinois; why not stop at Chicago? They answer- ed, Illinois has a debt too great. And to carry out what the gen- tleman from Jefferson said about the life blood of the system— they added—you touch one jugular, with your heavy taxes, the very moment we come there. After he had got home, he looked — over some statistics, to see how Illinois stood, in this respect, with other States in the Union, and found that we stood much lower than many other States. He believed that if this matter was left with the General Assembly, it, being governed by patriotic desires to encourage emigrants, would never have high taxes. He said that he believed that the prejudices existing against Illinois, was [sic] the work of other States, and their agents. He would vote for the resolution. Mr. Z. CASEY said, that perhaps it would be proper in him to state that this subject had been enquired into, and discussedin committee, and they thought it would be better to report, and let the Convention fill up the rate of the maximum, below or above which the Legislature should never go, or at least until certain objects had been accomplished. He would suggest that as the committee had reported, it would be as well, when that report came up, for the gentleman to present his plan, and not to ask the committee to re-enquire into a question which they had acted upon. THURSDAY, JUNE 24, 1847 195 Mr. ROUNTREE said, he would rather the resolution should go back to the committee. Mr. HARVEY said, that he was always in favor of voting for _ resolutions of enquiry, but his mind was so made up, and his opinions so fixed, upon this subject, that for once he would vote against even a resolution of enquiry. If we were to fix a rate in the constitution, and the people were to become more able to pay their debt, here was a barrier against their paying it, except in the slow means which this rate would allow. He was not afraid of the debt, or of the people’s not paying it. The idea of repudia- tion is not entertained by any of the people, and he was prepared to say, for he had not the information before him nor did he know the amount of the debt, but that the people now were able to pay the whole amount of interest. He hoped the resolution would not even go to the people. Mr. HARDING said, he hoped the resolution would pass. He was not willing to give the Legislature unlimited power of taxing the property of the people. Mr. LOUDON made a few remarks, when the previous ques- tion was moved and seconded. And the vote being taken on the adoption of the resolution, it was carried. Mr. KENNER offered a resolution, directing the committee on the Legislative Department to enquire into the expediency of drafting a provision prohibiting the Legislature from passing any law the power to pass which is not expressed in the constitution. And also that the yeas and nays should always be taken on the final passage of every bill, and that a majority of all the members elect shall be necessary to pass a bill. Mr. CONSTABLE said, that as the committee have already reported on this subject, he moved to lay the resolution on the table. Mr. THORNTON asked him to withdraw, and he said there was a difference between the report and resolution. The resolution was then laid on the table. Mr. KITCHELL offered a resolution, directing &¢., the committee on Law Reform to provide for a prohibition of the Legislature amending any general law, till the same be published. Carried. bas gee ed v4 ; a 196 ILLINOIS HISTORICAL COLLECTI ons Mr. CHURCHILL offered a resolution, appointing a com- mittee to inquire into the agricultural, mineralogical and other resources of State; which was carried. Mr. CAMPBELL of McDonough offered a Feneleitien directing the president to issue certificates to the members for the amount of their pay and mileage to the 24th inst. Mr. DAVIS of McLean, moved to lay the resolution on the table; which was lost. Mr. CONSTABLE hoped the resolution would not pass till its propriety had been discussed. Though he did not admit that we were governed by the law of the Legislature, still as it was the © opinion of the Convention, we should conform to its provisions. He doubted whether we had the power to withdraw money from ~ the treasury until we had completed the session. Mr. GEDDES, though not himself in want of money, there might be some gentleman who had need of the money, and they ought to be permitted to have it. Mr. PALMER, of Macoupin, read from the law, and said, there was no force in the objection and the only question was, should the members have it. He thought they ought, and the objection was untenable. Mr. WOODSON offered an amendment to the resolution, “that such sum should not exceed two dollars a day.” Mr. DAVIS, of Massac, moved to lay the amendment on the table; the yeas and nays were ordered, and resulted, ree 78, nays 60. Mr. CONSTABLE moved to amend by adding that “the president should issue such certificates every Saturday.” Mr. DAVIS of Montgomery said, he was not wealthy nor had he much money, but in case he did, he had friends from whom he could obtain what he wanted. But he could not understand how gentlemen, who had voted in the Legislature for four dolls. a day for themselves and for this Convention, and who had voted to take the gold and silver from the treasury, belonging to the school fund, and to the children of the State, to pay themselves with, should now be found voting for this amendment. He regretted this proposition to take $2 a day had been introduced. He would,'in due course of time, introduce a resolution pro- ‘hb Vs 7) Mi THURSDAY, JUNE 24, 1847 197 viding that those who voted for and presented resolutions allowing members $2 a day should be compelled to take only what they voted for, and then let gentlemen come forward with their patriot- ism and Buncumbe resolutions in proper style. Mr. CONSTABLE said, it was not very difficult to see that the remarks of the gentleman were directed to him; and he wished to say a few words in explanation of his course in the Legislature, not because any feeling had been excited, for he felt not in any way the force of the remarks. He had performed his duty as a member of the Legislature; the manner in which he had performed that duty had been before his constituents, and he flattered himself that they had shown their approval of his conduct. He was not a $2 a day man. He had voted for paying the members of the Legislature $4 a day, and had voted for allowing the members of this Convention $4 a day, because he thought that sum not too much. He then explained at length in relation to the appropriation of the money belonging to the school fund. He said that there were men here who held Auditor’s warrants—speculators and brokers—and who hearing that the money was in the treasury were about to demand it; and the Treasurer had recommended them to appropriate it to the payment of their expenses. Messrs. MINSHALL, DAVIS, of Montgomery, and CON- STABLE continued the debate. Mr. WILLIAMS thought that the Convention should feel themselves under great obligations to the members of the last Legislature, for their kind provision for them of $4 a day. And that we should be more kind and tender towards them in our speeches. They had assumed all the responsibility of making this provision for us and we should feel quite comfortable under their provision, and should speak more kindly of them. He had voted for our receiving but $2 a day, because if we were going to cut down the pay of all future Legislatures we should fortify our precept by our example. Mr. BOND explained the object he had in view in offering the resolution which he did at the opening of the Convention. Mr. DAVIS of Massac said, that he was in the last Legislature and had voted for $4 a day, because he thought that sum 198 ILLINOIS HISTORICAL COLLECTIONS was not too much. He had not voted for the bill calling for this Convention, because he considered some of its provisions uncon- stitutional; however, if the item appropriating $4 a day for the — pay of the members of this Convention had been an isolated item, he would have voted for it. The course of the gentleman from _ Wabash was highly honorable, and tended to break up the spirit of demagoguism. He hoped that they would not leave this — Convention until they had fixed the pay of the members of the Legislature at a permanent sum; and thus break up all this — contrivance and management about the pay of the members of — the Legislature. He was now as he was at the session of the ~ Legislature, and when the appropriation came up to pay the © members $4 a day, he had voted for it, because he thought it was _ not too much for a faithful member of the General Assembly. He did not think we had power to repeal that part of the act of the Legislature which provides for the pay of the members of this — Convention; and he had no doubt that if such an act were done that a madamus could be got out and the officer compelled to pay the sum fixed by law. He believed that there were but a very ~ few of the members of the last Legislature in the Convention, but ~ a majority of those who were here were $4 men. Messrs. Woopson, Davis of Montgomery, Locan, ConsTABLE and SERVANT, continued the debate; which, between the two first, — became rather excited and warm, and which was prolonged to much length by explanation, queries, &c. A motion to adjourn was taken and lost. - Mr. PALMER of Macoupin, said, it was to be regretted that so much feeling had been shown—they should learn to take every thing in good feeling, and to give back in the same spirit. He came here from a county where they took and gave everything. — He had come here to receive $4 per day, and when he was elected — his constituents knew how much he was to receive, and they knew also that he would not take anything less. Gentlemen had ~ insinuated that those who were disposed to take the $4 per — day sheltered themselves behind the act of the Legislature. He — sheltered himself behind no law. If there was no law, he would ~ vote for $4 a day, because he thought it was no more than just. He would use no special pleading, but he would meet them in the ~ THURSDAY, JUNE 24, 1847 199 general issue. He had listened with his accustomed admiration to what had fallen from the gentleman from Sangamon and - admired its ingenuity. He had admired that gentleman from the first time he made his acquaintance, for his never-failing ingenuity, and he did not know but that it was, in some degree, owing to the fact that the very first case he (Mr. P.) had in the supreme court the gentleman from Sangamon had trembled him out of it. He hoped the resolution would pass. Many of the members may want the money, and he appealed to the gentleman from Wabash to withdraw his amendment. Although, said he, I would not care if the money could be drawn out weekly. He knew what he could do with it. And there were many of his constituents who would be very glad to receive weekly remittances from him. Mr. CONSTABLE said, that after the good natured speech of the gentleman, he would withdraw his amendment. And the resolution was passed. Motions to adjourn till to-morrow at 8 1-2 and g and Io, a. M., _and till this afternoon at 7, 6 1-2, 6 and 5 were made and lost. And then the Convention adjourned to meet at 4 P. M. AFTERNOON Mr. ROBBINS offered the following resolution: _ Resolved, That the committee to provide for the alteration and amendment of the constitution inquire into the expediency of amending article 7th of the constitution, by substituting in place thereof, the following, to-wit: Whenever two-thirds of the General Assembly of this State shall think it necessary to alter or amend this constitution, they shall propose such alterations or amendments to the people, and it shall be the duty of the Governor, by proclamation, to lay the same before the people, at least four months before the next ensuing election for members of the General Assembly; and if a majority of all the members of both branches of the General Assembly, elected at the said election, shall approve of all or part of the said proposed amendments, the amendment or amendments so approved of, shall be submitted to the people for their ratification or rejection, and such amendments as shall be so ratified by a majority of the legal voters of this State shall become a part of the constitution. 200 a ILLINOIS HISTORICAL COLLECTIONS Mr. KITCHELL offered a substitute, instructing the com- — mittee to report an article, &c., differing slightly with the original. — Mr. ECCLES moved to amend the substitute by making i ita resolution of inquiry. f Mr. KITCHELL said, he had drawn this onbeaeae witha view of taking the sense of the Convention. The vote being taken, the — amendment was carried. a Mr. DAVIS of Massac moved to lay the subject on the table. Lost. ‘ Mr. DEITZ offered an amendment, that amendments to the constitution should not be submitted but once in five years. — Lost. ‘ And the vote being taken on the substitute, it resulted—yeas 40, nays 41. No quorum. Mr. EDWARDS of Madison moved to lay the substitute on ~ the table—yeas 61, nays 37. No quorum. Mr. WITT moved a call of the Convention, and aftarwatde withdrew it; and the vote being taken on laying the Bias oo on. the table was decided in the affirmative. Mr. KENNER offered an amendment. : Mr. SCATES said, he had no objection to a resolution of inquiry, but he would oppose the principle of giving the Legislature power to propose amendments to the constitution. They would never let it alone, but at every session would be tinkering at it. Mr. CONSTABLE said, if there was any force in the remarks of the gentleman they would apply as well to the constitution of the United States, which allowed amendments to be proposed at any time; yet he did not see that Congress was very often tinkering the constitution. The gentleman seemed to think that the con- servative principles of the State was [sic] collected in that Conven- — tion, and that when we went away it would be forever lost; that the Legislature nor anybody else would ever go right; that all the — wisdom of the State was centered in that Convention, and in the gentleman from Jefferson (Mr. Scates) particularly. Mr. BROCKMAN agreed with the gentleman from Jefferson. He thought stability was required for our safe government, and ~ that our constitution should not be left open for amendment. He felt confident that the Legislature would be always at work upon it. THURSDAY, JUNE 24, 1847 201 Mr. WHITNEY, though he admired the gentleman from Jefferson for the ardor and sincerity with which he supported every view taken by him in the Convention, he was compelled to disagree with him on this subject. He (Mr. W.) had lived in a State where such a provision was in the constitution, and from the years 1821 to 1836 there had been but few amendments proposed—not more than four or five. Mr. CROSS of Winnebago moved the previous question— seconded and the resolution was adopted. Mr. McCALLEN offered a resolution in relation to military affairs, but withdrew it at the suggestion of Mr. WHITESIDE, who said the committee were ready to report. Mr. CONSTABLE offered a resolution, that the committee on Bill of Rights inquire, &c., of omitting the restrictions upon those people who had rights in common in certain lands, and con- tained in article 8, section 8, of the present constitution. Mr. SERVANT said, that he had several petitions on the sub- ject, and had written home for some information, and when it arrived he would like them all to go together before the committee. Mr. CONSTABLE then withdrew his resolution. Mr. SPENCER offered a resolution that the committee on Rights be, &c., report a provision that property of married women be exempt from execution. Adopted. Mr. LOGAN offered an additional rule that two-thirds of the members shall be necessary to constitute a quorum for business, but that a less number might order a call of the Convention and adjourn. Carried. Mr. BOSBYSHELL offered a resolution calling upon the Auditor for certain information. Adopted. Mr. VERNOR offered a resolution that the committee on Legislative Business should inquire, &c., and prohibit any person holding two lucrative offices at one time. Carried. Mr. KENNER offered a resolution referring to county organ- ization; which on motion, was laid on the table till 4th of July, 1849. Mr. BOND offered a resolution that the committee on Rights be instructed to report a provision prohibiting free negroes from emigrating into this State, and that no person shall bring slaves 202 ILLINOIS HISTORICAL COLLECTIONS = / into this State from other States and set them free, and that sufficient penalties be provided to effect the object in view. He said, that he thought this the proper time to give this question a fair and calm discussion, and had so framed the resolu- tion as a test. He proceeded to give his reasons for introducing the resolution, and to state the grounds he occupied on this question. In doing so, he said, he had no desire to wound the feelings of any delegate, or impugn the motives which governed other gentlemen who occupied a different position. There was no one who had a greater desire to do justice to that class of un- fortunate individuals, called free negroes. But they already had — become a great annoyance, if not a nuisance, to the people of ~ Illinois. While he would do the utmost to protect the rights of those who held this kind of property, which was recognized by the domestic institutions of sister States, he would do nothing to fasten more tightly the bonds by which these people were held in slavery. In his part of the State he had seen little settlements of these free negroes spring up, and their object was to aid slaves from the south to escape their masters. This was not right. But while he would not go to a man’s stable, unlock it, and steal there- from a horse, he might, if he met a negro whom he thought was escaping from his master, not ask the man to give an account of himself, and thereby stop him in his flight. He considered that there was no use of extending our philanthropy in favor of these people, unless we were willing to admit them to the privilege of the ballot box, and give them all the rights of freemen and citizens of a free republic. Can we, or ought we to, do this? He would ~ answer nay. After alluding to the objects of colonization, he said, that he wanted no persons to come into this State, unless they came with right to be our equals in all things, and as freemen.” Mr. LOUDON offered an amendment; which was ruled out — of order. ; Mr. BROCKMAN said, that the people of his county were unanimous in theiropposition tothe emigration |[sic]ofnegroes. The — people of Schuyler and Brown were nearly all opposed to it. The negroes have no rights in common with the people, they can have *A much longer account of Bond's speech may be found in the Sangamo Journal, July 1. ‘ THURSDAY, JUNE 24, 1847 203 _ no rights; the distinction between the two races issogreat as to pre- clude the possibility of their ever living together upon equal terms. Mr. ADAMS moved to amend by striking out all after the word “resolved” and inserting the following: “the Legislature shall have no power to pass laws of a severe or oppressive character applicable to persons of color.” A motion to lay the amendment on the table was made, and the yeas and nays were ordered and taken—yeas 92, nays 46. Messrs. CHurcH and Pinckney explained their position on this question. Mr. CYRUS EDWARDS’ name being called, he rose and said, that if the vote were taken without a word of explanation, it might be inferred that those in favor of laying the amendment on the table, would be in favor of the adoption of the converse propo- sition to that contained in the amendment. He wished to exclude that conclusion, as far as he was concerned, and he would there- fore state that he should vote for laying the amendment on the table, under a rule which he had prescribed for himself, that in those points where he considered the constitution to be correct as it stands, he would make no attempt to alter it; and in relation to this subject, he considered the constitution as it stands could not be improved by any alteration. Mr. LOGAN’S name: being called, he rose and said that he thought it was necessary to make a brief explanation. It was a subject of a good deal of delicacy and one upon which it was diffi- cult at all times clearly to distinguish between judgment and pre- judice. He should vote to lay this amendment on the table, however, upon the ground that he regarded it more in the light of an abstract proposition than anything else. The question as to what laws would be oppressive, was one for the consideration of the legislature, and one which ought to be left to their judgment to determine. Mr. MINSHALL’S name being called, he observed, that he considered such a provision as that embraced in this amendment wholly superfluous, and, he thought, the constitution, therefore, _ ought not to be encumbered with it. He would vote for laying the amendment on the table. 204 ILLINOIS HISTORICAL COLLECTIONS 4 Mr. SERVANT’S name being called, he said he adopted the reasons stated by the gentlemen from Madison and Sangamon, and would vote yea. The yeas and nays being taken they resulted as follows:— yeas 92, nays 46. The question then being on the adoption of the resolution— Mr. BOND desired the yeas and nays. c Mr. CHURCH would not make a speech, but desired to offer a few remarks. Gentlemen characterized what he deemed sound ~ principles on the subject under discussion, as abstractions. His object was not to deal in abstractions, but to view matters in the light of common sense. It had been stated that nature had set — up a barrier against blacks as a race, and that the privileges of common humanity should not be extended to them. If this be so, nature was wrong; which he was not willing to admit. This doctrine was behind the spirit of the age, and if we were to sustain it, we should be the objects of scorn to the world. Would emi- grants from Pennsylvania and others imbued with sentiments of humanity, come to this State, if the proposition made here in relation to blacks were to become a part of our organic law? No, sir; and they would regard such a provision as violating, not only the plain dictates of humanity, but the principles contained in the great charter of our rights—the Declaration of Independence. He desired that on the subject of slavery, the Constitution should leave it where it was left by the Ordinance of ’87—that there shall be no slavery or involuntary servitude in the State. Our present constitution provides for slavery as it existed when adopted; and although susceptible of a different construction, slavery was con- tinued for years, under the juggling of courts in their judicial decisions. Gentlemen here have gloried in this as a free State. He would indeed glory in such a State. And he was therefore opposed to engrafting in the constitution any doubtful provision, or one which required every officer of the government, from the Governor down, to be a picket guard, to oppress the colored race. He wanted the constitution to be worthy of a free State—and to render it so, he would not have it, in the remotest degree, nor by any possible construction, sanction slavery, or oppress the colored race. He was opposed to laws on this subject, which THURSDAY, JUNE 24, 1847 205 were a blot upon our statute book, but would leave that matter with the legislature, with the confident hope that the dictates of humanity would control the action of that body, when it shall convene under the amended constitution, if we shall be so fortu- nate as to perfect a constitution which shall receive the sanction of the people. Mr. CHURCH moved to lay the resolution on the table. At the request of Mr. PINCKNEY the motion was with- drawn. Mr. PINCKNEY said: Mr. President, I hope the motion to lay upon the table will be withdrawn, that I may have an oppor- tunity of explaining. It was not my purpose to agitate this question unless it were forced upon me; and I should have said nothing upon these resolu- tions of the gentleman from Clinton, had not the ayes and nays been called. But as the case now stands, and driven as I now am, and have before been into a kind of dilemma, I claim and shall take the _ privilege of explaining myself. I have been, by what I consider the indiscreet zeal of gentlemen from the North and South, called upon to place my vote upon the journal, on questions that it did not suit my views either to favor or oppose, in the shape in which they were presented to the convention, but nevertheless, I voted unflinchingly, and without any effort at an explanation. I am willing, sir, to occupy this position in silence no longer; the position is one forced upon me. It is a very singular position. How does it happen that at the North I am termed a pro-slavery man; and here, by some, an Abolitionist? How does it occur that in passing from my home to this place, about 200 miles, I find my principles identically the same, viewed in so different a light? I know not, except it be that I occupy a middle ground between two parties contending with each other, and as all mediators are, I am obliged to receive the blows and balls of both. An Abolitionist! Why, Mr. President, I would as soon be called almost anything else on earth as a political abolitionist; and yet, I suppose I must patiently bear it, as there is no remedy. The gentleman from Clinton has again sprung this question upon me, and the ayes and noes are called. To let it pass as I 206 have others touching the same points, I cannot; ae yet, I will barely explain. The gentleman says, the time for action upon this Ess has come, and we must defend our State. My own opinion was that the time had not come, and therefore I wished to let the matter. rest; but, if the gentleman is correct, and the proper time is here in which we should act, it would seem as though we should first wipe out the dark stain that now rests upon our State. It be- comes us to remove the foul stigma, which some of our odious laws have brought upon us. I most unhesitatingly assert here — before this body, and am willing to declare it before the world, | that some of our late laws touching the treatment of negroes are — a disgrace to our State; they would be a disgrace to any people ~ claiming to be free, enlightened and humane. The gentleman has an object in view in moving these resolu- tions—he would show by making them a part of our constitution— by keeping negroes out of our State under a heavy penalty, that we are determined to protect the rights of our sister States. Rights! What rights? The right to chase an oppressed and un- fortunate fellow being through our territory; to drag him to prison; to beat him, and at the same time to prohibit me, or any man on this floor from giving him a morsel of bread or meat, though he be starving? A right to compel us to force a perishing woman from our door; and drive her forth into the pitiless peltings of the midnight storm! Are these their rights? I can not admit them; they conflict with higher authority. They fly in the face of Jehovah. His law calls upon me to feed the hungry and succor the distressed. This with me settles all; and I shall endeavor ro obey it, notwithstanding these rights. Do not misunderstand me; while I would feed the unfortunate hungry negro, I would take no part in stealing or secreting him. The gentleman would put a stop to the system of stealing negroes and running them off through our State. He cannot more strong- ly disapprobate the “under ground railroad” than dol. It is a disgrace to any man to be aiding or abetting that system. I look with supreme contempt upon that man who enters the premises — of a master for the purpose of enticing away his slave; who teaches that slave to escape at all hazards; to cut his master’s throat; to = THURSDAY, JUNE 24, 1847 207 s ‘steal his best horse, to ride him to death, and then steal another. _ These things I cannot approve, nor can I commend; nay, I must censure those who countenance them. ____ The gentleman says, if among us, they are not to have a vote, ig nor to hold office. My vote stands recorded upon this subject, _ and it agrees with his views. I am not for passing laws to give ' them the right of suffrage, but for a different reason from the gentleman’s. It is simply this: no class of men in our popular ‘government can enjoy equal rights and privileges with us, until _ the mass are willing to grant the same, all legislation to the con- trary notwithstanding. This alone is sufficient to determine my - course with reference to the African suffrage. The people will not yield it. If any man propose to keep these unfortunate per- sons from our State by just and humane measures, I shall not object. Iam in favor of removing them not only from this State, but from all the States, that they may in some other place enjoy __ human rights and privileges, in truth as well as in name; but I desire it not to be done by violence. I therefore concur with the gentlemen in giving the Colonization Society great praise; it ___ deserves it; it has my best wishes and my warm support. Pe The gentleman from Brown expressed a view that I was sorry - tohear on this floor. Is it possible that he would rather see this a slave State, than have it longer exposed to the ingress of negroes? Is it true that God has made so broad a mark of distinction be- tween blacks and whites, that the latter cannot endure the prox- imity of the former? My observations here teach me that they are somewhat intimate; but I forbear to dwell on what is so appar- ent to all, and I leave the subject. Mr. TURNBULL said he considered this matter as properly belonging to the legislature, if it were necessary to make any en- actment in relation to it; but he was of the opinion that as it stood at present it was about as well as they could make it. _ Nothing was to be gained, he thought, by agitating the question.]* = 7 Mr. ALLEN said, he saw nothing in the resolutions to call out this discussion. He had listened to the gentleman last up (Mr. : _ *This account, the closing debate of the afternoon session of June 24, is taken from the Sangamo Journal, July 1. f 208 ILLINOIS HISTORICAL COLLECTIONS — 7 PrncKNEy) in his effort to define his position, but really did not know where he stood; on which side, or on both sides. He could not see what this resolution had to do with the present statute laws of the State. It only provided that no negroes should come here for the future. He was in favor of a prohibitory clause against their emigration [sc] into the State, for those that were here were good for nothing, either to the state, the church, or themselves. They were all idle and lazy and the part of the State that he came from was overrun with them. It had been the custom for some time for the people of Kentucky, Alabama and other states to bring their old and worn out negroes, and those whom they emancipated, into this State and into his section of country, and the people desired to prevent this, and to get rid of those already there. Mr. PALMER of Macoupin thought the introduction of this subject was unwise and productive of no good. Almost all the evil growing out of the excitement upon this question had been produced by the persons occupying the extremes of both parties. On the one side were those who were honest, sincere and consistent in their opinion, and men of the most respectable character, who devote all their zeal, ardor and means for the accomplishment of their object; men of the one idea principle; and on the other side was a class of persons who, to check abolition, used the most violent language and often occupied very untenable ground, and they together have contributed, more than anything else, to create the great excitement on this question. He would ask gentlemen to reflect upon the consequences of this resolution. If it was adopted and its provisions inserted in the constitution, a large class of the community would be against its adoption. Why then unnecessarily provoke a battle against the constitution. Intemper- ance ononeside wasasbadasonanother. Everyimpulseofhis heart and every feeling of his, was in opposition to slavery, and if his acts or votes here would do anything to ameliorate the condition of those held in bondage no man would exert himself more zealously than he; no one would do more to remove the great stain of moral guilt now upon this great republic—but he looked upon every proposition either for or against that object as checking the good XVI. FRIDAY, JUNE 25, 1847 Prayer by Rev. Mr. Barcer. Mr. THORNTON offered an amendment to the coin pending at the adjournment yesterday—providing that the Legis- lature should have power to make all necessary laws in relation to negroes. In presenting the amendment he said, that he did so because he thought we should leave the matter with the Legislature for their action, and to public sentiment. i Mr. NORTON said, that he desired to state the reasons which would govern him in his vote upon this question, and why he © should vote against the resolution and the amendment. He was happy to say that he did not find himself in the dilemma in which other gentlemen were placed. He opposed this resolution because he deemed it wrong in principle and wrong in practice, and could give the reasons for going against it without feeling himself called — upon to define his position. He would give his views, founded, — as he thought, upon principles of right. The resolution, as he — understood it, had two objects—the first, the exclusion, by penal enactments, of all free negroes; the second, a prohibition against their emancipation and settlement in this State. The first of these he considered a direct infringlelment of the constitution — of the United States, which he, as a member of the Convention, — had taken an oath to support, and which was regarded as the glory of the country, and gave us a character abroad. No one would contend that we had the power to infringe that constitution in any of its provisions. That constitution says, “that the — citizens of one State shall be entitled to all the privileges and immunities in the several States.” This resolution prohibits free negroes from coming into the State. Does that sacred instrument—the constitution of the — United States—say “white” citizens. No, sir, you may — search in vain in that instrument for the word white, or black, or — yellow. What citizens does the constitution recognize?—All native born and naturalized citizens. He would refer gentlemen , 210 ; FRIDAY, JUNE 25, 1847 211 to the State of Vermont, no distinction is made in her constitution; there these people have all the priv[iJleges possessed by the whites; they have property and a right to vote. Go to Massachusetts, where he thought they had a little notion of what was liberty— government and right, and there they are entitled to hold property, aright to vote, and, in theory, if not in practice, a privilege of a ' seat in the General Assembly. These men are citizens of those States. Can we say then that a citizen of Massachusetts, Vermont or New York shall be prohibited from settling in the State of Illinois, in direct violation of an article of the constitution of the United States? If that constitution can be violated in one provi- _ sion, itcan bein another. Was any such distinction contemplated at the adoption of that constitution? Do you think that the men _ who framed that constitution would ever have permitted the word “white” to go into the constitution? Every delegate in the Convention that framed that constitution from the North—from _ Virginia and Maryland, would have voted against it. And if they had putitin, the constitution would never [have] been adopted by the people. He came not there to produce excitement by a discussion on this subject. He would rather have avoided it, but by the introduction of this resolution the question had been forced upon them. He would ask the gentleman who introduced this resolu- tion, if he remembered the time, when it was attempted to put such a provision as this in the constitution of Missouri, how the whole north opposed it, and that Missouri could never have been admitted into the Union with that provision in her constitution, without some explanatory clauses. The people would have let her fall into the dust before they would have consented. He was not prepared to say that those born in servitude and yet slaves are citizens, this question did not arise, and he was not disposed to argue it. The first principle of this resolution is unequal, unjust and opposed to the first principles of free government. These colored people came to this country not of their own accord, we brought them here, they cannot get away; it is said to colonize them, how? they cannot colonize themselves. He would not insert a provision inviting them to our State; nor would he have one to prohibit them. Is it just, equal or republican to say in our constitution that an honest colored man, with property and per- 212 ILLINOIS HISTORICAL COLLECTIONS haps education, shall not come to this State because some men of color who are here are lazy? Our armies were now fighting at the south and the probability is that we will extend the area of our freedom, and that States are to come into the Union with people of every stripe and color, and can they come in without full and equal rights? If this clause be inserted into the consti- tution he would guaranty 10,000 votes against it, and in the county of Will he would guaranty a majority of 1,000. The whole north would oppose it. This resolution was the very thing — to produce excitement; such things had been always the cause of it all over the length and breadth of the land. Having thus justified his vote, he did not consider he should define his position. Mr. DAVIS of Montgomery was not desirous of discussing this subject; but while he was sitting there, willing to let resolu- | tions of inquiry, to which he was opposed, pass in silence, he was not willing that gentlemen should tell him that the green north was opposed to this and that subject, and if it passed, the green north would defeat it. Gentlemen get up here and unblushingly say that negroes are equal to them, and unblushingly say that they should enjoy all the privileges of life, social and political, and then charge the south with having caused the excitement. Who first introduced this matter by a motion to strike the word ‘white’ out of a resolution, and then moved the yeas and nays upon it. A gentleman from the north. It was the north that had caused this excitement and not the south. When, sir, 1 get up here and advocate that negroes are entitled to all the privileges of citizenship—social and political—I hope the tongue which now speaks may cleave to the roof of my mouth. There is a barrier between the two races which it is vain to attempt to destroy. He had not arisen to discuss this matter and create excitement, but to repudiate the assertion that our morals should justify us in admitting negroes to the enjoyment of our social and political rights. The gentlemen from the north speak their sentiments, and those of the south have the same right. He said that the object of the abolitionists was to dissolve the Union. He had no more confidence in the abolitionists than he had in the dark and damnable demons of the lower regions. Mr. NORTON rose—but ‘ FRIDAY, JUNE 25, 7847 213 Mr. WILLIAMS claimed the floor as a peacemaker. He said the people had gone to great expense in calling this Convention to reform and revise the government, and not for the purpose of speaking or making provisions about negroes or other little things. There was [sic] the Legislative and Judiciary Departments which required reformation, and it was for this object that the people sent them there. He regretted that in carrying out these prin- ciples they had permitted those subjects to be introduced. He had no fault to find with the mover of the resolution or with those who differ from him. The question was not an abolition one, nor one to admit negroes to social and political equality—but simply, will we permit negroes, after they have given security not to become a burden upon the State, and complied with our laws, to the poor privilege of cultivating our soil and breathing our air. He was not inviting them to come to the State. The African race had been degraded, not from their own crimes, but they had been raised in servitude and without education. Take the heroes of Buena Vista and Cerro Gordo and carry them into a foreign land, and subject them to servitude, and the 4th generation will be as degraded as the negro race. Mr. W. cited several cases which had come under his notice of negroes working and toiling for money with which they desired to purchase friends and relations then in slavery. In conclusion he said, the resolution was more suited for the 14th than the 19th century. Mr. WITT moved the previous question. Mr. LOGAN said, that this was a subject which he had always expected would agitate this Convention. At the same time, it was one which he hoped gentlemen would learn to discuss with temper.—He hoped that the discussion would proceed and with good temper, and that the Convention would listen calmly to what was to be advanced for and against the proposition. He trusted that the gag law would not be put in force on a question which a large number of the people considered of vital importance. He was not afraid to discuss any question on God’s earth. He respected the abolitionists and believed them to be honest and sincere, and was willing to listen to what they had to say. He Was certain the result would be to leave the constitution as it now 214 ILLINOIS HISTORICAL COLLECTIONS is. The question was one which affected the interests and feelings — of a large population of the State, not only abolitionists but others, and he was desirous that their representatives might be — heard. Mr. SHIELDS thought that as the question had been © discussed so fully in Congress and in other places, no new light could be thrown upon the matter now by a longer discussion. Mr. HURLBUT hoped the previous question would not be ~ seconded. There was no use in dodging the question, which might as well be settled now as at any other time. He was not to be affected by taunts from the north, nor will he suffer them to be thrown in his teeth from the south. He would discuss it on | principles of law and morals. Mr. DEMENT said, he would vote to sustain ae previous question, because he intended to vote upon the question with those © gentlemen who desired to be heard. He had heard sufficient from - them, even before the discussion, to induce him to go with them on this particular subject. He hoped, therefore, they would not ~ think hard of him when he voted for the previous question. He did not care for hearing an argument when his mind was made up. Mr. SERVANT opposed the previous question. | Mr. WEST said, that although he was a young man, he did hope the previous question would not be seconded, because he had a desire to express his views on the subject. The county he represented had more of this population than almost any other, and he knew his constituents desired that their representatives — might be heard. He would discuss the question with a omer temper. Mr. MINSHALL was not afraid to hear the discussion upon — this or any other subject; and he thought that if any steam had been engendered that it would be better to let it off at once. Messrs. Hocus, Davis of Montgomery, and Mason, all opposed the previous question, and advocated a discussion now. And the vote was taken and the previous question was not seconded. feet Mr. MASON moved to lay the resolution on the table, and ; that all the laws in relation to negroes be printed. Mr. KITCHELL moved to lay the motion on the table. A division of the question was demanded, and the motion to print FRIDAY, JUNE 25, 1847 215 was laid on the table. The question was then taken on laying on the table the motion to lay on the table, and decided in the negative. Mr. HURLBUT said, he desired to discuss this question without branching off into a discussion of collateral subjects, or exciting angry feelings. He said he would rather vote for the resolution than for the amendment, because it was more direct; but he would vote against both upon principle. The constitution of the U. S. says, a citizen of one State shall be entitled to all the privileges and immunities of citizens of the other States. Itis not in the power of the Convention to infringe this—they cannot get over it. A citizen of Massachusetts was entitled to become a citizen of any other State. The south had raised an enquiry whether the colored persons have the rights of citizenship; that question was not applicable here. The question was, have we the power to say that citizens of those States shall not come here. It will not do for Illinois to say that other States have not the power to make citizens, when she has made citizens of a class of persons in a way unknown to other States. Suppose we should pass a law that a citizen of New York shall not come into this State, how will you enforce it? The constitution of the U. S. directly over- rules it. As to the policy of the law: the gentlemen from the counties on the Mississippi, say they suffer from these free negroes —that is one of the evils of all frontier States; that they come there and are a bad population. But have we the power to make a penal law applicable to one class of citizens, and not generally. No doubt the State has power to pass a general law requiring all persons coming into the State, to give a bond not to become a burden on the State. N. York has the power to pass a law, requiring captains of emigrant vessels to observe certain restric- tions, but that is only the exercise of an internal police regulation and is general. Let us make a law as applicable to those who come into the State at the north, as well as those at the south, one is as good as the other and the only difference is, that one is white and the other black. Let the law be general; but if we pass a sweeping general law, which is special in its application, it must be apparent that it is unconstitutional. It was a thing which he never would consent to. He was not sufficiently acquainted with 216 ILLINOIS HISTORICAL COLLECTIONS those parts of the State affected by these people to know if these laws are required; but he would believe the statements of the gentlemen, as it was not his design to impugn the assertions of — anyone. He would vote against the resolution, if on no other ground, because its adoption would endanger the ratification of the constitution. Mr. KINNEY of St. Clair said, that the present question was _ one in which his county felt a very lively interest. It was situated near St. Louis; they had already nearly five hundred free colored persons collected there from Missouri, and they were perfectly — familiar with their habits. He was satisfied that a large majority — of the people of his county would vote to sustain the resolution of — the gentleman from Clinton. Those members from the northern part of the State did not know how lazy, and good-for-nothing these people were. If they did and could witness their worth- — lessness their opinions would be changed. He was in favor of a fair and calm discussion of this question and saw no necessity for excitement. It had nothing to do with abolition and abolitionists, — and appeared to him a mere question of State policy—a political question. It has been said by the gentleman from Will (Mr. Norton) that he has objections to this resolution because it infringes the constitution of the United States. He says that it guaranties to citizens of one State the rights and privileges of citizens of other States. He forgets that that article of the consti- — tution has been construed to mean that citizens from other States shall be entitled only to the rights enjoyed by the citizens of the State into which they came. Have we not by our present consti- tution prohibited them from voting—a right enjoyed by citizens of our State—and has not that constitution been ratified by the Congress of the United States. He says we have the power to — put these negroes under bond not to become a charge upon the State—this admission is all we want. Suppose a citizen of another State should come here, could we compel him to give this bond? No, sir; we could not. His argument, therefore, is ground- less. To-carry it out, suppose in another State a negro was entitled to hold an office, and he came here to this State, would he not be entitled to hold office here too? The supreme court of the United States says that citizens of one State shall enjoy the same FRIDAY, JUNE 25, 1847 217 privileges as are enjoyed by citizens of the other States. The gentleman from Boone says he holds not to the grounds of the abolitionists, yet, he, (Mr. K.) was much surprised to hear him say that the foreigners, who come to our State, were no better than the negroes. It is not good policy to engraft upon our constitution—the fundamental law of the State—a prohibition against this class of worthless population, and his reason for it was that we are surrounded by a number of slave States, all of whom had an exclusive provision in their constitution against these free negroes. Where, then, do they go? They cannot reside in those States, and they all come into Illinois. When they get old, decrepid [sic] and good-for-nothing, their owners emancipate them and send them into this State. We may have laws upon our statute books against persons bringing or sending them here, but howcan we enforce itagainstamaninanotherState. Hewouldask gentlemen to look at Ohio, the greatest abolition State in the Union, and when Randolph’s negroes were emancipated the agent attempted to settle them in that State, but the people rose in a body and drove them back and would not allow them to come there. They did not want them, they knew what sort of a popu- lation they were, and how worthless and degraded they become, and how troublesome they always were. If we would allow the negroes any kind of equality we must admit them to the social hearth. It was then that equality commenced. We must live with them and permit them to mingle with us in all our social affairs, and, also, if they desired it, must not object to proposals to marry our daughters. Mr. ARMSTRONG moved to lay the substitute on the table, so as to get at the original resolution and make it a resolution of inquiry; but withdrew it at the request of Mr. WEST, who desired to express his views. He said, that the gentleman last up had alluded to what was correctly the con- struction to be placed on the article in the constitution of the United States. He said, that it could hardly be presumed that a citizen of the State of Massachusetts should be entitled to the privileges of our citizens. He believed that free negroes living amongst our people was a great evil, and that the best way to remedy that evil was, by a prohibitory clause in our constitution, f , 218 ILLINOIS HISTORICAL COLLECTIONS to confine them to those free States where they could find a secure and a more equal home. One of the primary influences which induced the people of his county to settle in Illinois, was that they — might not only be relieved from the evil effects of slavery, but, also, — of a colored population. These negroes were, mostly, idle and worthless persons, and his people were very anxious to get rid of them. He had received a letter from one of his constituents this morning, which said that several horses had been stolen, and that to guard against these negroes, it was almost necessary to keep — a watch. 3 Allusion had been made to Massachusetts. He loved and — venerated that State, but there were principles contained in some — of her laws which he never could recognize. The gentlemen from the north, who had spoken on this question, had come from coun- ties which have but five, ten, or fifteen negroes; in our county there were 500, and he would say that the evil was 500 times greater. He hoped some provision would pass, so as to have this matter settled and prevent scenes of violence. We had already had such scenes—the scenes of 1837—and they were to be regretted, and they must ever cast a shame upon our State. He had heard — it said in the Convention that in the canvass, the tree of public © sentiment had been shaken, and that the fruits had been gathered in that hall; and when he looked around him he felt proud of his State, on account of her representatives, and he must be permitted to say, that he never before beheld such an august assembly. Mr. DAVIS of McLean did not agree with the gentleman from Madison. He could not believe that the evil existed to such an alarming extent. He said that he was in favor of leaving the mat- ter stand as it does in our present constitution, and was unwilling to pass any provision which would endanger the adoption of the constitution. He had no desire to engraft anything in that constitution which would offend the people of any portion of the State. He was satisfied that he was sent here to remedy certain great evils in the government, and after having done so was not — disposed to have the work rendered useless or endanger its adop- tion by this or any other such provision. He would leave the matter for future legislation and public sentiment, to dispose of it as the times should require. He was opposed to allowing people FRIDAY, JUNE 25, 1847 219 of color the right to vote, and he regretted that the gentleman from Boone had said that people from other countries were to be put upon a par with negroes. This was casting another fire-brand oe into the Convention. st Mr. CHURCH said, he desired not to make a speech for the __ purpose of making one, but merely to allude to some parts which had not yet been touched upon. He asked if such a provision __ were inserted, how could it be enforced? The laws they had already were not sufficient to keep these people out. He would _ like to hear some gentleman define this. He had been a little _ amused, when this question came up yesterday, to hear the gentleman from Sangamon say it was nothing but an abstract principle. [He read from the constitution of the United States, Mr. Locan explained.] The gentleman from Montgomery had said there was a barrier between the two races—the blacks and the whites—if there was, why attempt to raise it higher. If nature had placed it there, leave it to nature, and not, by your laws, make the difference wider. Put this provision in the consti- tution and you exclude more whites from the State than you do blacks. We are unable to extend the report of Mr. C.’s remarks further. He advocated that the matter should be left to the action of the Legislature, and deprecated the introduction of this provi- sion into the constitution as unsafe, unjust, and impolitic. He also asked, if the ordinance was in force, and Illinois a free State, how was it that, at the last census, 380 slaves were returned? Mr. LOGAN replied to the gentleman last up, and told the gentlemen of the north that when they said that if this provision was inserted in the constitution, that they would all vote against it, they should remember that the north was only a part of the State; that the State had two ends, and if the north voted against the constitution because of this provision, the south had the same right to say they would vote against it if it was not inserted. He advocated for some time a midway policy of leaving the matter to the Legislature. He was opposed to making this provision the _ all absorbing topic that was to influence the people’s votes upon the adoption of the constitution. This would be the case in many of the counties, if this provision was inserted. Mr. BROCKMAN said, that he was sorry to hear gentlemen (ie » Wa aa hate tise iy), eke ae \ ny ’ ‘ all Le se a 220 ILLINOIS HISTORICAL COLLECTIONS throwing out threats that if such a provision was adopted that they would defeat the whole constitution. The people of his county were much concerned in this question, but they would not reject the constitution upon this or any one subject. If we are to cling to some favorite question, and if we do not succeed defeat the whole, we had much better adjourn and go home. He had been opposed to the reduction of the members of the Legislature, because it affected his county, but if the Convention had reduced the number down to 60, he would have submitted, and would have voted for the constitution. The majority should govern, that was the true democratic principle. He had never heard before that negroes were citizens under the constitution of the United States, and entitled to all the rights and immunities of citizens. Would gentlemen like to see their posterity sitting in a legislative assembly with a mixed delegation, as was the case in other places? We must either admit these negroes as citizens or exclude them. He would vote for the exclusion forever. On motion the Conven- tion adjourned. AFTERNOON Mr. JENKINS said, it was perhaps necessary for him to define his position. If the naked abstract question of the right of one man to hold another in slavery were presented to him, he would very probably answer no. But no such question was now before them. He considered that the slaves were in a better condition now than if they were in their own country. He believed the negroes were a degraded race, and could not agree ~ with the gentleman from Adams, that the heroes of Cerro Gordo could ever be reduced by servitude to any such degradation. He conceived this could not be the case, and he would cite the Indian race, which never could be reduced to slavery. The question of slavery was the one which would, if at all, divide the Union, and it must be discussed.—But he considered the question before them _ as a political one—one of State policy only; and it was, whether, in the present state of circumstances, we should introduce a pro- vision into our constitution to exclude negroes from coming into’ our State. It had been agreed that we should restrict the Legis- lature in many things, so as they might not hereafter be disturbed; FRIDAY, JUNE 25, 1847 221 and he asked if there were any questions which would be more difficult to settle by a Legislature than the present one, and if there was a more proper time to settle it than the present?—If a man votes for this resolution, he can hardly escape the charge of being inhuman, and of a desire to render the negroes more degraded than at present, but self preservation was the first law, and for the purpose of peace and harmony, it was our duty to so fix the con- stitution so that this matter should be forever settled. We had only to look at our sister States, and see that this population had led the people into tumult and violence, to know that it was our duty to put astop upon it. It might, for a while, be a punishment upon them, but eventually result in their own good. It would compel them to fix their residence in those States where they belonged, and the people of those States might do something to benefit their condition. Our friends at the north do not under- stand our position at the south. They think us wrong, because they cannot see the evils of this class of population among us. They have in their counties but few negroes, whose interest and policy it was to behave themselves. But we have them in large numbers, whole settlements of them, who do nothing, idle away their time, and are as trifling, worthless, filthy, and degraded as in any part of the Union. It had been said that if we put this into the constitution that the people of the north will go against the constitution. Now, suppose we say that if they put into the constitution a power to create banks, which our people are opposed to, will they hesitate because it may endanger the adoption of the constitution? They do not change their course, but insist upon such a provision. If the provision contained in the resolution be put into the constitution and thereby it is defeated, let it be so; it is much better to have this question put at rest. It has been said on all sides that there was no confidence to be put in the Legis- lature. Why leave this question, then, with them, where it will forever be open to agitation, and by the abolitionists, whose policy was always to agitate. Mr. PALMER of Marshall opposed the resolution in a few words, and then addressed the Convention upon the benefits of colonization. 222 Mr. MOFFETT offered an amendment, that if the resolution passed it should be submitted to the people in a separate article. Mr. BOND said, that it might appear strange that he differed from the gentleman from Adams, (Mr. Witttams) because people had often said that in case that gentleman should drop off first, he (Mr. B.) would be obliged to think for himself. He then replied, at length, to the gentleman from Will, and reminded the Conven- — tion that his resolution was only applicable to those negroes who — may hereafter come into the State. Messrs. CHURCHILL, KircHELL and Know tron, each, made — some remarks on the question; which we are unable to give for want of room. Mr. SINGLETON advocated, in a speech of some time, the adoption of the resolution; and while we have a report of his remarks, we regret that want of space precludes their insertion. Mr. GeEppDEs advocated the resolution, and Messrs. Deirz SHARPE and Powers opposed it. Mr. KITCHELL, who proceeded to address the Convention. — He desired to see such steps taken by the Legislature as would arrest the increase of the negro population in this State; and he was for leaving the subject to be disposed of by that body. Mr. KNOWLTON addressed the Convention, in opposition to the resolution. He was opposed to any alteration of the pres- ent constitution in relation to this matter. He was opposed to the introduction of any subject that would excite sectional feel- ings, and he was extremely sorry to hear the terms north and south so often reiterated in this debate. They were not assembled to make a constitution for a particular latitude; they were not here to consider the interests of one particular portion of the State to the exclusion of another. For his own part, he was for pursuing the course which, to his judgment, seemed the best calculated to promote the interests of the whole State. He could say, as some other gentlemen had done, that he had come here free and un- trammeled upon this question, as well as almost every other; and he should endeavor to act entirely free from prejudice and sec- tional bias. He was for leaving the present constitution exactly as it stood in relation to this matter. i ~ La FRIDAY, JUNE 25, 1847 pees Mr. SINGLETON said, that he had a proposition which he desired to submit, and he would have submitted it, had he been here, when the resolution now before the body was presented, and before the pending amendments had been offered. As he was not, he would not be able to present his proposition at this time; but he desired, before the vote was taken, to make a few remarks explanatory of the position which he occupied upon this subject, and of the views which his constituents, and nearly all the inhab- _itants of that region of country in which he resided, entertained. A great deal had been said about the effect which the incor- poration of such a provision as that contained in the resolution now under consideration, was to have upon the North and upon the South. It seemed to him that gentlemen should not consider the effect which the incorporation of a principle in the constitu- tion was to have upon any particular portion of the State. The only enquiry should be, was it a correct principle? Was it calcu- lated to advance the interests—to preserve the peace and quietude of the State? These were proper inquiries. But if there was to be a system of log-rolling, if a principle was to be adopted because it was desired by any one portion of the State as an offset for some advantage to be granted to, or gained by another portion, then > he thought it would be better to adjourn and go home. No good could be accomplished by acting upon such a system as that. He would vote for what he considered to be right, no matter whether his constituents coincided in opinion with him or not. If he be- lieved that a principle was right, he would not stop to inquire whether it was so considered by the people at large. If he was convinced of its correctness it was all that was required to secure his vote. His own feelings had always been upon the side of slavery. He came from a slave State. He had lost none of his sympathies for slave-holders and slaves. He had a deep sym- _ pathy for slaves, for he knew that the conduct of those men in his State and in others, who pretended to be endeavoring to better the condition of slaves, instead of bettering their condition, was involving them in deeper degradation. This question ought to be met with an honest endeavor to preserve and promote as far as possible the happiness of the unfortunate negro, and to set at rest all those animosities which have heretofore disturbed the 224 ILLINOIS HISTORICAL COLLECTIONS country. There was no question which had disturbed, and which — would in future disturb and agitate this country so much as this question of slavery. He feared it was to be the power which was to break the cord which had bound us together as a nation. The — federal cords he feared were to be broken by it. This union, © unless a different course were to be pursued, would be dissolved, — and it would be by means of this very question. It would not — be so if we were to come up and meet the question as we ought. We were told that we would build up an abolition party, here by — the adoption of such a resolution as the present. He cared not though this should be the result.—Were we to be deterred from the avowal of our principles, because by doing so we might array _ a party against us? This was not a sound doctrine. It was right that there should be some constitutional provision upon this sub- ject. It should not be left to the uncertainty of future legislation. _ We came here professing to have in view retrenchment.—This he conceived would be a very important step towards that object; for if the question were left open for the next ten years, one-quarter of the time of the sessions of the legislature would be consumed by legislating upon this very question. Petitions would come in, asking for the abolishment of existing laws, and the subject would — be continually agitated. The object of the resolution, as he understood it, was to pro- vide some permanent rule by which both parties should be gov- ~ erned upon this subject. He was aware that a great number of persons had come to Illinois for the purpose of getting rid of slavery, not for the purpose of interfering with their neighbors, and of breaking down the institution of slavery; but to avoid the evils attending that institution, seeking repose, and endeavoring to get rid of the annoyances to which they were subjected in a slave State. Such men had a right—it was their duty to use every means in their power to keep free negroes, as well as slaves out of the State. Now, if we are to have, continued Mr. S., any slavery, that is negro slavery (for God knows we have enough of of every other kind), it is useless for gentlemen to talk about mak- ing this a free State. The States have agreed among themselves that no person who is bound to labor in one State, shall escape into another and be protected in consequence of any law in force FRIDAY, JUNE 25, 1847 225 in that State to which he has escaped, and this has laid the foun- dation for a constitutional provision. The United States upon the adoption of a federal constitution, thought it best that a gen- eral rule should be laid down upon this particular subject. It was then expected that individual States would each carry out the provision thus inserted in the constitution of the United States by the enactment of State laws. But we see that it has not been done. Pennsylvania at one time decided that'the legislature had no power to carry out the provisions, and Illinois decided that it had. For myself, I believe that each of the States had the power, and that we have the power to enforce it by legislation as well as by constitutional provisions. But I prefer that it should be a constitutional provision, in order to give it permanency, in order to avoid that fluctuation to which the laws of Illinois are very sub- ject. Now, are we to leave this subject open, and permit Illinois to be a receptacle for all the worthless, superannuated negroes that slave-holders may chance to send into the State? Sir, it is not because that I dislike the negroes that I object to their coming into the State. I feel a sympathy for them; but this is a matter of self-defence. We are bound as a defensive measure to incor- porate some provision of this sort into the constitution. We do not know how soon the question may come up in the legislature, in such a manner as will endanger the peace of the whole State. We know that it is a most exciting question, and by whatever method we can most effectually avoid its recurrence, it will be the best policy for us to adopt that course; and nothing less will do, it appears to me, than the insertion of a provision in the constitu- tion, which will settle the question as long as the constitution remains in force. Now, it has been contended by those who are opposed to the resolution, that we have no power to do it, because the constitu- tion of the United States provides that the citizens of each State shall be entitled to all the privileges and immunities which are enjoyed by the citizens of another State to which they may emi- grate. Now, suppose a person acquired citizen-ship at the age of seventeen in the State of New York, and should then come to this State; would he be entitled to the rights and privileges of a citizen here? No sir, he would be subject to the limitations and restric- bral Pia val fy ae ae LN dy Be Ae Bie as be" 226 ILLINOIS HISTORICAL COLLECTIONS tions which are imposed by the laws of Illinois, in regard to citizen ship. Well, have we not the same power to limit as to color that we have in regard to age? Unquestionably. It is a curious argument that has been used by some gentle- é men, that by excluding negroes we exclude white men. I do not — know how this is to operate, unless it apply to some particularly attached friend of the negro, who may feel disposed to follow him. — If that be the case, then we should express it fully in the provisions _ which we adopt. Now, if there are men in Illinois who prefer — the society of negroes, if there are men so extraordinarily anxious to associate with negroes, let them accompany their favorites to some locality where their presence may not be objectionable. — But in this State, there are men who prefer the society of white — men, and who have come here to get rid of an intolerable nuisance. Sir, I could with some patience listen to a proposition for the toler- ation of the presence of the negroes in this State, if it came from the negroes themselves, but when I have it coming from those who are acting from motives of interest, who are contemplating profit from the presence of negroes in the State, I have no patience. The distinction which God has made between the races can never _ be abolished. Sir, I do hope that the resolution will pass, and I have here another which I intend to bring before this Convention at the proper time. a Mr. SincteTon here read the resolution which he had intended. : to offer. \ The objections which will be brought up against a proposition | of this sort are the very same as those which are urged against the proposition now before the convention. That this convention ought not to legislate upon the subject, for it is legislating. It is high order of legislation, and those are very questions for this — body to legislate upon. Now, I ask is it not proper that we should adopt some permanent provision on the subject? Is it not a question of sufficient importance to demand the action of this — body? If not, then let the subject be disposed of at once. If it — is, let us say to those who are advocating the introduction of negroes here, and for extending to them all the privileges to which citizens are entitled, that we are not disposed to engage in any thing of the sort either now or hereafter. FRIDAY, JUNE 25, 1847 227 But it is said, it is better to postpone the consideration of this "subject. Now, I think every man’s mind must be made up in “regard to it. What would you think of a man who would say to _ you, | have a negro and you have a pretty daughter, I should like ‘a marriage contracted between them, I do not want you to decide = postpone your decision until some other time? Now, this is saa is proposed here. It is an indirect proposition that the people of this State shall abolish all these distinctions which have é eee iofore preserved and protected society for the benefit (I do "not know whether it is for the benefit, whether it is for the amel- " ioration) of the condition of the negro or degradation of the white population. I did not intend when I arose to detain the conven- _ tion so long as I have, but it is a subject on which I feel deeply, "and it is a question of more importance, I think, than it seems to _ be considered by gentlemen who have been discussing it. I hope at least that gentlemen will consider well, before they give their _ votes, whether it is not better to adopt a permanent rule on the subject, than to leave it open to future legislation. Mr. GEDDES next addressed the Convention. He was desir- ous that some prohibition against the introduction of a black _ population into the State should be enacted, but he was appre- hensive that the insertion of such a provision into the constitu- tion would create much difficulty, and might endanger its final adoption. If he were here in a legislative capacity, he would feel himself called upon to sustain such a proposition as the one now offered, but he thought it would be better that it should not be made a constitutional provision. He felt deeply for the condition of the unfortunate negro. He regarded slavery as a moral evil, but he did not believe that it could be abolished in the United States without creating ten-fold greater evil. The people of the _ South he regarded as the best friends of the blacks, and the climate of the South was best suited to them. He thought, therefore, that there would be no hardship or inhumanity in prohibiting them from entering this State; and he would be glad, therefore, to see such a prohibition enacted by the Legislature.]” Mr. LEMON was in favor of a prohibitory clause against *1 This insertion is taken from the Sangamo Journal, July 1. 228 ILLINOIS HISTORICAL COLLECTIONS negroes coming into the State for many reasons, which we hays it not in our power to furnish. In conclusion, he said, that he did not believe they were altogether human beings. If any gentleman’ thought they were, he would ask him to look at a negro’s foot! (Laughter.) What was his leg doing in the middle of it? If that was not sufficient, let him go and examine their _ nose; (roars of laughter) then look at their lips. Why, their seutls [sic] were three inches thicker than white people’s. a Mr. WEAD briefly opposed any provision in the constitution, as the Legislature had full powers to legislate on the matter. 5 Mr. McCALLEN opposed leaving this matter for future . legislation, and advocated the adoption of the provision. Mr. VANCE moved the previous question. Mr. PALMER of Macoupin moved to lay it on the table. Mr. SINGLETON moved an adjournment. Lost. The yeas and nays were taken on laying the subject on the table—and resulted—yeas 80, nays 55. a Mr. LOGAN moved that Mrs. Brown and daughters have the use of the Senate chamber on Saturday evening, for a concert Carried. - And then, on motion, the Convention adjourned. XVII. SATURDAY, JUNE 26, 1847 Prayer by the Rev. Mr. Patmer. Mr. SINGLETON presented the petition of H. G. Grimsley and others, for a provision in the constitution to prevent the emigration of negroes to, and the emancipation of, slaves in this State. Referred to the committee on the Bill of rights. [Mr. §. said: It would be a reflection upon the sagacity of the House to attempt to conceal his object in presenting, at this time, the petition that had just been read. The subject had been large- ly discussed, and on yesterday laid upon the table of this house, where gentlemen intend it shall remain. He was not content with this discussion, or satisfied with the course taken upon the subject of this petition, by honorable gentlemen on this floor. He was determined not to be satisfied. It was a question of im- portance to the people of Illinois, and so considered by his con- stituents, and for them he should speak. He had, therefore, availed himself of this method of reflecting the will of his constit- uents, and of expressing his own deep feelings upon the subject. If I had asked this house to reconsider their vote of yesterday, upon the resolution of the honorable gentleman from Clinton, and that reconsideration had, the proposition would not have been in a shape most acceptable to its friends. In order, then, to present this question to the convention in another and different shape, and at the earliest moment allowed by its rules, the form of peti- tion has presented itself as the only practicable mode. My object, continued Mr. S., is not to abridge the privileges of the unfortunate negro, except as incident to the assertion of a principle and the correction of a most dangerous and diabolical practice. I speak, sir, upon this floor for my constituents and for “myself, leaving to the superior ability of each friend of the prop- osition, contained in the prayer of the petitioners, the expression of their own views and the feelings of those they represent. The petitioners have indicated in their prayer to this body, BIH Sis (Bidets ion bing Wis sb MED bat nM adh bela Ao CO Aes STE ete aan Ca Rah Cc ateay ee their desire for such a permanent constitutional ile: upon ~ subject of free negroes, as will of itself effectually prevent their introduction amongst us, and at the same time prohibit the inter- ference of our citizens with the negro property of our neighboring 4) against any violation, by the inhabitants of this Stiles, of coon rights which have their foundation in the constitution of the United States, and acknowledged and respected by their laws. a But, Mr. President, it has been objected upon this floor, and — elsewhere, that this is not the proper subject of constitutional law. And this objection, sir, comes from a quarter hitherto re- spected. Shall I believe, sir, that gentlemen who urge this objec- tion are sincere? Shall I be thus free to yield up this question— ~ my high opinion of their legal learning and sagacity? Or shall I concede that it was made for the mere sport of the breeze, and when the storm should rage, new counsel would be heard? Sir, I cannot consent to be guilty of such gross injustice to those gen- tlemen as would result from an acknowledgment of their sincer- ity. Do gentlemen who support this objection see that if i prevails, that they have contributed to the attainment of a most important and desirable object by the abolitionists—that it — lays the foundation, is the basis, the very platform of all their — future operations—that without this foundation no substantial _ fabric can be erected by them in this State—but upon such a — foundation they would erect a superstructure that would last” , until the hour of a bloody revolution? FS Se But at this point I am met by the arguments of gentlemen on. ‘the other side, ‘‘that the legislature will have ample power to correct this evil.’’ Sir, I ask the gentlemen in reply, whether this is not a subject worthy of a permanent rule, and that it ought not to be subject to the changes that characterize the legislation of Illinois? And I ask gentlemen, whether the legislature, influ. enced by the example of this convention, would not rid themselves of the responsibility by postponing the subject to a succeed ing legislature, and so on, until the evil shall have subdued our — strength, and conquered all our hopes? If this matter is left open — for the action of the legislature, away with all hopes of domestic happiness in Illinois. If this subject, of such high importance to i SATURDAY, JUNE 26, 1847 231 the social condition of Illinois, is not worthy of a place in our con- stitution, then had we better return to our constituents, never again to ask the honor of their trust and confidence. Gentlemen have said, that the principles asserted by the reso- lutions were correct, but could not be enforced without legisla- tive enactments. Sir, the friends of this measure desire for many reasons to take the matter out of the hands of the legislature en- tirely. Hence, the resolution provides that ‘‘the constitution shall of itself contain sufficient power to correct the evils com- -plainedof.’’ Asa matter ofretrenchment, aconstitutional provision would be eminently useful to bring the expenses of the legislature within proper limits. All these exciting and time-absorbing questions should be excluded from its jurisdiction. If the question should be left to the legislature, it would become the subject of barter and exchange in adjusting the various interests of the State. Gentlemen representing counties where the evil did not exist, would readily exchange their votes for or against the black laws, as they are called, for the purpose of securing some favorite meas- ure of his [sic] constituents. It would at once hoist the food-gates of corruption, and from the fountain of power would our country be overwhelmed. But two other objections have been urged to the proposed provision, and with much energy upon the part of their respective friends. The honorable gentleman from Sangamon objects, be- cause in his opinion, it would endanger the adoption of the amended constitution. Thegentleman from Boone objects, because in his opinion, the North would reject the constitution, and for the additional high and weighty consideration, that we should be contravening the constitution of the United States. Sir, the con- stitution of the United States has laid the foundation for this pro- vision; the States conceived it necessary in justice to each other, for their mutual peace and good will, and for the perpetuation of national harmony, that it should be so laid. The second section of the fourth article of the constitution of the United States, is intended to operate upon those only who are held to service or labor in any State or territory within the limits and under the jurisdiction of the United States, and who may escape from such _ service or labor into this or any other State or territory within the 232 ILLINOIS HISTORICAL COLLECTIONS prescribed limits. The States owe it to each other, that this pro- © vision should be strictly enforced, by the adoption of such per- manent and constitutional provisions as will effectually prevent the interference of the inhabitants of each, with the negro property of the other. But, Mr. President, this is not the constitutional provision by which thehonorable gentleman from Boone (Mr. Hur gut), seeks to establish the want of power in this Convention to enforce the proposition before it on yesterday; that provision is in these words: ‘“The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States.’? ‘The gentleman supposes that all distinctions of color are, or may become unconstitutional,—that if a negro, who by the ~ laws of New York is a citizen, and may exercise the right of suff- rage, should emigrate to this State, he would in consequence of the — laws of New York, and his emigration to the State, be entitled to all the privileges and immunities of free white citizens of Illinois. Sir, this doctrine is too absurd to excite the least alarm. I apprehend that the gentleman would not insist that a boy of the State of New York, who was by the laws of that State entitled to vote, would upon his arrival here, in consequence of the New York laws, be taken out of the limitations and provisions of our own — laws concerning minors? Has New York the right to fix an age of majority for us, and the qualifications of our electors?—Have we not full power to limit the rights of suffrage to those who have © resided twelve months in this State? And have we not, sir, a perfect and indefeasible right to limit it to free white men over the ~ age of twenty-one years? The objections of the honorable gen- tleman from Sangamon (Mr. Locan), do not apply to the proposi- tion now before this Convention, nor sir, did they well apply to the proposition which was laid upon your table on yesterday. — Sir, we have no desire to encumber the various amendments that will be submitted to the people:—or rather, sir, we wish this prop- osition not to be encumbered or endangered by any other amend- ment, and therefore the proposition now before the house is, that it shall be submitted as a distinct and separate amendment. Its friends rely upon its own intrinsic merit, and upon the high sense of popular honor and popular justice. But, sir, suppose it was not proposed to submit this to the people as a distinct and sepa- SATURDAY, JUNE 26, 1847 233 rate provision—as was the case with the proposition of my honor- able friend from Clinton, are we Sir, to be deterred from doing our duty here, because the gentleman objects that the North will reject the constitution? Has Illinois no other point but the North? Is there no South, no East, no West to the State? Have these ‘points no power, no votes to give, for or against, the constitution? Is the voice of the North to prevail upon this floor to the exclusion of every other interest? Then, sir, let the south, the east and the west unite their feeble voices for their mutual security. If it is the determination of northern men to draw a line of distinction between the north and the south,—if the north is resolved upon a mixed society of free blacks and white population, with equal privileges, then, sir, let the line be formed that my constituents and myself may seek repose upon its southern side. What, Mr. President, are we to think if gentlemen are truly representing the north upon this subject? How monstrous the declaration they have made! How threatening to the peace and all the sacred virtues of the State! Have gentlemen who would claim for New York negroes, or the negroes of any other country, the privileges of free white citizens of Illinois, sir, inquired into the extent of these privileges? If they have not, sir, let them divide the sovereign power of this State into as many parts as there are free white male citizens over the age of twenty-one years, and each part will be found to contain the privileges of a citizen, they will be astonished at the extent of privileges they claim for that degraded race. Sir, the fairest daughter in the land is not beyond their reach; the highest pinnacle of power and station, is accessible to their ambition; all the refinements of society are crushed and swallowed up in their progress, till not a virtue is left to mark our once exalted and dignified race. There are, sir, upon this floor undisguised abolitionists, who have in this hall voted directly upon the subject of abolishing the distinction of color. Sir, I admire the manly independence of those gentlemen, the color of their flag is not concealed, whilst I hate and despise their principles; but, sir I cannot express the slightest approbation of the conduct of gentlemen, who from various motives have voted with the abolitionists in securing a most important advantage to them and alike dangerous to us. If gentlemen have been actu- 234 ILLINOIS HISTORICAL COLLECTION ire ated by their regard for northern men, and hee are here Hebe sented as northern principles, then let us have an open avowal,— throw off the flimsy cover of specious theory, and frankly acknow! edge their degeneracy, that southern opinion, and southern prin ciples may see and know by what they are opposed. oh eam I cannot, sir, from my knowledge of northern gentlemen and ladies, believe that they are truly represented in all things upon this floor. Among them are many I feel proud to call friends, and to whom the idea of being reduced to the society of negroes wouk be most frightfully revolting. But, sir, If I did believe it, my course here would not be changed. I have made the proper in quiry of my conscience, and my constituents; they answer tha am right. They are not willing that a handful of abolitionist should trample over the great body of the people of this State, because they threaten to vote against the adoption of the con- stitution. Gentlemen should not be deterred by such threats from, giving their support to correct principles, irrespective of men or places. The effect of a principle upon a given portion of the ‘Stat ought not to be considered. Enquire and learn the general ten ine effect and correctness ofa principle, and apply 1 it alike tor 2 abolitionists without the desired prohibition. If gentlemen per- sist in arguing that it is not the duty of this Convention to act upon the question, then, sir, am I willing to meet them upon ha way ground, and strike out from the constitution everything which relates to slavery and involuntary servitude, if nothing but _the society of negroes will suit gentlemen. Then, sir, leave ever citizen of the State at liberty to introduce slaves if he pleases, and those who do not like the relation of master and servant will have an opportunity of indulging their taste. J The honorable gentleman from Winnebago added one other to the objections already noticed, that if this provision is adopted, 1 will drive many of our best citizens from the States. Truly, Mr. - President, a most deplorable event that we shall lose that portion — of our population who prefer the society of negroes to that of th SATURDAY, JUNE 26, 1847 235 own race and condition! Sir, if there are such men in this State as the honorable gentleman speaks of, they can now have my leave of absence. Is the time of this Convention to be employed in attempting to reconcile men of this kind? Sir, the world is large enough for us all, and I have no desire to impose any restraint upon the taste of any men, if they are anxious to become the associates of negroes, or if they desire to establish any other rela- tion between themselves and the negroes. I hope they may be indulged, but not at the expense of those who have no such taste or ambition. When a petition was presented a few days since, praying among other things, that this Convention should abolish all distinction between the white man and negro, I moved to lay the petition on the table until December a year, because sir, it was an insult to this body, who were asked by the petitioners to degrade them- selves; abolish all distinction between ourselves and the worthless herd of innumerable wretches that would flock to our State; but, sir, that petition was referred. For what, sir? For mere formal respect to the petitioners! Gentlemen thought and declared that it was right it should be considered. I will again refer to the case I supposed on yesterday—that there are two men living in the same neighborhood, one has a beautiful and interesting daughter, the other, had a well bred negro man in his employment; the latter proposes to his neighbor, sir, I wish you to receive my negro man into your family as a gentleman; extend to him the society of your daughter, and encourage their marriage together. Now, sir, I ask, could such a request be listened to by any man of ordinary self-respect with any degree of patience? Would he indulge the audacity of his unprincipled neighbor by delaying his answer? No, sir! Time is not necessary for the consideration of subject, and the answer, no, with a corresponding action, would put the contaminating wretch to flight. All such petitions contain in substance the same request, and ought to be as summarily dis- posed of. Members’ minds were made upon this subject and they were ready to decide, but out of show of respect the petition must be referred. I have no respect, sir, for such petitions, or those who sign them, nor would I have them believe from this deceptive policy of referring that I had; and I am grateful to know that my 236 ILLINOIS HISTORICAL COLLECTIONS — name stands among the independent spirits of this body who voted against its reference. Allow me Mr. President, to return for a moment to that ob- jection which seems most popular and plausible with gentlemen who have opposed our views on this discussion. It has been reiterated upon this floor, that this subject more properly be- longed to the legislature. If it does, then let me ask if this body does not constitute the supreme legislative or law-making power of this State? It is the highest legislative power known to civil society, for whose good government and laws have been insti- tuted—an object worthy of our action and patient deliberation— upon the organization of society governments were erected for their security and protection, and as society lies at the foundation of government, all laws, either supreme or subordinate, should be framed with reference to its preservation and protection. It is our duty to see that it is not crushed and destroyed by the blight- ing curse of neglect. Society has given birth to power, and in the exercise of that power, its claims should first command our atten- tion, and be the last to be postponed. Whilst the time and attention of the Convention is employed in arranging the length, breadth and power of office, and officers, the mere details of gov- ernment is a great and paramount principle, to be overlooked, the influence of which is felt everywhere, extending itself to the family altar and the peaceful fireside. Sir, I cannot be content with such ~ neglect of such a principle. I now come, Mr. President, to consider the effect of leaving - this question open, having already adverted to the effect of such a course upon the legislature, and the possibility of a further postponement by that body. I will consider briefly, its influence upon the question of equality as presented by abolition-— ists, and its moral effect upon the community at large. Illinois has already been the theatre of outrages which brand her with almost indelible disgrace. The rights of neighboring States have been openly disregarded, the property of our neigh- bors forcibly taken, and forcibly withheld. Our own halls of justice have been invaded to inflict this violence, and now, sir, the public peace and tranquility, public and private justice, a due re- gard for the compact between the States, our self-respect, our = on Re gle aeoalies SATURDAY, JUNE 26, 1847 237 peace at home and our character abroad, all unite in demanding a remedy. If this question is postponed, an important point is gained by the abolitionist, without which they could not succeed with their iniquitous schemes; hence they are emboldened by this temporary triumph, they see their influence is felt and acknowl- edged, they will come out from their hiding places, and that which has been done under cover of night will be openly transacted. The negroes, sir, will be emboldened, and the public highways will scarcely afford them room to pass, such will be the rapid increase of their numbers and consequence. The States that surround us have taken measures to rid them- selves of this nuisance whilst Illinois, with open arms, invites them to her embrace. It is substantially an invitation to the super- annuated and worthless free negroes of the south to come within our borders; it gives them assurance of present liberty, and future equality. Itisin effect, a license to those who wish to engage in the lucrative business of negro-stealing from our sister States. It furnishes such men with facilities that could not be otherwise supplied, free negroes, thus introduced, become the agents and willing instruments of designing abolitionists; their depots will be erected upon each line of ‘‘underground railway,’’ under the superintendence of some bold and enterprising free negro; and Illinois become the receptacle of this worthless and refuse popu- lation of all the States—And we shall not find good citizens from abroad coming here, sir, to seek their society; but, on the contrary, those good citizens of IIlinois, not lost to all the finer feelings of their nature, will seek another home. That equality here boldly proposed, will gradually but imperceptibly fix itself upon the institutions of the State. A Nat Turner will spring up to conduct a war of extermination against the whites. If, sir, in the slave States an attempt to exterminate the whites should have been made, is it beyond the limits of probability, that in Illinois, where all legislation tends to encourage it, that it would also be attempted? The scenes of South Hamptonin Virginia, will be re-enacted in Illinois; and the blood of our citizens be the alarming sacrifice. A minority of this body have demanded a remedy, without it their voice can never be still; though small in number, I am proud to be one of them; our position now is that 238 ILLINOIS HISTORICAL COLLECTIONS of sentinels upon the outer walls of the ramparts of social liberty, — and our exertions will ever be to awaken Illinois to a sense of her danger. History presents to us an example that gives us hope; the example of our revolutionary fathers forbids us despair. The patriotism of our glorious revolution first found in the hearts of a few, resisting the waves of British vengeance that __ lashed our shores, strikingly illustrates the power of the few, when coupled with unconquerable determination; but, sir, there is still another and broader foundation for our hopes, to be found in the ‘more calm and deliberate consideration of this subject, by honor- able members of this convention; when they look at the tendency of this great question to break the cords that bind us together as a nation; when they consider the inevitable tendency of their decision, they cannot consent to return to their constituents with- out repairing the insult and the wrong they have done them. The effect of this question may be seen in the condition of our federal Union. The strength of our government has so far been equal to every internal division; but, sir, it owes its success to the concentrated power of a united people. The odious doctrine of abolition will ‘‘divide and conquer,’ and too much reliance on the strength of our government exposes us to.a weaker power; broad, deep and firm as this government may be in its foundation, bold and commanding in its superstructure, it is not beyond the reach of such odious steps as have been allowed to abolitionists upon this floor. And when the time comes, sir, who will sympa- thize with Illinois, when the hideous shouts of exultation rise from a victorious negro population in Illinois? What sound but the death shrieks of liberty? Shall we hear it?]8 PERSONAL Mr. CAMPBELL, of Jo Daviess, asked to be excused from | any longer serving on the committee on Education. He assured the Convention, that in making this request, he was not influenced by any change’ of feelings or abatement of zeal, in regard to the great cause of education. Whatever situation he might occupy, his best efforts should continue to be directed to the advancement °8 This speech by Singleton is taken from the Sangamo Journal, July 8. ee 2 ee oe F3 Se 7 as, = SATURDAY; JUNE 26, 1847 239 _ of that cause, upon which depends in an eminent degree the moral, _ religious and political prosperity of the people. Mr. GREGG said, that the course of the gentleman from Jo Daviess (Mr. CampBELL) was not unexpected to him (Mr. G.) _ after what had occurred the other day during the absence of that _ gentleman. I hope, however, said Mr.G., that what hasoccurred wil not cause him to withdraw from the committee where his _ experience may be so serviceable to the Convention and the State. 3 [In order to make the report intelligible, the reporter would , here state, that Mr. Campsett is chairman of the committee on _ Education, and for the purpose of obtaining information and "4 Statistics, relating to the questions which had arisen and were _ likely to arise in the committee and the Convention, he went to Jacksonville on Wednesday last, after having apprised the com- ' mittee of the object of his visit. On the following morning, _ Mr. Epwarps of Madison, from the committee on Education, - introduced a resolution, that that committee be requested to consider and report provisions for the security of the school fund; _ for a system of common schools, calculated to furnish Education to every child in the State; and also for the appointment of a : superintendent. After submitting the resolution, Mr. Epwarps __ made a long speech upon it, which, after it was concluded, the _ chair ruled out of order, on account of a resolution then on the table, which was entitled to precedence. Further action upon Mr. E’s. resolution was then postponed till the resolution entitled _ to precedence was disposed of; when that of Mr. E. again came ‘up, Mr. Grecc moved to postpone it until Saturday, when Mr. _ Campzse_t would be present. Messrs. Epwarps of Madison, 4 CHURCHILL and Servant, also advocated its postponement. _ Messrs. Wittiams, Evey, Davis of Montgomery, Pinckney and _ Kwowtron opposed it, and, after being amended, the resolution was adopted.] Mr. EDWARDS, of Madison said, for one, Mr. President, I exceedingly regret that circumstances have occur[rled to produce _ anunfavorable impression upon the mind of the honorable member i _ from Jo Daviess (Mr. CampsELL) in relation to what transpired ae - during his absence. There is no gentleman in this State for whom wT entertain a more profound respect, than the gentleman who See eee 240 ILLINOIS HISTORICAL COLLECTIONS stands at the head of the committee on Education, and I assure him and his friends, that the part I bore in the action of the — committee which was had during his absence, was not prompted j by the least disrespect to him, but a desire to settle certain pre- — liminaries and to pave the way to the consideration and investiga- : tion of questions which it was expected would come before the - committee. I sincerely thought that the presentation of the — resolution and the reference of the subjects included in it to the com- i mittee, would be approved by the honorable chairman of that committee. It was agreed by the committee, that no final action ¥ should be had upon those subjects, until after the return of the — chairman, in order that he might participate in the deliberations — which might be had. i So far as I was concerned, Mr. President, I had but one desire, i that of settling preliminaries necessary to enable the committee 4 to enter upon the duties appropriately belonging to them. I was but an humble pioneer in the important matters involved in the ~ resolution, and it was not my purpose to act upon them, in the — absence of the chairman, whose experience and information were -indispensible to an efficient performance of the duties assigned to the committee. I was too deeply impressed with a sense of that gentleman’s capacity, to attempt to act without the aid of - his abilities. The high estimation in which he is held by the people, and his past services in the cause of education, entitle his — opinions and suggestions, on all questions before that committee, — to more than ordinary consideration. In conclusion, Mr. President, I will repeat, that the 1 imputation that the committee acted in any manner inconsistent with a sentiment of the highest respect for the honorable chairman, is undeserved, and I hope that he will be induced to remain on the committee where his services are so much required. Mr. DEMENT said, that the course of the member Frou Jo Daviess (Mr. CampBELL) was not unexpected by him (Mr. D.). I have, said Mr. D., heard the explanation of the honorable — gentleman from Madison (Mr. Epwarps) with much pleasure, and I should regret to have the member from Jo Daviess persist in his application to be excused from serving on the committee. — I hope that he will reconsider his application, and not withdraw — SATURDAY, JUNE 26, 1847 241 from a station which he is so eminently qualified to fill, with honor to himself and advantage to the State. I hope that he will be satisfied with the explanation of the member from Madison. I think that the difficulty has arisen in consequence of a desire on the part of the committee to act seasonably upon the matters before them; but I think, inasmuch as the chairman was absent for a day or two, for the purpose of collecting data and information to aid the committee in their investigations, that they ought to have awaited his return. I did think that there was ground for disagreeable feelings until I heard the explanation of the gentle- man from Madison. It is well known to the Convention that the subject of educa- tion is one in which the member from Jo Daviess takes the deepest interest. He was the first to present the propositions embraced in the resolution, and he has distinguished himself for the zeal he has manifested in an improvement of the school system. These facts are well known, and will account for his desire to participate in the action of the committee upon subjects that may be referred to them. I am satisfied that there are no bad feelings on the part of the committee towards him, and I hope that he and his friends, of whom I am proud to be one, will be satisfied with the explanation that has been made. Mr. CHURCHILL said, that he supposed, when the resolution was introduced, that the committee was doing what the chairman would approve of.—He was, at the time, opposed to any final action upon the matters embraced in the resolution, but he did not then object to their being referred to the committee. Mr. PINCKNEY said, he hoped that the gentleman would remain on the committee. He (Mr. P.) did not know, when the gentleman was absent, that he was engaged in the business of the committee. Mr. CAMPBELL said, that he had apprised the committee of _ his intended visit to Jacksonville, and the object of it. Mr. CONSTABLE said, that if the gentleman from Jo Daviess __ had been present when the resolution was offered he would not _ have taken exceptions to what took place on that occasion. The resolution was merely one of inquiry, not intended to be acted Se aL aaa bre PAG CAA ah Sonam iy Tita 242 ILLINOIS HISTORICAL COLLECTIONS upon by the Convention at that time; and when the gentleman ~ from Cook (Mr. Grecc) proposed to postpone the debate till the — chairman of the committee should have returned, no member on ~ the floor was more warmly in favor of a postponement than the honorable member from Madison (Mr. Epwarps). He thought that his friend from Jo Daviess was under a false impression in — relation to the treatment he had received at the hands of the ~ committee, and he desired that he would withdraw his application — for a discharge, and consent to continue to serve as chairman. Mr. SHIELDS said, that he was persuaded that the committee — intended no disrespect to the gentleman from Jo Daviess. He — had told the gentleman from Ogle (Mr. Pinckney) that the ~ chairman of the committee was absent, and that he (Mr. S.) © thought it proper to defer action until his return. ay Mr. PRATT. As a friend and colleague of the member from | Jo Daviess, it may not be regarded as improper in me, to express _ my views in relation to the subject which has given rise to this debate. In doing so, sir, I will not say that 1am prepared tourge — him to persist in his request to be discharged from the committee, — after what has been said; but I will say, that I approved of his application, because I deemed it the only step he could take to maintain his own dignity and that of his constituents. It is known to this body, that my colleague had been absent from the people he now represents, for a period of four years, and that he returned to them only a few days before his election. He had been, during the period of his absence, serving the people in the - capacity of Secretary of State, to his own detriment, so far as pecuniary matters are concerned, and it was his purpose, when — he returned to Galena, to engage in the practice of his profession — and repair the pecuniary loss he had sustained by accepting office. Independently of the ardent friendship entertained for him by the people of Jo Daviess, he had other pretensions to a seat in this — body, among which were the services he had rendered in behalf — of education. These, together with his great personal popularity, led his constituents to urge him to return to Springfield as a delegate to this Convention. He consented to make the sacrifice, — and it is but natural that a desire should be felt to sustain the high — estimation in which he is held by his constituents. In this, how- — SATURDAY, JUNE 26, 1847 243 ever, he is doomed to disappointment, if the newspaper report of _ the proceedings of Wednesday last, is to go abroad without expla- _ nation. In these reports there is no explanation of the cause of his absence from his seat.—[Mr. P. here read the reports of the Journal and Register newspapers, which did not state that Mr. _ Campse.t was absent on the business of the committee.] His _ constituents (continued Mr. P.) might infer from this report, that he was absent from his post at the very moment when his services, as chairman of the committee on Education, were required; and this circumstance, unexplained, might go far to prejudice him in the confidence of those whom it is his highest aim to faithfully _ represent. This, together with a refusal by the Convention to postpone action on the resolutions offered by Mr. Epwarps, until _ the chairman of the committee could be heard, would in the absence _ of explanation be a poor compliment to that gentleman, and in _ addition, would furnish to his enemies, abroad from here, quite too ready a weapon, which they might wield to his i injury. These things were well calculated to mortify his feelings. i It is due to the honorable gentleman from Madison to say that, at the time the motion to postpone was made by the gentleman from Cook, it was seconded by him and urged in an appropriate manner; but I must say, sir, in this connection, that the gentleman from Ogle did not, in my judgment, act in this matter with that delicacy and courtesy which some years’ acquaintance with his good name and reputation had taught me to expect from him. When my colleague, the chairman of the committee on Education, notified the committee of his intended absence, it was but courteous to postpone any action in the Convention on subjects previously brought by him before that committee, until his return; yet the gentleman from Ogle, when the gentleman from Cook proposed to ‘postpone the resolution, opposed the postponement. If wrong in this, the gentleman can now correct me. The course of gentlemen, ___who opposed the suggested postponement, together with the final action of the Convention upon the subject, I cannot, if I would, deny was a source of mortification to me, and especially so when I recollected that when the report of the committee on the ‘Executive Department was printed and laid on our tables, the consideration of the report was unanimously postponed on account 244 ILLINOIS HISTORICAL COLLECTIONS of the absence of the honorable chairman, who was away at he. same time and for the same purposes as my colleague. When I said, sir, that I regarded my colleague’s withdeseatl from the committee as an act due to himself and his constituents, — I did not mean to be understood as advising him not to re-consider ~ his application for a discharge. My desire was that he might be ~ placed in a proper light before the country, and it is a matter — within his own discretion, whether he shall, after what has been : said, deem it proper to yield to the general wish of the Convention ~ and consent to remain on the committee. 4 Mr. CONSTABLE said, I do not recollect that the ae from Ogle urged an unqualified discussion of the question on Wednesday last. I understood that he desired, if discussion was to be had, that the honorable chairman should be present. I think that the member from Jo Daviess (Mr. Pratr) does not — recollect the precise position taken by the member from Ogle. Mr. SCATES. I think that the honorable chairman’s course is right. It was proper for him to call the matter up in some fore ! and place himself right before his constituents. I am satisfied, from what has been said, that no disrespect towards him was in- tended, and I sincerely hope that he will now be satisfied and ~ consent to remain on the committee. Mr. SERVANT said, that as he had partaken in the debate at the time the committee had reported the resolution, he thought it — would not be wrong in him to say a few words upon the matter before the Convention. He thought the matter was not viewed in a proper light. He never imagined that the least disrespect was intended by the committee, nor shown by any member of the Convention, towards the honorable gentleman from Jo Daviess, whose services and labors in the cause of education were so highly valued and esteemed. He hoped that gentleman would withdraw his request and that he would continue to afford the committee the benefit of his great talents and information. He thought the cause given for the request was without foundation, and he trusted the gentleman would be satisfied with the manifest opinion in which ~ the house concurred that no disrespect was intended. Mr. DAVIS of Massac hoped the gentleman from Jo Daviess — would yield’ to what appeared the almost unanimous request of — SATURDAY, JUNE 26, 1847 245 ~ the Sis and withdraw his request to be excused, particularly _ when it was manifest that every member desired him to retain his pppoe. upon the committee, and known that his great abilities were required upon the committee. The committee of which the 4 gentleman was chairman was one of the most important character, _ and of the greatest interest to the State, and he repeated his hope _ that that gentleman would retain his position and withdraw his request. Mr. ALLEN joined in the request that the gentleman from Jo Daviess would withdraw his motion to be excused. Although he was much surprised at the time the resolution was reported, while the chairman of the committee was absent, and also surprised that it was not postponed till his return; he was satisfied, how- _ ever, that no disrespect was intended by the action of the members of ' the committee, or of the Convention. He believed that sufficient had been said by every member of the committee to satisfy _ that gentleman that no disrespect was intended, and to induce him _ toremain on the committee. It was the desire of the country that - he should do so; the gentleman’s talents, and the much thought which he had given to the subject of education, had led the people to expect much from him. His able report on this question, and ‘in relation to the appointment of a superintendent of public “instruction, had awakened much interest, and had directed public attention to him as one pre-eminently qualified to be at the _head of a committee on that subject. He hoped the gentleman from Jo Daviess would withdraw his request to. be excused. Mr. LOUDON said, that he entertained the highest respect _ for the gentleman from Jo Daviess, and he earnestly hoped that the request to be excused would be withdrawn. If the committee, _ however, had thoughtlessly reported in the absence of the chair- ‘man, he knew that none of the committee intended the least dis- _ Tespect, to mar his feelings or injure his honor. The gentleman from Jo Daviess had a standing high in the estimation of the Convention and of the country, and he hoped their unanimous desire would induce the gentleman to continue in his post, as chairman of the committee. Mr. LOGAN repeated what he deemed the universal desire of the Convention, that the gentleman from Jo Daviess would con- ine adc ee ee Sane ST ae Ue BAL Bia Ah 246 ILLINOIS HISTORICAL COLLECTIONS tinue on the committee, and withdraw his request. He felt sure, from what had been said, that the gentleman from Jo Daviess - must feel now that no disrespect was intended by the gentleman — < from Madison, or the other members of the committee, in what had taken place in relation to the report. Mr. HARDING said, he was a member of the committee Sale Education, and was confident that the course of the committee _ had not been dictated by any feelings of disrespect towards the ~ chairman. The committee had held two meetings; at the first, the chairman was present and presided. They met again last ¥ Tuesday, the chairman was not present, the members came with — several propositions, none of which were offered or acted on — because of the absence of the chairman. It was, however, agreed — that a resolution should be offered, as it was understood that no — question should be inquired into without first having the matter a come from the Convention. He had voted for that resolution, — : although he was opposed to the principles contained in it. In all — this, no one, so far as he knew, intended the least disrespect towards the chairman. aq Mr. ARCHER hoped that the gentleman from Jo Daviess j would, after the explanations that had been given, and the dis- : claimers of all disrespect, withdraw his application to be excused from serving on the committee. The cause of education — was one in which the people of the whole State felt the greatest — interest, and one on which they looked to this Convention to bestow great deliberation; and as the talent and abilities of thea i gentleman from Jo Daviess had been, heretofore, somewhat directed to this subject, the people of the State looked to him for much of the care and benefit to be secured by this favorite question. © 4 He hoped, sincerely, that the request would be withdrawn. — Mr. SHUMWAY said, he was a member of the committee, but was not present at the meeting when this resolution was} directed to be reported. Mr. KNOWLTON said, that it was, perhaps, proper in him, as he had taken part in this matter when the committee reported - the resolution, to say that his course and his remarks were not, in the slightest degree, intended to be disrespectful to the distin- guished chairman of the committee—the gentleman from Jo 4 : “4 SATURDAY, JUNE 26, 1847 247 Daviess. Nor did he think that any was intended or shown by the action or language used on that occasion by the gentleman from Madison. He hoped the request would be withdrawn. Mr. CAMPBELL of Jo Daviess said, that it was a matter of _ extreme regret to him that so much of the time of the Convention had been occupied by this subject. He did not expect this when the request was made. It was true that he was absent when the committee met, he had gone to Jacksonville. He had not gone there to attend to business of his own alone; not for his own amuse- ment, but to get certain documents, which could not be had here, in reference to the very subject before the committee. When he returned he heard of what had taken place, and from the reports of the proceedings published in the papers, and the effect which he knew they would have on his constituents, he felt that they were as much calculated to injure his character, as they were deeply poignant to his feelings. Without being advised to do so by any of his friends, and without consultation with them on the subject, he, of his own accord, determined to withdraw from the committee. Accordingly, he made the request, but now, from what had taken place, he concluded to withdraw that request. Mr. EDWARDS, of Madison, approved of the highly honorable course of the gentleman from Jo Daviess, and feeling what was due to his own character, he asked to be excused from serving on the committee. Mr. DEMENT said, that he hoped the same reasons that had induced the gentleman from Jo Daviess to withdraw his applica- tion to be excused from serving on the committee on Education, would also induce the gentleman from Madison to do the same. I know not, said he, who the other gentlemen are that compose that committee, but I do know that there are none in the State whom I would rather see on that committee than those two gentle- men. I know not what the gentleman from Madison may have thought required him to make this request, but I hope that he will continue to serve, so that the Convention and the State might have the united talents of the two gentlemen. Mr. CONSTABLE said, that while he approved of the honor- able course of the gentleman from Jo Daviess, he would hope the gentleman from Madison would not withdraw his application. id 248 ILLINOIS HISTORICAL COLLECTIONS _ He was the friend of both parties, still he thought that, after what had fallen in the remarks of gentlemen, that his friend from Madison ought not to continue on the committee. Mr. CHURCHILL agreed with the gentleman last up, and considered that the conduct of the committee had been unjustly alluded to, and he would not continue to serve; he, therefore, asked to be excused from that committee. Mr. DAVIS of Montgomery was of opinion that the gentle- man from Madison should not withdraw his application. Mr. SCATES, not being much versed in matters of etiquette, could not see, from what had transpired, any necessity for the request of the gentleman from Madison. He was sure that no one had intimated that that gentleman had acted in any way the least unworthy of his distinguished reputation. Mr. WHITNEY, after speaking in the highest terms of both gentlemen, and in approval of their conduct, said that, while he anxiously desired that the gentleman from Madison would with- draw his application, he would vote for excusing him if he persisted that his withdrawal was necessary. Mr. DAVIS of Massac sincerely hoped that the gentleman - ad from Madison would adopt the same course pursued by the gentleman from Jo Daviess and withdraw his application. Neither — the gentleman from Jo Daviess nor any of his friends desired to injure the feelings or the honor of the gentleman from Madison, and he hoped he would continue on the committee. (uy Mr. EDWARDS of Madison said I respect the course of the — honorable gentleman from Jo Daviess, and I wish not to be under- — stood as entertaining the least feeling of disapprobation of the course of the gentleman or any of his friends on this floor. But I hope they, and the Convention, will respect my feelings, for — I cannot act on that committee and rest under the imputation — that must, from this discussion, be placed upon my actions. Mr. LOGAN explained that when he had requested the gentle- man from Jo Daviess to withdraw his application, that he in no wise admitted that the conduct of the gentleman from Madison, ~ or the committee, had been wrong. He appealed to the gentleman from Madison to withdraw his application. He (Mr. L.) could — not be shoved off any committee by what anybody said. SATURDAY, JUNE 26, 1847 249 Mr. KNOWLTON was extremely gratified when the gentleman 3S from Jo Daviess had withdrawn his request to be excused, because he was satisfied that no disrespect to him had been intended. He : would not, however, desire the gentleman from Madison to with- draw his application. _ Mr. HAYES said, that he was one of those friends of the gentle- - man from Jo Daviess who had requested that gentleman to _ withdraw his request, and he did not wish to be understood as having in any way thrown any imputation upon the honorable “se gentleman from Madison. He offered the following resolution, and asked its unanimous adoption. Resolved, That it is the unanimous desire of this Convention that the Hon. Cyrus Edwards shall retain his position as a member of the committee on Education. Messrs. Pinckney, ARCHER and Brockman hoped the appli- cation made by the gentleman from Madison would be withdrawn. Mr. CONSTABLE repeated his opinion that the gentleman from Madison should not withdraw his request. Mr. DEMENT made some remarks in reply to Mr. C. Mr. CONSTABLE made a rejoinder, which drew forth a sur- rejoinder from Mr. D. On motion, the Convention adjourned till 4 P. m. AFTERNOON Mr. CAMPBELL of Jo Daviess appealed to the gentleman from Madison to remain on the committee. He and his friends were fully satisfied of the purity of the motives of the gentleman - from Madison in what had taken place. Mr. EDWARDS, of Madison said, he had no feeling of resent- ment towards anyone in that hall. He had acted only in obedience to a sense of duty towards the committee. The cause of his request was not here, for he felt that no one then would suspect his - motives or attribute to him anything dishonorable, but when the published proceedings of this day are sent forth with such com- ments as might be made, the imputation that he had endeavored to supplant the honorable gentleman as the head of that com- mittee, would be placed upon him. This is why he desired to be 20 ILLINOIS HISTORICAL COLLECTIONS excused from the committee. He would leave the matter with the Convention. © . The resolution offered by Mr. Hares being withdrawn at the request of Mr E., the request of that gentleman to be excused 5 was unanimously refused. ae Mr. CHURCHILL’S application was also refused. Mr. Z. CASEY, from the committee on Revenue, to which had — been referred the resolution directing them to inquire &c., of fixing — a maximum rate of taxation, reported the same back and asked to 1 be discharged from the further consideration of the same. path, ‘ to. Mr. SHARPE offered the following resolution; which was adopted: : Resolved, That the 11th section of the 2d article of the piece | constitution be referred to the committee on the Organization of — Departments and Officers connected with the Executive Depart- : ment. . Messrs. MarsHAtt of Mason, VERNOoR, SCATES, Soran, E Davis of Massac, Kinney of St. Clair, Cross of Winnebago ang Powers offered resolutions of i inquiry which were referred to appropriate committees. No copies of the same having beat : furnished, we are unable to give them. Mr. SERVANT offered the following resolution; which was — adopted: Resolved, That the committee on the Judiciary be ESSE : to inquire into the expediency of exempting persons having con- scientious scruples, from serving on juries, upon such terms as } shall be deemed reasonable and just. : Mr. CAMPBELL of Jo Daviess’ offered the following; which was adopted: i Resolved, That the Executive committee be requested to inquire ~ into the expediency of inserting in the constitution a clause pro- — viding for the election of sheriffs for term of years, and making them ineligible for more than one year consecutively. ] And then, on motion, the Convention adjourned. | biel, DaaT, Ute Le XVIII. MONDAY, JUNE 28, 1847 Prayer by Rev. Mr. Green, of ‘Tazewell. Mr. CANADY offered a resolution, that the committee on - Incorporations report a clause, to be incorporated into the consti- tution, granting banking privileges upon certain conditions. Mr. MARKLEY offered a substitute, that said committee _ should report a clause prohibiting banks. ~ Mr. McCALLEN moved to lay the subject on the table. a " Lost—yeas 62, nays 49. [sic] _ Mr. SINGLETON offered a resolution of inquiry in relation to officers for life. Carried. — BANKS Mr. SCATES moved that the Convention go into committee of the whole, and take up the subjects made the special order of ' the day for Friday last; which motion was carried, and the Con- _ vention resolved itself into committee of the whole, Mr. E>warps of Sangamon, in the Chair. The propositions submitted by Messrs. CourcHILL, McCaLLen and Grecc, were taken up by the committee. Mr. SCATES offered the following: Whereas, the power “to regulate commerce with foreign nations, and among the several States, and with the Indian tribes,” and “to coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures” has been granted exclusively to the United States, and the power “‘to coin money, emit bills of credit, make anything but gold and silver coin a _ tender in payment of debts” has been prohibited to the States; therefore, Resolved, That the States ought not to attempt to do indirectly what they have no power to do directly. Resolved, That the committee on Incorporations be instructed to inquire into the expediency of submitting, for the consideration of the people at the polls, whether they wish or desire to place a 251 252 ILLINOIS HISTORICAL COLLECTIONS — total prohibition upon the Legislature to attempt to create, extend — or authorize any banking powers or privileges in this State, or any exclusive powers or privileges not common to other citizens. — Mr. DAVIS of Montgomery said, that he did not rise to detain the Convention by any lengthy remarks, but he desired to express his views upon this question.—He was one of those who were opposed to banks of any kind or under any system; and he came from a region in this State where the people were all opposed to banks. He, himself, had always been opposed to banks, either local or State banks. He looked upon the present as one of the most important questions that was to be decided by this Conven- tion, indeed, it was more important than any other, for it would have a great weight upon the interests of the people, their pros- perity and trade. It would, also, affect, more than any other single question, the fate of the Constitution which this Convention would adopt. The Convention had a different task to perform than had the Convention which framed the constitution of the United States. The delegates to that Convention came from different States, and endeavored to retain all the power to the States which was possible, and they gave Congress the power to pass no laws the power to pass which was not expressly stated in the constitution. Our duty is different. Our Legislature may pass any law which is not forbidden by the constitution, or which does not come in conflict with the constitution of the United States. This great power, thus vested in the Legislature, pointed out the necessity of placing some restrictions in the constitution upon their committing any acts affecting the happiness, wealth and prosperity of the people. He remembered the time when there was but one bank in the State, and he remembered, also when there was but one newspaper—published at Edwardsville. He, also, well remembered how this paper would publish lists of the banks whose notes would be received at the land office, and that when men in Kentucky and other States would bring those bank notes here to invest in land, they would find that the list published the week before had been stricken out and new banks inserted. In 1819 the Edwardsville bank closed. The Legislature then tried their hand again, and created the bank at Vandalia, whose notes bore 2 per cent. interest. These went for some time, and after MONDAY, JUNE 28, 1847 - 253 _ and then three for one. The Legislature finally passed a law to cut the notes in half so that each end of a dollar bill should be aq taken for half a dollar, and the halves of a $3 bill for $1.50. This state of things continued a long while, and the notes became so _ depreciated that they sold for a trifle; speculators made fortunes by buying them up. The treasury finally redeemed them.—From 1824 to 1835 we had no banks, and I ask any man if, during that time, we were not prosperous and out of debt? Drovers from _ Pennsylvania and elsewhere came here and bought up the stock of our people, and paid them in cash for it, and all things went on well. We were prospering slowly but surely. There were no _ suits going on, except litigated cases; no suits before justices of the peace, except when parties disputed, or where men were unable to pay the debt. In 1834 or 35 the Legislature chartered a State bank, and revived the Shawneetown and Cairo banks, and these institutions scattered their branches all over the State; and then we commenced the internal improvement system, which would never had [sic] been the case had it not been for the inflated currency of these _banks—then came the rise in the prices of everything—pork went up suddenly to 53, cows to $10, and labor from $10 per month to $20—all the people made calculations upon the existing prices, and all embarked in speculation. Such always are the calculations made by people under such a sudden change of affairs, even experienced merchants commenced speculating. But, sir, the system of internal improvements was broken up. Then came the reaction. Everything went down faster than it had come up. Pork to 14, labor to $7.50, and the whole people became in debt. Not because they had not the property, but because they had no money, and their produce would not bring what they had calculated it would. The banks are all broken up, and we now feel the consequences of the evils they worked. We find ourselves in debt to the amount of thirteen or fourteen millions! They had, also a demoralizing effect upon the people. Many young men (indeed, all turned speculators,) threw off their jeans coats, became too proud to work upon their fathers’ farms, and might be seen dressed in the finest style, looking like physicians or the greatest 254 ILLINOIS HISTORICAL COLLECTION: aristocrats. All upon credit! We come here to reform our Sta government; we are about to adopt measures to relieve the Stat of her debt—farmers are realizing fair prices for their products, the State, so far as individuals are concerned, is out of debt—though — every thing heretofore has been tending to our ruin—and we are 4 , fast going out of difficulties into which that system had led us. If these things really are, if farmers are receiving the best prices, ee where the necessity of banks? I hope the gentlemen will point us to the necessity for banks. They ought to do so, for they ~ propose'a system filled with horrors, and they should show the — necessity for its adoption. It is too late in the day for aati i, The demand always regulates the value of an article. What is the staple of Illinois? Pork, beef and flour. Are 4 banks necessary for the sale and purchase of these? Are we not ‘ These products find a market elsewhere and not in ie Sse Banks cannot raise their price, people must come here from abroad to purchase those articles, and the price will always be ~ regulated by the demand. Gentlemen say they are opposed to — banks, yet will not vote for a prohibitory clause; and I must reply ~ to what was said by the gentleman from Christen the other day i when the vote was taken on this subject. He said, that he was — opposed to banks, that they were a curse and an evil, that they — were horrible. to his feelings, but that he would vote against a — prohibitory clause because it would endanger the adoption of the — constitution. Does that gentleman think that the people are in favor of banks? Does he think that the majority of his party are _ ih in favor of them? I represent two counties—Bond and Mont- — gomery—both counties, without distinction of party, are opposed — i ? to banks in any form. Gentlemen should remember that no- petition for banks has been presented to the Convention, and no petition against a prohibitory clause. The whole difficulty was, 3 that these fears had taken possession of the brains of these gentle- men—How do they act on other questions? It is asked, must — we cut down the number of the Legislature? They answer “Oh, ~ yes!’ Must we reduce their pay? “By all means, yes.” Must — we reduce the pay of the judges, of the Governor, and regulate — ti MONDAY, JUNE 28, 1847, 255 the duties of all other officers? They unhesitatingly answer, “Oh, yes.” But on this question of the banks, they cry out, “you ould not bind up the hands of the people on that subject, but ‘leave it for future time.” They say, further, that though the people now may be opposed to banks, and we would vote against them, but perhaps the people may change their minds hereafter _ and want banks, and we should not close the matter by a prohibi- tory clause. Why, sir, the very same reason would allow all Parts _ of the constitution to be left open to suit every change of opinion. _ The people of his county said that the Legislature already had 4 too much power, and, among other reforms, desired it to be ‘4 restricted. He understood that on the table was a proposition to -adopt the New York banking law, which had been introduced because it was said that there was a majority against the prohibi- _ tory clause. Sir, if Illinois was composed of materials that would _ burn, I would rather see her destroyed by fire than such a system of plundering and robbing introduced in this our own prairie State. Ifa general banking system be spread over this State, we _ may look for ruin, blast, blight and mildew to come upon us. If __ we are to have banks, let us have no general laws throwing open the State and extending an invitation to shavers and brokers to _ come amongst us; if we do, we will have the scenes of Wisconsin over again, and we will have red dog, worse than red dog, banks amongst us.—He was not desirous to misrepresent or criminate gentlemen who, no doubt, represented the views of their constitu- ents as well as he, but we must judge of the future by the past. _ We are ripe for speculation, and he asked gentlemen not to throw out to the people these inducements to forsake their business and employments, to enter into this scheme of speculation, which _ would bring upon them nothing but blast and blight. i _Mr. GREGG said, that when he had introduced the proposition _ submitted by him and now on the table, he did so with reference to the peculiar state of circumstances existing at the time. From _ the vote taken a few days before, he thought it was the intention _ of the Convention that some system of banks should be adopted. _ I thought that if this was to be the result that we should close the _ door to a general and unrestricted system. I thought we had _ better leave the abstract question alone and judge things and act 256 ILLINOIS HISTORICAL COLLECTIONS — on them as we find them; hak we should take into consideration! _how our resources, condition and facilities stood and leave theories — out of the question. The people of my county are divided on this — question, but I believe that a majority of them are opposed to banks and banking, because they believe they are prejudicial and injurious to the whole country and people. He, after weighing all these matters, had come to the conclusion that if we were to have banks we should so restrict them by our constitutional — provision that they would be as little of prejudice and injury as possible; and that the floodgates should not be left open and all the evils flowing from an unrestricted system of banking to come upon us with all its evils and calamitous consequences. If there be any inconsistency in what had been done he saw it not in his position nor in the proposition he had introduced, but in those — 2 who, failing in a prohibition, will leave this matter to the Legis- — lature. Was not his course more in accordance with their duty — as men not legislating for the present time, but for the whole State, and for all future time? He thought we should study the banks — in their consequences, and in such a manner as will allow us to deliberate understandingly, and with the best views to the advance- ment of the prosperity of the people. We are now without banks; we have had an experience—and he might say an experience of ruin, misfortune and disaster—of them, and shall we bring thatruin and misfortune upon the people again? Do we need them? We are an agricultural State and not a commercial one. It was the intention of the framers of the constitution of the United States that there should be no currency but gold and silver. There — had been issued during the revolution over 300 millions of paper money and it had been the currency during that time and much depreciated. Its evils were so apparent that they introduced into the constitution a regulation that the government should — emit no bills of exchange. But means were soon found to evade this, and the country has been since flooded with this kind of a currency. How is it, he would ask, that our prosperity is peri- odical, and ‘‘good times” occasional? It was owing to the creation of these monopolies, who [sic] raised and depressed the trade and commerce, and the means of the people, by their schemes of specu- lation. We ought to be always prosperous, we have the means 7 Noa? Aad The: eR ee Pe ea ee Le WR At Aerie) Sweat Om Aken ORE e soe PO ee ad ee Pee \ ‘ * 2 nae pe 5 “as MONDAY, JUNE 28, 1847 257 _ and resources within us, to have that prosperity continued, and it _must be owing to these monopolies created by our Legislature, - which conferred upon them privileges and rights which were not enjoyed by the people in common. He would prefer that all i privileges and rights should be distributed that, like the dews of heaven, all might share alike. The benefits are not equally dis- _ tributed to all classes alike, but special privileges are granted to Ri special persons to eat out the substance of the people. To these _ chartered monopolies we may trace all our misfortunes. Mr. G. _ then refer[rled to the banking operations in England, where he _ said there had been from 1793 to 1826, 381 failures in a brief *. period of 34 years, after which he proceeded to review the history ‘of the banks, their failures, suspensions, and the losses caused by j them to the people and Government of the United States. He said _ that from the time of the war to 1819—the paper currency was in a most wretched condition, that in 1819, there came a general _ suspension; in 1825 the panic was universal. In 1837, the paper 4 currency system had become inflated to its utmost capacity and ’ the bubble burst, and ruin was universal; every man’s fortune was _ affected by it. Let us carry out an unrestricted system of banking, and panic and ruin will come upon us in all its unmitigated _ horrors and evil consequences. In 1839 banks again suspended, and similar consequences _ ensued—and thus from 1817 to ’39 there had been no less than _ eight general suspensions of this inflated paper currency. Have the people suffered nothing from a paper currency? Mr. G. read _ from the report of the Secretary of the Treasury of the United _ States, made in 1841, by which it appeared, that the loss sustained __ by the federal government up to February, 1841, by the employ- _ ment of banks and paper money was $15,492,000! That since 1789 there had been three hundred and ninety-six bank failures in the United States, with the following capital: Capital of twenty banks failed before 1811, $3,000,000; between 1811 and 4 *30, one hundred and ninety-five banks with a capital of $36,787,- 309; since 1830 upwards of 181 (including the Bank of the United _ States) with an estimated capital of $95,000,000. Making an _ aggregate amount of capital of these banks of $134,787,309. He _also read the following as losses sustained by the people since 1789: ene SS. et ee ie ee ee , : 258 ILLINOIS HISTORICAL COLLECTIONS By bank failures on capital, circulation, deposites, and bank 4 depreciation of notes, $95,000,000; by destruction, war and acci- dents, $7,127,332; by counterfeit notes beyond losses by coin, — balances, $108,855,721; by suspension of specie payments and $4,444,444; by fluctuation in bank currency, &c., $150,000,000; making an aggregate of $365,451,497; to which add the capital of the United States Bank of Pennsylvania, $35,000,000, and the ~ total loss will be $400,451,497. Are not these, he asked, matters — of a startling character, and which are undoubtedly a history of the evils of an unmitigated nature, bringing destruction and ruin upon the people. And any system which contains within it the principles of such ruin, and which may produce all these alarming consequences, should be well inquired into, and he thought they should hesitate long in adopting it. There were at present up- wards of nine hundred banks in the country. Their universal rule was to over-issue notes in a proportion of three dollars to one on-their capital; and in this way they fabricate their own wealth, and who does not see that they thus have conferred upon them an inconceivable advantage, and that they can go into market with this increased capital and drive away all competition, and of necessity must monopolize all the business and trade of the country. Another thing in the system of banks, was that the capital is not usually paid in, a small proportion only is paid and the balance secured by the notes of the stockholders. For instance—the first — United States Bank had a capital of $10,000,000, of which was paid in, one-half a million; the second Bank of the United States had a capital of $35,000,000, and only two million was paid in. Yet upon this small amount of capital actually paid into the bank, the discounts and dealings in exchange during one year and a little over, amounted to $43,000,000. And this, sir, is but a specimen of the transactions that are carried on under this system— styled banks and banking. In 1840 the total amount of bank capital in the United States was $360,000,000, and the total amount of specie collected in their vaults was $33,000,000. Their loans and discounts on notes amounted to $460,000,000. It was — also their practice to make large loans to presidents and directors, without security, and in 1840, there was due by directors of the banks to the several banks the sum of $150,000,000, and one-third MONDAY, JUNE 28, 1847 259 of this was due on loans. By a report of a committee appointed to examine the affairs of the United States Bank it appeared that there was due that bank by one Thomas Kidwell, a broker in _ Philadelphia, over $11,000,000, which had been loaned out to him for the purpose of shaving. At the same time that that bank was - loaning out this great sum to that man, loans were refused to good men of that city and upon responsible paper; and they were obliged to go to this broker and pay him large discounts, thus forcing men to pay them indirectly by this shaving, what they could not charge directly, and this too, upon well secured paper. He thought it would be conceded by all that any system of banking was highly dangerous. Is there, he asked, in the whole system of government a greater power conferred than that of creating a currency? And if this power is to be exerted it should be in the hands of the govern- ment and not placed in the control of irresponsible corporations, institutions or associations. It is a power not to be conferred upon any body of incorporated individuals, no matter now respect- able they might be, or the standing they occupied in the world. It is destructive upon business, it creates uncertainty in trade, and makes the business of the country a mere lottery. It is also destructive of the morals of the community. In 1824 the banking issues in the U.S. was[s7c] $40,000,000; in 1837 they had increased to $140,000,000, and at this time was the great suspension. In 1843 they had decreased to $53,000,000, and in 1846, they had gone up to $105,000,000, nearly doubling in the last three years. I shall use these facts, when more properly in order, to show the great uncertainty which these enlarged bank issues create. It had been admitted by the head of the U. S. Bank, a man who certainly had great experience in banking, and with all its business, that the tendency _of all banks was to create an over issue of paper. And thus it gave them a great advantage over the rest of the community, while the over issue was thrown out into the market. When this occurs, it produces over-trading, and every man embarks in business and speculation—prices increase—the laborer receives higher prices, and so with all other business. The currency is inflated, and business becomes inflated just as unnaturally as is everything'else. Wherever this happens to be the case, then the,importations,in- crease and immense quantities of goods are brought into the 260 ILLINOIS HISTORICAL COLLECTIONS country. After a while these goods are to be paid for, and the — currency of this country—these bank notes, which they can have so plentifully, will not answer to pay for them, and the specie which is hoarded up in the banks must be drawn out, and goes abroad — to pay for these very goods. Then commences the ruin. The banks deprived of their little specie, are cramped in their business and forced immediately to curtail. Then follows the distress and — ruin, and panic. This, sir, is the consequence of over trading, which is always followed by a reverse, and then is destroyed the fancied prosperity of men’s speculations. Can it be attributed to anything else than the over issues by these chartered monopolies? _ In 1837 the indebtedness to the banks of the Union was 525 millions, the specie in their vaults, and on which their issues were based, was 38,000,000. On this small sum of 38,000,000 was the great paper money bubble based, and which when exploded cast ruin, misfortune and destruction upon all classes of the community. When these banks are obliged to make these forced collections — they generally so manage it as to become the purchasers of all the - ' § property, particularly of the real estate of their creditors, which — gives them a power and influence which is highly dangerous to the people, and the State. What necessity have we for them? Why should we desire to obtain a currency or encourage institutions which have within — their system the elements of so much ruin and destruction? It is said that there is not specie enough in the country, to buy our goods and enable us to carry on our trade. This is not the conclusion I have come to after an examination of the subject. Mr. G. here read an extract from some work, which treated of the - subject, which stated that according to Mr. Gattatin’s calcula- tion, made in 1831, there was in the world $400,000,000 in specie, — that of this sum there was over $277,000,000 in Europe and U. States, and that if divided there would be $16 [for] every man, A woman and child in the country. He here read an extract from ‘Gouge on Banking’ to sustain — this position. He said that he thought this sufficient to prove that banks were not needed for the purpose of creating a currency, and that there was enough of specie to transact all business. The experience of other countries was not to be disregarded, MONDAY, JUNE 28, 1847 261 and he would refer the gentleman to France, at the time of the ‘revolution. They had a paper currency, which had sprung up during that time, more trifling and depreciated than was our own during the revolution. _ Assignats were issued all over the country in large and danger- _ ous quantities, and had become worthless and depreciated. Napoleon, when he became first consul, with intuitive sagacity and profound knowledge of such things, the moment he had the power, broke up the whole system of paper money and introduced a new order of things. He established a metallic currency. He said no paper for a less amount than five hundred francs should be issued; and gold and silver flowed in in abundance, and to this day they have a metallic currency. Such would be the case here were we not cursed with these banking institutions. Look at Cuba, she is not cursed with paper or bank issues, and has nothing but gold and silver. I may be met with the remark that these countries are not republican, that their forms of government and institutions are different from ours. a ae Mn = >A ie iD: a Is this a proper answer? If the people of France live not under a ___ system of government like ours, must we not follow them in any- _ thing? We must not look to them for examples of wisdom, _ moderation, science, or justice, because they live under a monarchy Nor must we look to Europe for such examples, nor refer to Cuba. vy No matter if the autocrat of northern Europe, or the sultan from _ his harem, gives us an example of wisdom, must we throw it away, reject it, put it behind our backs, because it comes not from the _ same kind of government! Sir, good examples and just principles _ belong to no nation or creed, or State, or form of government. I take leave, before I conclude, to refer briefly to the plan I have proposed, and which is now before the committee. It is divested ' so far as possible of the features of monopolies, and I have pre- __ sented it in this shape so that, if these banks or some system is to __ exist, and its blighting effects are to be cast upon the people, its rough and rugged features shall be thrown away. It is not the New York system of banking, as has been said—it goes beyond _ that system. Another safe-guard, I think, is, that it leaves the 3 matter with the people; the action of the Legislature is not final, and after they shall have acted upon it it must go to the 262 ILLINOIS HISTORICAL COLLECTIONS — people, and there fiat must be passed upon it. Here we have a double safe-guard—the wisdom of the Legislature, and the action of the people, who may trample on foot any act of the Legis- lature. Again, if; after it shall be thus approved of by the people and the Legislature, it shall appear to be more productive of evil than was anticipated, it is placed in the power of any Legislature to repeal or abolish it. iz If any system is to go from this Convention to throw its blight- ing influence on the people, their business and their resources, let it go without throwing open these safeguards upon its actions. I think it would be better for the Convention to adopt a system of banking and a prohibitory clause—an alternate proposition, — and submit them to the people; let them be discussed in the © primary assemblages of the people, and I have no fear of the result; no fear of the adoption of the prohibitory clause by alarge majority. But if we are to have any system, let me have choice of one which is the least calculated to work injury. Mr. LOUDON said, that he had listened with pleasure to [the] — very good speech of the gentleman, and he, Mr. L., were he an anti-bank man, would now try and make an antelanle speech, but _ as he was a bank man he would make a bank speech. Mr. L. spoke for some time, inreply to Mr. Grece, and in support ofa good ~ banking system. His remarks are unavoidably crowded out. “a Mr. SCATES said, he did not expect to throw much light on © the subject, but the question, it was not to be denied, was one of all absorbing interest, and one on which the two political parties were divided. Much as gentlemen might regret the introduction of party questions in a Convention assembled to frame a constitution, they must not expect to see parties forget their party principles. This was a question on which there could be no compromise. — Those opposed to banks would not consent to any form of a bank that would be acceptable to the friends of a bank, and these bank men would not vote for a prohibition. If I attempt to give my views on the subject, gentlemen must _ not think me desirous to be too wise, when I say that in my opinion the people of Illinois have spoken solemnly, firmly and positively, that there shall be no banks in the State, and no compromise will be acceptable to them. I remember to have often read and heard MONDAY, JUNE 28, 1847 263 of such a thing as a judicious tariff, and that it was soon found _ out that a judicious tariff means nothing definite, for every man "undertook to define and judge what sort of a tariff was a judicious -one. It is something the same way with a “well regulated bank,” _here is the same difficulty—no two will agree what is a well regu- . lated bank. Sir, there never was such a thing as a well regulated _ bank submitted to the people; nor can any man propose one. i The gentleman from Cook, who says he is opposed to all banks, __ has submitted a plan of what he considers a well regulated bank. _ But are there no objections to it? I know one, sir, and an impor- _ tant one, which for fear I may forget it, I will repeat it at once. _ His plan will not prevent a suspension of specie payments; I ask him if it is not so? Mr. GREGG said, that there was an express provision that the Legislature should pass no law permitting a suspension of specie payments. i Mr. SCATES. I understand it correctly. But does the law _ prevent the bank from suspending? and that currency becoming depreciated in the hands of the bill holders. There is no way to prevent the bank from suspending; no remedy for the loss to the bill holder. Will any gentleman propose that the loss to the bill holder shall be put into his pocket from the treasury of the State, The winding up of a bank may be a punishment, but will it remedy the evil? The fact of suspension, is a fact that no written prohibi- tion can avoid, and no parchment prohibition can pay the loss on paper depreciated, perhaps, 50 cents in the dollar. Nor can we say that the bank, if it fails and its paper becomes depreciated, shall pay the bill holder, unless we give the bank the means to do so with. The gentleman’s position is an enigma to me, and [ll not undertake to unriddle it. He has portrayed in the most vivid colors that the banks are evils, and has said that the people will sustain a prohibitory clause, yet he has come to the conclusion that we must have banks. This is truly an enigma to me. One objection to a prohibitory clause is, that it forever binds the _ people who may hereafter desire a bank. If we were to recognize the principle that we must act, in framing this constitution, with due regard to the changes of the popular mind, we had better go home at once, for that would defeat the ends of all constitution.— 264 ILLINOIS HISTORICAL COLLECTIONS i ie The bill of rights says, that no man shall be dis[sleized of fis encokinl Es, no man shall be punished without a trial by his peers; no ex post facto law shall be passed; the people’s mind may change on eith or all of these principles, and why should we place them in our supreme law of the State? Who will advocate this? But gentl men desire this loose action on the bank question, which will be ~ as great a tyranny as any other. If I have any idea of the opinion — of the people of Illinois upon this subject, if I have not definite _ information of their views, then say I have no information at all. ; They are opposed to banks. Sir, for the last several years the — whole democratic press of the State—with perhaps one exception— spoke out openly their opposition to banks, and the politicians g throughout the State have opposed the banks, and I have thought 4 that the people have sustained them in their position. But iq come here, and what do I find? The democratic party divided — upon this subject, here with instructions to vote against a prohibi- tory clause, and the party arein a glorious minority.— We have been — told that the democratic party have the majority in this State, in” the Legislature and in the Convention, that they are responsible for — everything that has been done and which this Convention shall do, © because they have the strength and the numbers torule. I admit that the democratic party had the majority and the power, but not at present and I cannot illustrate its position better than relating an anecdote. It is said that there was one John Thompson who had been up to the market and had started on his way home. Unfortunately, however, John fell asleep, and the oxen pulled the a" cart into a mud hole; while it was there two yoke of the oxen broke ; from their cart, ateayed away and are now looking with anxious | 7 eyes into the rich pasture of banks and banking privileges to which they and their friends are about to be admitted. Johalg Thompson was unable to get his cart out because of the loss of his — team, and gentlemen must not throw the responsibility on the democratic party. Our team has been stolen, and they must not q expect us to pull the government cart out of the mud until we get back our team; and others after starting on this metallic _ road, their feet have become cut and a little tender and they too ' have gone off and refuse to pull. a The position of certain gentlemen reminded him also of another , MONDAY, JUNE 28, 1847 265 i! anecdote: Two gentlemen went out hunting, after some time one of them fired at a deer, his friend hearing the rifle shot, came up and asked him what he had shot at, he replied, “‘At a deer, there _ itis.” “Why,” said the friend, “that is a calf; have you shot your ' neighbor’s calf?” “No,” answered he. “I shot so that if it was a deer I would kill it, and if a calf I would miss it.”? So it was with those who were against a bank—if it was a bank, but for a calf &c. Let gentlemen aim so as to shoot but not to kill their _ neighbor’s calf. And these gentlemen who were so anxious to preserve their neighbor’s calf, to them he could wish no greater punishment than did Aaron and the other idolaters receive when _ they built their golden calf, from the hands of the Almighty. _ Mr. S. then said, the question was not whether the banks wi// suspend, it should be, can they? Yes, sir, they can, and may suspend, no constitutional provision can avoid it; the power is in banks to cause losses of millions to the community, and there is no way to prevent it but one—that is, not to allow them to be in- corporated. Another way in which these banks caused losses to the community was, that all bank paper, at any distance from the banks, was at a discount of 5 per cent., and the loss to the people upon the amount of the total issues of the bank was immense. A _ note is at 5 per cent. discount, it is passed at that depreciated _ value, one hundred times a year. Say the discount is at two per cent., the loss is, therefore, 200 per cent. on the face of the _ note, and all this loss is paid for the use of a paper currency. _ Mz.S. illustrated this view by several examples, and then examined _ many facts in relation to the management, frauds and evils result- _ ing from banks in general, and the bank of the United States in _ particular. In one single year, he said, the defalcation by presi- ’ dents and directors of these banks amounted to forty-two millions _ of dollars and over; and if gentlemen were prepared to go for ___ the adoption of such a system, which could produce such results, he doubted their statesmanship. Half that loss would pay the whole expenses of the Mexican war, or support a war against a "more powerful enemy; yet it was all borne without complaint. The loss to the government up to the year 1842, was $131,000,000, a sum equal to the expenses of the last war with Great Britain. _ Mr. SCATES, after alluding at great length to the fact of the 266 ILLINOIS HISTORICAL COLLECTI: ONS losses by banks and banking speculations in the United States, — which he read and exhibited by statistical references, differing but — little from those mentioned by Mr. Grecc, and applyingthealarm- ing consequences of them to the state of the people and the finances — of Illinois, he most earnestly and forcibly deprecated the adoption ~ of any system of the kind in the State, or the granting to the Legis- — lature any power to create the same. ‘ He said, that he hoped, in case the Convention, watched by ~ bank harpies and beset by sharks, shall spawn forth upon the ~ public a shoal of banks, that it would be rejected by the people — and the system be an abortion. If they were to have banks — with chartered privileges, why not allow every man to be a bank, — and grant him permission to issue $3 to every one of his capital? This would be nothing more than equal rights. But then, again, — poor men have not the means to enter into this plan, which confers — upon those who can engage in it, the power to make their less fortunate neighbors hewers of wood and drawers of water. Mr. S. then entered into an able argument to establish that by © the constitution of the United States the States had no power to — create banks, which, he said, indirectly governed, created, and © ruled the currency—regulated, by their issues and over issues, the — value of money—governed and controlled the commerce among ~ the States of the Union, raising the value of our property by the extent of their issues, and depreciating it again by the contraction © and lessening of them. He thought it dangerous to create these institutions, possessed of these great and powerful means of power — over the interests of the people. He thought that they had just as much right to issue imitation half dollars and eagles 1 in base metal as to issue paper imitations | of the current coin of the country. At 12, M., without concluding, he gave way to a motion to adjourn till to-morrow, at 9, A. M. ea Set ~ a ee Sain see taars oS 7 Fa ae ES —ee e >? ee — ms Pete “Ss ~ XIX. TUESDAY, JUNE 29, 1847 Prayer by Rev. Mr. Dresser. Mr. HAYES, from the committee on Law Reform, reported back sundry resolutions, and asked to be discharged from the _ further consideration of the same. Agreed to. ‘Mr. Z. CASEY moved to take up certain reports made by the committee on the Revenue and the committee on the Legislative Department, and refer the same to the committee of the whole. Carried. Mr. ARCHER moved to refer the report of the committee on _ the Organization of Departments to the committee of the whole. Carried. Mr. Z. CASEY then moved that the Convention resolve itself into committee of the whole to take up the subject of banks. Carried. BANKS The Convention then resolved itself into a committee of the whole, Mr. Epwarps of Sangamon in the Chair. Mr. SCATES resumed his speech, commenced yesterday, by a recapitulation of the arguments presented by him. He said that _ the power of the States to create banks, with powers to emit bills of exchange, &c. was one that was sanctioned by general practice. Yet there were many questions arising out of constitutional pro- visions that had been settled by practice, but upon which the public mind was not settled. The power of the general govern- ment to charter a United States bank, though two had been created, and the supreme court had decided in favor of the power, _ was still a question upon which the public mind was not settled; _ and the same was the case in regard to the issues of State banks. _ He then examined the constitution of the United States, and - _ argued against the power of the States to issue such notes, or the _ power to incorporate any institution to do the same. He said that we had the power to limit the circulation of 267 268 ILLINOIS HISTORICAL COLLECTIONS bank notes from other States in this State. It was an eri to eit our own issues in circulation, it was certainly no less an evil to — have the notes of banks, over which we had no control, circulating — amongst us. We might not be able to compel a bank in another © State to stop her issues; but should we, to stop their circulation, — issue our own notes? This was like giving a man, suffering from ~ the effects of poison, a larger dose of the same kind. He read — some tables which showed that the people paid yearly for the use of bank paper, in the shape of interest, $28,000,000 more than the annual expenses of the government. There was also a deprecia- tion on the amount of their issue of 5 per cent., which, togeth with other losses by counterfeiting and wearing of notes, made an aggregate annual tax to the people of over $50,000,000; more — than double the amount required for the support of this vast — government. The loss to the people, since the formation of the — government, by taxes for the use of bank paper, amounted to ~ $1,197,000,000. Bi His recollection of the politics of Illinois for many years had © been, that the democratic party were opposed to all banks. Every ~ democratic meeting that had been held sent forth a condemnation © of them. There had been a meeting held in this hall some three ~ years ago, and then this question came up. No man was for banks. It was made a sine gua non in each candidate, to be © opposed to all banks. The democratic party now required from their representatives a condemnation of them. The people were not, however, truly represented here; if they were, there would go forth a universal condemnation oe them, as he was sure the — voice of the people was for a prohibition. He was in favor of no experiments to elicit the voice of the people, by proposing any 4 alternate proposition. The sentiments of the people were ¢ known, 4 and the Convention should carry them out. a Mr. HARVEY said, that he, perhaps, should define his posi- i tion. He looked upon this question as one of deep and lasting ~ importance, and one which bears more upon the daily transactions ~ of the people than any other which the Convention would be © called to act upon. He thought that when the Convention would — meet, the members would come there with their minds made up — to act without political feeling, and with a desire to accomplish ; 4 TUESDAY, JUNE 29, 1847 269 Begehentional work for the people. But he had been sadly mis- taken. The gentleman said it must be a political question; that tution the ultra spirit of party. The gentleman said that one John Thompson was like the democratic party, and that John had once got drunk and had been run into a mud hole; that while there a part of his team had got away and had gone ane in search of green pastures. He would like to know why John Thompson got drunk, or if, when asleep, he dreamed of this metallic currency? . And was it not wiser for the cattle, when John was in this - condition, to get out of the mud hole, and go off to the green pasture? He would tell the gentleman, that if he wanted these _ cattle back to pull this democratic cart out of the mud he must not get drunk. He claimed to be a member of the democratic party, but he came there a free one, to act for himself and not to ‘ bow his neck as a slave to any leader. He was not one of John 4 Thompson’s cattle. He was a representative of the people of _ Knox county in this Convention to form a constitution. And, sir, what have we met here for? Not to take care of the interests _ of one little political party, but of one million of people. Asa _ member of the committee on Incorporations he was anxious to _hear this question discussed, and for one he was opposed to a ‘prohibitory clause. And the party who advocated this, were they united? No, sir. _ Mr. H. said, that one portion of this prohibitory party said _ that banks were an evil, and that all things of an evil character _ should be prohibited. By inserting in the constitution a prohibi- _ tion, and then adding a clause that that prohibition should be _ forever unalterable, how, he would ask, would any man vote for ‘i ‘such a provision—John Thompson could not do it—if he did he would render himself immortal. Another of the party said, that Ry he was for an exclusively metallic currency. Does he intend to _ exclude from circulation Auditor’s warrants and Treasury notes, which looked to him very much like paper money? He would ‘not say what he wanted—but he desired to know what kind of a ‘prohibition that party wanted? He did not believe the demo- Re “cratic party was in the hands of fifty or forty men in that Conven- 4 tion, but were scattered all over the Union, and in no State had a Jarties must be divided, and that we must congeal into the consti-, det ee ies 270 ILLINOIS HISTORICAL COLLECTI say S prohibitory clause been inserted in the constitution against banks. He believed that the people of any State, by a majority of the yotes, might have what kind of government they pleased, and that they alone had the right to say whether they would have banks or not. He was forleaving the question of banks open to the people’s opinion, and he was met by a question, why not leave the whole question open. He replied by saying, that all things - " wrong in themselves should be prohibited, but a mere political : question should be left open to the people. Public opinion was stronger than any constitution: a prohibition was no more than — a rope of sand against it, and who could say that in five years the © people’s opinion would not be changed. Our duty was not to inquire what kind of a bank we should have, but whether we ~ should have a bank at all or not. We have no banks to decapitate, — but gentlemen seem disposed to decapitate a possibility of a bank. He would prefer the Legislature should not have the power to — create, but was willing that when they thought a bank necessary - that they should pass a law and submit it to the people, and if a majority of them approved of it, it might go into force. Individ-_ ually he was opposed to all systems of banking. They all seemed in favor of abridging the powers of the Legislature, and he was in j favor of it; but was any man in favor of abridging the powers of _ the people? Mr. ARCHER desired to define his position on this question, and he hoped that when he had concluded, the Convention would , be more happy 1 in arriving at what his position was, than he had_ been in arriving at the position of the gentleman from Knox. He | was not one of those who felt disposed to follow in everything that — was laid down by those who set themselves up as umpires of what — was true democracy; he was a member of the democratic party of — the whole Union, and claimed to think and act for himself in all things; and bowed to no leader on this floor or any where else. He — knew no one who aspired to that leadership, nor could he think — or believe that any man, either whig or democrat, had come into ~ that deliberative body with a desire to prescribe the course which © they should follow. If any one did aspire, however, to lead the — party, he would follow him only so far as his principles and opinions ~ agreed with his, and no further. He was, individually, opposed — al in et a altoid cals ik a a ah ad Gal ia A as TREES TUESDAY, JUNE 29, 1847 271 tained these opinions, he fae no desire to hold Pas opinions as a beacon light to others, nor to give a guide to his seniors in re actions here. His experience had been that the system of king was but the granting of privileges to a few tocommit piracy ink masses. In using this language he intended to cast no imputation upon others, but he hoped they would consider him as “sincere in what he said. _ He thought States were like individuals in many cases. Let look back for a period of ten years in the history of this then f g and thriving State, at that time a Legislature, driven to _ madness by the evidences of prosperity to be seen all around them, oa reated an extensive and wild scheme of internal improvements, al nd the result was that the scheme failed and the hope of the _-young State was blasted and blighted. It was only after the destruction had come upon them that the people became a larmed—then that the State credit sunk abroad—and the unholy doctrine of repudiation received countenance in the State, and I ae to say that even, in this State, though for a short time only, ‘did this doctrine receive encouragement. We have in part thr Echo the effects of that time, and have somewhat remedied ‘the evil, and from this Convention, is expected something to remedy still further the evil consequences of that day. While I give my hearty approval of some of the remarks of the gentleman om Cook, I regret he did not plant himself entirely on the ground prohibition. He had displayed by statistics the innumerable evils of these banks. I am in favor of a prohibitory clause, but I would prefer that it should be submitted to the people sep- erately [sc] from the constitution in order that the latter may not be affected by the vote upon the proposition. Let those in r of banks bring forward their plan, and those who desire the rohibition, let them go forth to the people and fight side by side, by the result of that fight will I be satisfied. He was opposed ) all banks and in favor of the utmost restrictions. How much e and money have been wasted in Illinois by legislating for pension laws; and we cannot too strongly guard against failure, I think failure is a consequence of incorporation. When these ures come, who is it that hold the notes—the poor and laboring > No, but you may find them in their hands when depreciate : bought up at half price from the poor and laboring classes. Where do you find the losses? In the cabins of the poor, and the profi in the gilded palaces of the rich. Banks never pay money, never issue money—it is always “the president &c. promise to pay” ” &e.. And when they make loans it is of their own indebtedness. Thi when a man borrows $500, they receive from him interest on wh they owe; and if any person else than a corporation owes $500, - pays interest on what he owes. The whole order of things As reversed in favor of these chartered nee and for this reason, I am opposed to them. Mr. A. here read a plan which he would like to see adapted He said, that from a sense of right and of principle, sanctioned b experience, he could not yield to any opinion that a well regulated bank can exist in any community. He believed that if a general banking system were adopted, that evils in the most incompr hensible numbers would follow, and throw ruin and misfortu again on the State. . The motion to strike out all the resolutions was put and carrie and then the motion recurred upon inserting the Propee as Mr. Scares. Mr. PALMER of Macoupin said that it was a matter of regret that there was not before the committee some definite propositio which would be more comprehensive; also, it was to be regretted that feeling had been shown in relation to a leadership. The may be men who might aspire to leadership in this Conventio: but if there were he had not seen any of them. He had come there to follow no leader, but an independent representative of an independent constituency; and was willing to take all the roots - bility of his own acts. I agree that the questions growing out of this subject are | greatest that will come before the Convention. The evils of ban’ have been shown by the gentlemen from Montgomery, Cool Jefferson and Pike. The system of banks heretofore existing i jad’ cian 5 did Ueki te Eek cal. at TUESDAY, JUNE 29, 1847 273 ere at war with the just and equal rights of the whole people. e theory of all true government is, that the whole people should oy equal rights—political rights. The system of banks here- d rich corporatees. How is this, and how is it withothers? When 1e bank fails, the members of the corporation are not affected; but en private individuals meet with misfortune, their doors are ited by the officers of the law. While ruin and destruction are cattered all over the country by the operations of the bank, its officers are revelling in the wealth gained by the banks. I object banks because they enjoy rights, privileges and immunities not scured or allowed to others engaged in business. When an opportunity for speculation occurs, these banks are given the a _ means of risking what is not their own, and if the speculation fails _ they lose nothing. The masses are opposed to these corporations, and are gradually wresting power from these chartered monopolies, and step by step will reduce them to a level with other business - men. He objected to the New York system, because that con- _ ferred the same unequal privileges upon a few which were denied hag the many. In the language of the resolutions offered by the gentleman from Jefferson, the power to coin and make money has i a secured to the United States, and why? Because the power _ to create a currency affects the people, enters into all their business _ transactions—a power greater than even the right of government. _ Give me the purse strings of a nation, and I don’t care who has _ the power of government; I then would be the master not only of - the people, but of their government. In view, therefore, of the ie importance of this power—the sole power to regulate the currency was reserved to the general government. In time, however, this utary provision was got around, and the power of regulating _ the currency was conferred upon individuals in the shape of charters, not responsible to the people. Was it the intention of the framers of the constitution of the United States to give to _ irresponsible men or soulless corporations the power to cause woe _ and sorrow, or smiles and joy to the whole people? At one period ii hare 274 ILLINOIS HISTORICAL COLLECTIONS ; oe of our history the banks had a circulation of sicereoeent wid transactions of the country were based upon that amount of fa capital; in one year this amount of money in the country, by the — aid of the engraver, printer and bank officer, can be increased three-fold, and the business of the country is deranged.—Is no the intention of the constitution to fix the value upon the currency defeated? Those reasons, if no other, would induce him to vote — against any plan of banks. I belong to this party—the demo- cratic—which, it appears, has occupied so much time in this discussion. It has been said that there are those here who aspir to lead us. I would, sir, select as my leader, if we are to have am from that other party which had shown so much judgment and ~ discretion as to keep silent, and leave this war entirely in the hands of the “harmonious” democracy, and not from among those ~ who claim to be democrats, and get up here and carry on a fight — for the amusement of their opponents——The term “harmoniou democracy” may be and 1s often used as a sneer, but upon the ~ great principle of human liberty they are harmonious; and I would say to those who anticipate the game of the Kilkenny cats by thi democrats, that they need not lay the “flattering unction to thei soul,”’ for that party will remember their responsibility to thei constituents. And if there is to be a bank, and if they cannot strangle the monster in his cradle, they will unite and chain him ~ so that he can do no harm. If that party desired to know upo what the democrats will unite, I tell them to select what is just and right, and they will there find the democratic party. This much, sir, have I said on my own responsibility. Mr. GEDDES replied, briefly, to the remarks of the gentleme who had opposed banks and attributed to them such evils._ Hey entered into the question and argued differently. ¢ 49 Mr. BOSBYSHELL said, that long previous to the adoption — of the State constitution, the currency of the confederated States — had been confided to the general government, which, also, was — intrusted with the power of regulating commerce, faeuiad a of credit, or to change the legal tender in payment of debts. ee from the evils of paper money which had been necessary during TUESDAY, JUNE 29, 1847 275 ‘the revolution, and the funding of which had caused so much j discontent between the speculating and substantial citizens of e nation, any other standard of value than precious metals was _ deprecated by all the patriotic of the time, who endeavored to guard it by adequate provisions. There can be no other substi- tute, all attempts to substitute are delusive and fraudulent, and ‘snares for the public prosperity. The effort to coin money out of "paper was abused. Nothing can make a promise to pay on Paper, like the dollar itself. Mr. B. (we are sorry we cannot give his remarks more full [sic] took the following positions: That great commercial operations are accommodated by paper “money issues, as did the credit system, but unless convertible into _ gold was worthless. Its use was like the substitution of ardent spirits for food—it intoxicates and ruins. That the reason given _for the use of paper money—the scarcity of coin—should be the cause of an exclusive metallic currency, because the latter was _ more valuable as it become [sic] scarce. He alluded to the incon- _ veniences of paper money in trade. The shocking vicissitudes of _ unconyertible paper money had cost this country more than its __ wars; they were the greatest difficulty in the revolution, and now E more oppressive than all the public burthens. That the issuing _ of paper money by authority of acts of the legislatures of the _ several States was an usurpation of power unfor[elseen by the _ framers of the constitution. The first Secretary of the Treasury, _ when he introduced the conveniences of a national bank, never contemplated that paper should supersede gold and silver as currency. He traced the history of State banks, and admitted _ that the supreme court had decided that when they were not made a legal tender they were not unconstitutional; but that this great _ power to control, value and regulate price, unfor[e]seen by the _ framers of the federal constitution, has grown up one of our most _ important institutions and demanded the serious attention of a H body convened to re-organize a government. This power to _ create a currency was so important that no government ever _ parted with its sole exercise. It controlled everything. It was _ the life blood of the body politic. It was fortunate that every laborer was familiar with the little value of these bank notes; _ which the regular recurrence of periodical convulsions so clearly - a ‘+ “ ‘ 276 ILLINOIS HISTORICAL COLLECTIOI demonstrated. If public sentiment advanced En. as. it | has for some time past, the deeply rooted evils of banking will soon alleviated, if not entirely removed. The farmers, mechanics and others who lived by industry, and without trusting to pa facilities, are now free from trouble, and have plenty of hard mo Interest is moderate. They knew not the distress which was where banks, credit and speculation predominated; and w would be the case where the power was given to a few to exercise one of the privileges of sovereignty. Fifty years ago the Bank c England disclosed the terrible secret that banks might dispen with hard money. Possessed of that secret our banks havea followed it up by pushing it on to a despotic supremacy. -Prepaee terous luxury, insolvency and crime are the certain followers of the bank mania. Bad currency, speculation and monopoly can only account for the sudden vicissitudes, the most devouri usury, controversey [sic] and litigation, panic, clamour, conv sion, and at last the unlawful refusal of the banks to pay their oy the justice, right, propriety or honesty of conferring spec! privileges upon any body of men. The nent and original offi banks proceed from what courts of j sects punish as fanaa: the using of trust funds. The Bank of Holland was ae for this. We find that our space will not allow us to go further even with our condensed report of Mr. B.’s able and logical speech. Mr. SINGLETON offered an amendment to the grey of Mr. ScaTEs. Mr. PETERS offered an amendment to the adiendmndan? And then the committee rose, reported progress, and had lea to sit again. And the Convention adjourned till 3 P.M. AFTERNOON Mr. Z. CASEY offered a resolution, that from to-morrow t Convention would daily resolve into committee of the whole, a: take up the reports of the committees and dispose of the Sai Adopted. ) meet the opinions of all those who were opposed to a prohibitory use. He said, that he had intended to present his views in nso, but it was evident, from the number of propositions that d been introduced, that the members of the Convention had me to some conclusion, and that all had made up their minds; bic ebate and argument were, therefore, unnecessary. He explained propositions to be as follows. 1st. That there shall never be -a State bank—he was opposed to State banks—State college, State printer, State anything. 2d. That there should be no pecial charters. This, he thought, was in accordance with the neral sentiments of the people. jd. It leaves it with the egislature to establish a system of banking with certain restric- ms. He laid it down that, looking at the fast increasing popula- n of the State, our growing interests, &c.,we must have a Yaper currency, and cannot get along with an exclusive metallic rrency. Another principle of his plan, was that there shall not be more than one bank placed in each judicial district of the State. _ Mr. KITCHELL said, he had drawn up certain resolutions containing a set of restrictions, which he could support consistently vith his view of his duty to his constituents. _ It was nearly the same as had been presented by the member from Madison, and others. Though out of order to present it, it vas not out of order to allude to it in his remarks. He supposed "he was one of those whose position was said to be an enigma, and ‘not consistent with democracy. He thought he knew the opinions the people he represented, and he felt it his duty to support hat opinion, unless it was wholly inconsistent with honesty and ropriety. This question was not regarded in his county as ettled; not one upon which public sentiment was regarded as ripe mature. We have and use a paper currency; not so much ie as in other places, but the bank paper happened to be good 278 ILLINOIS HISTORICAL COLLECTI on S a paper currency, when at a par, is a safe and proper sscliare circulation. They cannot recognize any argument that it immoral or improper to use it. They will refer you to those State: . where banks have existed from the time of the formation of their government, and ask why cannot Illinois have a good bank as well — as others. One of the first political subjects to which he had — turned his attention was the state of the people of Illinois, regard to the consequences of the inflation of the currency and — the ruin, havoc and disgrace which followed the suspension; and I thought that I would take the ground occupied by other gentle- men, in open opposition to all banks, but I have considered better ~ of it. What are our county organizations but exclusive privileges for certain purposes. Gentlemen who take the broad ground — against all privileged corporations go too far. Our county organi- zation is but a part of the system. You cannot vote out of you: own precinct. Every college is a corporation. The arguments — of gentlemen have been directed against the abuses of banking. — As well might they take ground against steamboats, that they should not be permitted to navigate your rivers because they contain such engines of destruction. As well prohibit physician practising because quacks have dealt out death and destruction” in the land. You may as well say there shall be no religion because, at some time or another, it has been united to State, and ~ has oppressed the people. He thought this a fair statement of the ~ arguments, and that it was not extravagant to compare thei arguments against the abuses of banking with the steambo dangers. He was opposed to the system of banking heretofo carried on in this State, but thought that we might adopt sor system; it was impossible to exclude bank notes from circulati in this State. There are now laws upon the statute book of t State, which are as a dead letter. They cannot be enforced, a’ it would have been better that they had not been enacted than not in force. When it can be shown that it is a curse upon the — State that we ever had bank notes, or that we can exclude them ~ from circulation, then I will abandon the position I have taken, and go for their exclusion. It had been said that bank notes were an unfair representation of the amount of money in the country, ew! ge D1 Se Pee Tan) weet. “ND bee) oe Pee ee ee a ite ee ‘ ie Se as ; TUESDAY, JUNE 20, 1847 279 “argument is that it is a paper currency, that the corporations are é ae the privilege of issuing seven or eight dollars in notes to ne in capital—in specie. These things are an abuse of the privi- lege, and are privileges which should not be granted. Heretofore it has been so provided that in case of a failure nothing but the 4 porate property could be touched, though it might be that the _ officers, directors, and stockholders were immensely rich, nothing " of their private wealth was liable. But we came here to adopt a different order of things; we came here to lay down an organic law _ for the land, and questions of a doubtful character, of expediency - and policy, and one which has been decided differently in every _ other State of the Union, should not be put in the constitution of _ the State and become the unalterable law of the land. He was _ not in favor of any particular system of banks, there might be | banks required by the people. And suppose the people of Chicago, _ or of Quincy, or of Springfield desire a bank of deposite, of __ which no one could complain, the prohibitory clause would prevent _ it. He was opposed to any prohibitory clause in the constitution. _ Mr. K. here read his plan, which was a mere statement of restric- _ tions to be placed upon banks, and applicable to any and every system. He said he was not, as he had said before, in favor _ of any particular system, but he was satisfied that the people of __ his part of the country were opposed to any unqualified prohibitory _ clause being inserted in that constitution, and he felt himself __ bound to carry out their views and sentiments. While I am not in _ favor of any particular system of banking, I know that it is im- possible to exclude from circulation in this State the bank notes ss of New York, Indiana, Kentucky, Missouri, and other States, so long as they are at par, and answer all purposes of business, and _ that all our efforts to do so will be in vain. He thanked the ; _ Convention for their attention and hoped he had defined his B ‘position sufficiently explicitly. > Mr. BROCKMAN addressed the Convention for a consider- able time in favor of a prohibitory clause and against banks of _ every description. A full report of his speech has been taken and will be given in another form. _ Mr. DEMENT said, that as the day was nearly spent he __ would not take up much of the time of the Convention, but would 280 I LLINOIS HISTORICAL COLLECTI ON s As merely define his position in as few remarks as vdsatite aud dire out a few of the suggestions which had occurred to his mind on the question now before them. He was aware that it was the belief of many there, that the question of banks was the all ab sorbing question of the day, not only in the Convention, bu amongst the people, in all sections of the State of Illinois. This would be the impression forced upon the mind of anyone who had heard the discussion on that floor, yet such was not the case among the people. This question of a bank was not considered by the people of his county before he came. there—banks were considered by them to be an obsolete idea. It was said there by the whigs that the former State banks, which had brought upon them so much ruin and misfortune, had been created by the demo- crats, and they, the whigs, threw them off as no part of their policy; the democrats threw them off, and the whole people, with- out distinction of party, admitted them to be an obsolete idea. — All were opposed to them where he came from, and the question was not alluded to in the canvass except, perhaps, to ask a candi- date if he was opposed to them, which he answered in the affirm- ative, and this was all that was said. But if a person were to hear the discussion here, he would think that the people were alive on this subject. It was but a few years ago that this question o banks was a party question, the democrats were opposed to a banks and the whig party was in favor of them, but as has been shown by the gentleman who has just taken his seat (Mr. Brock- : MAN) the whigs have receded in this as in many other things, so much so that there is no whig in our part of the State who wi pretend to favor them. And now it is said that it is no political question; but becomes with us one of mere expediency—except 1 regard to a bank with special privileges. The evils of banking he considered consist more in the embodiment, in one corporation of — ny a few men, of peculiar and special privileges, and the cutting off © 4 all competition, in the way of trade and business, by.men who are ~ not possessed of those rights and privileges which give their char- tered opponents so great an advantage. The evil, therefore, is in the sespecial privileges which they have enjoyed, and the want proper and necessary restrictions upon them. On this questio of expediency, he would say that he was opposed to the creation of TUESDAY, JUNE 29, 1847 281 ak with power to issue any bill of credit, promissory note, ning else intended as a currency; and he was opposed to oration issuing three or four dollars in paper to each one it capital. He thought that Illinois did not need any banks nrich her people or to raise the value of her property. He idered that the country was only enriched as we improve our by the increase of our products, or as we raise means of tence by labor. Nor did he think there was at present any lus capital in Illinois to be vested in banks, and that if any ks were now to be created it would be embraced by men more ous to borrow than by those who desire to invest their surplus tal. There is no excitement anywhere on this question of ks except in this Convention, and, so far as my information tends, it did not enter into the canvass. This was the case in the northern part of the State. A few years ago the people of the ate were depressed and in debt, and all kinds of property was of little value. Now our property has become enhanced, and we - now in a state of comparative prosperity; these good results d been produced without banks. Every farmer, mechanic and tisan, and all others whose avocations tended to contribute to he wealth of the country, have together produced this prosperity. t there were those in the community who had been laying on - their oars watching for their opportunity, now come forth, and ng advantage of that ambition, which prosperity always in the bosom of men, are desirous to have banks, and a titious currency wherewith to run into wild and extravagant schemes of speculation, and in due course of time will possess themselves of all the property of the country, and in due course of ne their bubble will burst, and in the scramble will take care to rich themselves on the loss and substance of others. The eople of Illinois do not want these banks. It is true they exist New York and other States, but he believed that if the people that State were like us, once rid of them, they would never ‘them again; but such is the influence on the trade and busi- of the community, and the power they are enabled to exercise er the people themselves, by means of their privileges, that 282 ILLINOIS HISTORICAL COLLECTIONS like water, will always find its level, but paper money will always drive gold and silver from the market. One part of the State has — now an exclusive metallic currency of gold and silver; this is in the northern part of the State, in the mining region. There was at one time nothing but paper circulated there, and so great was the confidence of the people that a note was never examined but — taken without hesitation. After a while the banks burst, and — these people felt the loss more severely than others who had less — of that kind of currency. They then declared and resolved for the future to have nothing but gold and silver. e. There English sovereigns constituted nearly the whole currency, - because they were worth more there than anywhere else; they — passed current in that region for $4.90, while at the east the[y] were taken for only $4.83, and at St. Louis for $4.85; the difference, therefore, between the $4.90 and $4.83 paid well for the exchange between that quarter and the eastern cities. The difference in the value was far greater than the cost of trans-— portation. Gold and silver must find its level, and though in ~ other States they may have banks and paper money, State lines — are no barriers to the exportation of the precious metals, which - will naturally flow where it is worth most. Our produce will go © eastward, and their gold must flow back to us, and one will be the exchange for the other. Suppose we send three millions of - dollars worth of our produce—beef, corn, flour, pork, lead—to the — east, it is not necessary that that amount in specie shall be returned © at once, because as our producers have the coin, which is paid by them to the merchants, and those merchants trade for their goods — at the east. What is more easy and simple for the manufacturers — or purchasers of our produce there to pay for it in drafts upon our — own merchants, and thus the money is again paid out to the farmer and the miner in metallic currency; and all this can be done without | banks. Where is the necessity for them in our State? I oppose the proposition of the gentleman from Madison, even if we are to have banks. One objection is, that it does not provide ~ that the directors and stockholders of the banks shall be personally — liable for the debts of the institution. Here is no remedy against — men setting apart a certain amount of their money to bank upon, © and when that is lost, with thousands belonging to others, sitting — TUESDAY, JUNE 29, 1847 283 down with a private fortune exempt from all liability, and which may have been the accumulated result of accommodation in the _ shape of loans to him by the bank. I also object to it because it does not provide that any bill which may pass the Legislature, _ creating a bank, shall be submitted to the people. In conclusion, __ I will say to those fifty-eight who voted for the prohibitory clause _ that we want but twenty-three more to make a majority; and I say that, in case ofa failure to carry that, I believe there are those here who are opposed to banks yet opposed to a prohibitory clause, and who come nearer us than others, and with whom the i fifty-eight may vote; that there is a probability that they may + unite with us on some plan which will, in effect, accomplish the ends of a prohibitory clause. If I can’t get a total prohibition, I _ hope to see something adopted that will approach it as near as _ possible. I had no expectation that what I have said will have _ any effect upon members here. I anticipate no such results from _ my speaking, but I have thrown out these suggestions to those in _ the Convention who approach nearer the doctrine of the fifty- _ eight in principle, and who, I believe, may unite with us upon something. _ Mr. GREEN of Tazewell addressed the Convention in _ deprecation of the introduction of party topics, and in defence of __ the whig party. The Convention then adjourned till to-morrow at 9g A. M. RUN eat a Cunt ag XX. WEDNESDAY, JUNE 30, 1847 Mr. BUNSEN offered a resolution of i inate Refered the committee on Education. dese the amendment was laid on the table? He the resolu adopted. a Mr. Z. CASEY moved that the committee of the whole De one subject will be again discussed. Carried. Messrs. KircHeLtt and ARCHER presented Rien’ “f relation to banks; which were referred to the ie Incorporations. the hots and take up reports of committees as per iO: radoy yesterday. Carried. Mr. Woopson in the chain, . Mr. CASEY said, that he wished to suggest that the ch the committee on the Legislative Department and the of the committee on the Executive Department were both a from the city; but they had requested that the reports may n postponed on account of their absence. He moved the repo tH the committee on the Legislative Department be ta Carried. The committee then proceeded to consider the report ¢ 284 WEDNESDAY, JUNE 30, 1847 286 he elected once in every two years, &c.” ir. SHUMWAY moved to strike out “two” and insert ir. ROUNTREE moved to insert “four.” Mr. DAVIS of Montgomery advocated the adoption of the ‘number. He said the opinion of the people of the counties epresented—Bond and Montgomery—had been fully expressed n this subject. They were satisfied that we had been cursed y too much legislation. He thought that one session every four years, with power to the Governor to call them together when my emergency arose, was sufficient for all the legislation the ople required. The people there, and even the members of the egislature, would be able to know what laws were passed by one islature before the next met; which is not the case at the present. _ Mr. DALE begged leave to differ from his friend of Mont- on. But not the remedy of electing members for four years, as posed by the gentleman. They complain of over-legislation and the expenses attending t. The remedy for this, and it is the one which they wish, is fully furnished in the report of this committee. This report mits the time of holding sessions, so that, instead of ninety days, as heretofore, the Legislature will be able, in future, to remain in ‘session but little over forty-two days, and too, at a pay so small o remedy all the objections that the people of his county have nst over-legislation and its heavy expenses. This reduced pay and the short time allowed for legislation ll induce the Legislature to enter immediately upon the business of legislation, and to legislate only on matters called for and essary to be legislated on. And this is the reform which the e of his county desired. 286 ILLINOIS HISTORICAL COLLECTIONS _ Mr. GEDDES was in favor of the four years—He thou that we had had too much legislation, and that it would have ~ been much better for Illinois if there had been no Legislature: for the last twelve years. rf | Mr. HAYES said, that it might be assumed, ae the remarks of gentlemen, that Legislatures had become nuisances, which, though not the term used, was no stronger than some that were uttered by gentlemen. He admitted that there had been bad legislation, but was there not bad legislation in every State? If they so much feared bad legislation, would it not be as well to abolish the Legislature altogether? The gentleman had said that it would have been better had there been no Legislature for the last twelve years. Perhaps we might have avoided some of the % evils of bad legislation, but would it not have been depriving og people of their share in the government? If he had understood — anything of the nature of government, the whole conservative 7 power of the people was in the Legislature—there they were heard, © ‘ there they spoke in the administration of the government. They y had a latent power in themselves to overturn the government, and establish law and order where law and order did not exist before. But the only legal power the people had was vested in the Le lature. Much had been said about bad legislation, and that it had been conducted by men who acted not to promote the purposes” of the people, but rather to advance their own. Here we have large State with a large annual revenue coming into the hands your Auditor and Treasurer, and unless we have a Legislature, ' th Governor will have millions under his control; and there is ne 0 power to direct the disposition of it. 4 % He denied the benefits of a long interval between the sessior 3 of the Legislature. It was not tobe expected that our public sery- ants will always be pure. That was a presumption in favor human character. But if they had had bad legislators, we m have a corrupt executive, and the government exercised wi tyranny. Many people in thle] State thought two years long. He thought the Convention, in carrying out reform might go too far, and might defeat their action by attemp daa O do too much. tg Mr. KNAPP of Scott inquired witeches the long incervall of .. WEDNESDAY, JUNE 30, 1847 287 the revenue was easily Enawered by saying, the Legislature can _as well distribute at its session the revenue for four years as it __ Mr. LOGAN endorsed the views of the gentleman from White (Mr. Hayes.) Though no democrat, he would oppose, as our _ government was mixed, the executive, judiciary, and legislative _ or democratic departments, the abridging of the democratic part. Auditor of Public Accounts and the Treasurer, who had large sums coming into their hands, are not responsible to any but the Legislature. Again, in case the Governor becomes corrupt, what good was the power he possessed to call the Legislature together? He would not call them to revise his acts, and we would-have but 4 ‘one session of the Legislature during the term of the Governor. ; ‘He opposed it further, because it was putting it out of the power _ of the people to be heard more than once in four years, while the 3 "other parts of the government went on administering it. Mr. BOND was in favor of striking out, and inserting four years. He differed from the gentlemen from Sangamon and _ White, because when this Convention had done with clipping the _ powers of our executive, his duty will be but little more than to ‘ ‘see the laws executed. The Governor, even at the present, has _ no power to draw money from the treasury, except when author- _ ized by the Legislature. The only difficulty was the election of United States Senators, and he supposed they would have to ~ elect them four years before. Mr. LOGAN. They may die or resign. Mr. BOND. They but seldom die and never resign. Mr. MINSHALL advocated a shorter term of interval, _ because he thought the representative should be responsible to r Othe people at short periods. If we adopt the term of four years, each man elected a Senator would hold the office for eight years. _ Mr. Patmer of Macoupin and Mr. Davis of Montgomery Be intinced the debate, the former in opposition to, and the latter in favor of, the amendment. On motion the committee rose and asked leave to sit again; which was granted. Convention, to the Ciivcneant to yn The PRESIDENT laid before the Conventio from the citizens of Springfield to attend | e barba to the volunteers returned from Mexico, On motion, both invitations were exten On motion, Messrs. Ecctes, Epmons ; ARCHER were excused for ten days. atgQ A. M. XXI. THURSDAY, JULY 1, 1847 e Prayer by Rev. Mr. Barcer. i Me. HOES presented a petition from a number of citizens of : gston county in favor of a superintendant [sic] of common : Referred to the committee on Education. ‘Mr. ‘MANLY moved to take up certain petitions, presented him some weeks ago, and refer them to the committee on Law orm. Carried. _ Mr. WHITESIDE, from the committee on Military Affairs, ‘to. which had been referred the 5th article of the constitution, “reported the same back, with a recommendation that it be adopted _ wit out amendment. The report and the article were referred _ to the committee of the whole. _ Mr. THOMAS, from the committee on the Revenue, reported _ back a resolution recommending the appropriation of the taxes the 16th section in each township to school purposes, and asked be discharged from its further consideration. Report concurred _ Mr. HAYES, from the committee on Law Reform, reported ck a resolution in relation to excusing certain persons having nscientious scruples, from serving on juries, &c., and asked to oo from the further consideration of the same. Con- =@ in. Mr. KITCHELL asked leave of absence for seven days for Dr. Turr. Granted. _ Mr. CAMPBELL of Jo Daviess gave notice that on next Monday week he would introduce the following propositions: _ Resolved, That the committee on Incorporations be instructed report the following propositions, to be submitted to the people arately, viz: irst. There shall be no bank or banks, nor any branch of bank or banks, of any description whatever established in State, for the term of ten years. Ifa majority of all the votes ‘by the qualified electors of this State, shall be in favor of such 289 290 ILLINOIS HISTORICAL COLLECTIONS clause being inserted in the constitution, it shall then be mad the duty of the Legislature, at the expiration of said term of t years, to submit the same question to the people, to be voted on in the same manner; and it shall be the further duty of the Legis- lature to submit the same question every ten years thereafter, unless said proposition shall be rejected, then and in that case said My “ clause shall be stricken from the constitution. ae Second. If a majority of the qualified electors of the State shall decide against the foregoing proposition being made a part of the constitution, then it shall be made the duty of the Legis- lature, if at any time it shall be deemed necessary, to create by ig 4 law any bank or banks, or to establish within the limits of this State any branches of any bank or banks of any other States, to submit any and every such law, so creating or establishing any — such banks or branches, to the people for their approval, at least one year previous to the time fixed for voting on the same; and in case said law shall receive a majority of all the votes given at said election, then it shall be in full force and operation, otherwise to. be of no force or effect whatever. Mr. KNOWLTON offered a resolution directing an nq i by the committee on Education. Carried. 4 Mr. HAWLEY offered a resolution, that a special committee be appointed to report some provision for the amelioration of ~ lunatic, deaf, dumb and blind persons. ‘hg Mr. HARDING moved to add the word “black;” which a amendment was laid on the table. yy Mr. SCATES moved to add “‘insane.’ Mr. HARDING suggested that, as the Conventie wer determined to do nothing for the negroes, he a it had bett a Be was it would be applicable to all colors. Mr. SCATES replied that, in cases of humanity he knew no 4 difference in color. ¥ Mr. ADAMS moved to lay the whole subject on the table. Carried. a Mr. WEAD offered a resolution, that the committee ont Miscellaneous Subjects be directed to inquire into the expediency THURSDAY, JULY 1, 1847 291 of providing for fixing the seat of government of the State at Peoria. Laid on the table. _ Mr. DAVIS of Montgomery offered a resolution that the ' committee on Incorporations be instructed to report a clause prohibiting a State Bank. Carried. _ Mr. HOGUE moved to go into committee of the whole. _ Decided in the affirmative. _ And the Convention resolved itself into committee of the whole, Mr. Woopson in the chair, and took up the report of the “committee on the Legislative Department. H _ The question pending was on striking out “two” and inserting _ “four” in the second line, and the vote being taken the committee refused to strike out. Mr. ARMSTRONG moved to amend the same section by "striking out the words “first Monday in October” (the day ‘ provided for the election of members of the Legislature) and insert _ “first Monday in November.” j Mr. HENDERSON moved to insert the “Tuesday after the _ first Monday in November.” Y The vote being taken, the word October was stricken out. Mr. WHITESIDE moved to fill with “first Monday in August.”’ ~ Mr. SINGLETON moved to fill the blank with “3d Monday in August.” y _ A conversational debate ensued, in which Messrs. WHITNEY; _ Davis of Montgomery, Campsett of Jo Daviess, HENDERSON; _ Kwox, Harvey, Cuurcuiii, Scares, Geppes, Locan, PETERs; _ Anperson, WuirTesipE, Know.ton and ATHERTON participated. _ And the question being taken on inserting the “first Monday in _ November,” it was decided in the affirmative—yeas 86, nays not i counted. i Mr. ROUNTREE moved to add “and continue for ten days” _ after the word eight in 2d line, and at the end of the section, to _ provide that the elections shall continue for two days.” i He said that if all our elections, for General Assembly, _ Presidential elections, and county officers, are to be held on one day, and by the viva voce system, it would be impossible to get _ through in one day. If we, however, adopt the ballot system, his 292 ILLINOIS HISTORICAL sir. ‘ON proposition would be unnecessary. The queseigie was taken the amendment and decided in the nee Mr. SHARPE moved to strike out “eight” and insert cae in 2d line—that the first elections shall be in 1849. Lost. Mr. ROBBINS moved to insert in 4th line—“and for s length of time,” so as to have the elections continue for a time t be fixed by law. Lost. ee wn QUALIFICATIONS OF REPRESENTATIVES The next section was then read and Mr. MARSHALL moved to strike out “inhabitant of th State,” as unnecessary. Lost. in firat: line, and insert “one” (in the age of the Representative) which motion was lost. ae unless a resident of the State five years and of the county one y\ Lost. . QUALIFICATIONS OF SENATORS ce “forty.” Mr. WHITNEY opposed any such aia and NY question was taken on the motion and it was lost. Mr. SHUMWAY moved to insert “and an inhabitant of State,” after the words “shall be a citizen of the United State Carried. Mr. SINGLETON moved to insert after the wards “she have resided” the words “‘five years in this State.” "Carried — Y 70, nays 56. Mr. HAY moved to amend so as the age should be 36 y instead of 30. we 52, nays not counted. Lost. a §. ALLOTMENTS OF SENATORS . . . ae This section was passed without any amendment. THURSDAY, JULY 1, 1847 293 . 6. NUMBER OF SENATORS AND REPRESENTATIVES ie section reads—‘“The Senate shall consist of twenty-five ers, and the House of Representatives shall consist of nty-five members, never to be increased or diminished, to be portioned among the. several counties as herein provided for; until there shall be a new apportionment of Senators and entative districts, and the Senators and Representatives s nal be apportioned as follows:” oe Mr. HARVEY moved to insert after the word “diminished,” “until the Legislature shall deem it necessary.” Lost. Mr. HOGUE moved to strike out “five” after “seventy.” 40. Lost. Z : _ Mr. HOGUE moved to strike out “five” after “twenty.” Race. Mr. HARDING moved to strike out “seventy-five members, ver to be increased nor diminished” and insert “one member each county in the State at the time of the election.” ea (Mr. HARDING said, that the committee having decided that the legislature should consist of two branches, and that it should convene once in two years, it was necessary in fixing the number of which that legislature should be comprised, to have some refer- “ence ce to the decision of the committee in regard to those points to which he had alluded—Had the committee determined to strike out from the first section ‘“the Senate,’’ as proposed by the gentle- 7. an from Gallatin, then it was probable, that the committee ould also be prepared to strike out the number seventy-five, and ert a much larger number; but it was determined by a vote of committee, without debate, that there should be a Senate as as a House of Representatives in the legislative department le government, and although he had voted against the propo- sition of the gentleman to strike out the Senate, from the alarm whi h he felt at this attempt at innovation upon the mode of nization adopted in other governments, more than from con- ae Z 294 ILLINOIS HISTORICAL COLLECTIONS — government, unless we might have the substance and excelle which ought to appertain to such a government? Why 1 incur the : such a form of government, unless the benefits which Lene to bel derived therefrom could be secured. If the members of the two ~ branches of the legislature were to possess like qualifications, to be vested with like powers on all subjects of legislation, to be elected | in the same manner, and for the same term, why should they bat divided into two branches? It was not enough to be told that ; one branch was intended to be a check upon the pid unless by is assumed a legislative shape. An unchecked and unrestraine 1 legislature, concurring as they generally do in our times, with oF the Miles of the legislative deparunente into two brane N . ¥ , FRIDAY, JULY 2, 1847 301 as one directing a mere enquiry; but the preamble contained ertain principles which he did not think the Convention would ypt. He asked a division of the question. And the vote was en on the adoption of the resolution, and it was adopted. ‘Mr. McCALLEN then moved that the preamble be laid on the table. The yeas and nays were demanded, and were ordered, and resulted yeas 64, nays 67. Mr. LOGAN said, it was evident John Thompson had been junting up his stray cattle and had been successful; and as this question would lead to debate he moved its postponement till fonday week, when the resolutions of the gentleman from Jo aviess would come before the Convention. Carried. _ Mr. SHUMWAY moved a resolution instructing the committee n Incorporations to report a clause prohibiting the establishment f a United States bank or any branch thereof in the State. -_ Mr. SINGLETON offered as a substitute for the resolution hat no member of the Convention be allowed for his own use, any _ of the paper or ink furnished by the State; and that no member 4 be allowed pay for fractions of day’s Wee « _ Mr. VANCE moved to adjourn till 3 p. m. Mr. ATHERTON moved to adjourn till Monday ieee, Mr. BROWN moved to adjourn till Tuesday next. _ The motion to adjourn till Monday week was lost. _ The motion to adjourn till Tuesday next was decided by yeas and nays as follows: Yeas 4, nays 128. Mr. BROWN moved to adjourn till Monday, and the vote was taken by yeas and nays, as follows: Yeas 7, nays 121. _ The motion to adjourn till 3 p. m., was lost. Mr. GREEN of Tazewell made a few remarks on the state Af pines in the Convention, and _ Mr. SINGLETON withdrew his substitute. Mr. DEITZ moved to add to the resolution, “without first __ obtaining leave of the Legislature.” mi | Mr. SHUMWAY moved to lay the amendment on the table. 302 ILLINOIS Ania ple COLLECTIONS an Mr. LOGAN moved to lay it on the cables The yeas mac nays” were demanded, ordered and taken, and resulted—yeas 76, nays 50. a Mr. HILL offered a resolution that the Convention shall mee P daily hereafter (Sundays excepted) at 8 a. m., and 2 p. m. sf Mr. CAMPBELL of Jo Daviess offered as an anion diet hi that, in computing the pay of members for attendance, Sundays — be not included. A motion to lay the amendment on the table — was made, and the yeas and nays demanded and ordered. Mr. GEDDES moved the Convention adjourn till 3 p. m. The yeas and nays on the motion were taken, and resulted 4 yeas 56, nays 69. . Mr. HAYES moved to adjourn till 2 p. m. Lost. The yeas and nays were then taken on laying the amendment a on the table, and resulted—yeas 62, nays 46. sa Mr. SERVANT offered a resolution that when this Conventen adjourn, it adjourn till ony next. on the qaile: till 3 p.m. Yeas 80. Carried. Mr. LAUGHLIN moved the Convention adjourn till 3 p. m. Om Carried. AFTERNOON Mr. GEDDES moved to take up the resolution to adjourn till — Monday. Carried. Yeas 77, nays none. And it was ee Mr. THOMAS moved the Convention adjourn. Lost. eed to Mrs. Browne and daughters on Saturday night for a , concert to be given to the returned volunteers. Carried. “a Mr. BROWN moved the Convention adjourn. Lost. 4 Mr. LOGAN moved the Convention resolye anto committee f of the whole. Carried, and Mr. Z. Casey was called to the chair. — : The committee took up the report of the Legislative Committee, — at the 6th section which was under consideration when the com-— mittee rose on yesterday. j Mr. HARDING moved to amend said section by inserting 4 after the word “districts” where it first occurs, the following: “no — county shall vote for more than one member of the House of — FRIDAY, JULY 2, 1847 303 ntatives.[”] Decided in the negative. Yeas 24, nays not - HARDING moved to insert after “apportioned,” where ‘st occurs, “‘so that no election district shall be enlarged unless fraction over the ratio of population, exceed one-third the ratio, ad then not unless with contiguous territory.” Yeas 55, nays 61. _ Mr. LOGAN offered the same amendment except instead of “one-third,” it read “one-fourth.” _ Mr. ROBBINS moved to add to the amendment “so that each ounty having not less than three- fourths of the ratio shall be entitled to one representative.” Which amendment to the amendment was lost. _Mr. LOGAN then withdrew his amendment. ¥ Mr. HAYES moved to strike out the words “as hereafter provided for” and insert “‘in all future apportionments when more n one county shall be thrown into a representative district, all representatives to which said counties may be entitled shall be elected by the whole district.”” Which was adopted. ‘ ‘Mr. SCATES moved to strike out “twenty-five and seventy- five” and insert “thirty-five and sixty-five.” Lost. SEc. 7- TIME OF MEETING OF THE LEGISLATURE _ Mr. THOMAS moved to strike out January, 1849 (the time of the meeting of the first Legislature under the constitution) insert December, 1848. Lost. Mr. EDWARDS of Sangamon moved to add that the Legis- Tature “shall not continue in session for a longer period than xty days.” _ Mr. BROCKMAN moved to add to the amendment, “and the Governor shall have the power to prolong the session, if in his ion the public interests demand the same.”” The two amend- ts were decided in the negative. ' Sec. 8. OFFICERS OF THE TWO HOUSES AND QUORUM _ Mr. WEAD moved to strike out “two-thirds,” with a view to in inse ert a larger number to constitute a quorum. Lost. ~ Sec. g- Yeas and nays on any question shall at the desire of ny two members be entered on journal. i Pe PO ee tet ta REN Cs? Se Oe 304 Mr. GRAHAM moved to strike out. “two” a Lost. ‘ vst Sec. 10. Any two members may protest &c., and ave t reasons entered on the journal. Mr. McCALLEN moved to strike out t “two” and i insert ‘ Lost. Sec. 11. Each house may, with the concurrence Br nee expel a member &c. ‘3 Mr. LEMON moved to strike out Boots andi insert : majority.” Lost. AF | Mr. VANCE moved to insert after “eworthirds” “of all the members elect.” Carried. Mr. PALMER of Macoupin moved to add: “and ne O for such expulsion shall be entered on the journal, with the names of members voting for the same.’ Yeas 65 nays Carried. ly “ Secs. 12, 13, 14 and 15, were eee ihe any amendme oI Src. 16. PASSAGE OF BILLS gt, Mr. KENNER moved to add, “and no bill shall conte without a concurrence of a majority of all the members elec from each house.” Yeas 62, nays 28. hae No quorum. The committee rose and the chairman repor to the Convention that the committee was without a quorum. Mr. LOGAN moved that the committee have leave to again on Monday. Yeas I00, nays 10. 4 XXIII. MONDAY, JULY «, 1847 y, praying certain reforms in the Legislative Department; 1 were referred to the committee on that department. _ And, also, a petition from the same source, praying the election istrict attorneys, &c., by the people. Referred to committee Also, a petition, from the same source, praying the abolition “eee commissioners’ courts. JERSON, and Mr. Davis of Melcan, presented ances. ying the appointment of a State school superintendent. ferred to committee on Education. ‘Mr. VERNOR presented petitions from citizens of Washington in relation to naturalization of foreigners. Referred to mittee on Bill of [Rights.] r. SCATES moved that the Convention resolve itself into mn biietoc of the whole on the report of the committee on the gislative Department. _ The Convention then resolved itself into committee of the iole—Mr. Z. Casey in the Chair. The question pending when he Committee rose on Friday was on the amendment to the 16th ion of the referred article, and being taken was decided in the ‘mative. Sec. 17. All bills for raising revenue shall originate in the e of Representatives, &c. t. CHURCH moved to strike out the section. Lost. ‘Section 18. Every bill shall be read on three different days in ch House, unless in case of urgency, when three-fourths of the °) use where such bill is so depending shall deem it expedient to spense with this rule; and every bill, having passed both Houses, 305 3o6 «ILLINOIS HISTORICAL COLLECTIONS — shall be signed by the speakers of their respective Houses; and no — private or local law which may be passed by the Legislature shall — embrace more than one subject, and that shall be expressed in the ‘_ title; and no general law shall be in force until published. u) Mr. BALLINGALL moved to insert after the words “genera law,” the following: “shall contain any matter not pertnen uae the title and first section [t]hereof.”’ Lost. ' Mr. HOLMES moved to strike out “published” and insert “sixty days after its passage.” Lost. a Mr. PETERS moved to insert after “Houses,” where it : occurs last, “‘nor shall any bill become a law until the same shall have been printed for the use of the members.” Lost. Mr. KNOX moved to strike out the words “private and local; which was carried. Mr. WEAD moved to strike out “‘and no general law shall hed q in force until published.” And he gave as a reason for this, that — the fact of “publication of a law would, hereafter, lead to great uncertainty. The motion was afterwards withdrawn. LA . strike out, i was decided in the negative. Mr. SINGLETON offered an amendment, which bette! modi fied at the suggestion of Mr. Locan, was adopted as follows: Strike out all after the word “title,” and insert “and - private or public act of the General Assembly shall take effect, be in force, until after the expiration of sixty days from the ei of the session, at which the same may be passed, unless in case o emergency, the Legislature shall otherwise direct, by a vote two-thirds of each branch of the Legislature.[”’] Mr. THOMAS moved to strike out the words “‘private and. Carried. SEC. 19. STYLE OF LAW No amendment. Sec. 20. The sum of two dollars per day, for the first for two days’ attendance, and one dollar per day for each da attendance thereafter, and ten cents for each necessary mile’s travel, going to and returning from the seat of government, shall Pot ae A 7) W) i anaes’ whet DAS samase = 3 rus, gf Pe = Ve MONDAY, JULY 5, 1847 307 be SE tlowed to the members of the General Assembly, as a compen- ; Benon for their services. The | committee then rose, and the chairman reported to the Convention that the committee was without a quorum. __ Mr. Z. CASEY moved a call of the Convention. Fx _ Mr. CAMPBELL of Jo Daviess suggested that as the object a of the call was only for the purpose of ascertaining whether "a quorum was present or not, he hoped that the President would count the members present. _ Mr. CASEY withdrew his call. Mr. THOMAS renewed the motion for a call, and it was ordered. And one hundred and twenty-eight members answered _ to their names. The Convention then resolved itself into a committee of the whole—Mr. Casey in the Chair. And the question being on striking out, the same was decided in the negative—yeas 51, nays 64. Mr. CROSS of Winnebago moved to strike out “‘two dollars” and insert “not exceeding three dollars.” Lost. Mr. SCATES moved to insert before the word “‘attendance,” wherever it occurs, “actual;” decided in the negative. Mr. WILLIAMS moved to add to the section, “and no more.” Carried. Mr. ROUNTREE offered an amendment allowing the Speaker of the House of Representatives $1 additional pay each day; the clerk of the House and secretary of the Senate to be allowed $3 a day; the assistant secretaries, door-keepers and engrossing clerks $2 per day. Mr. LOGAN moved to amend the amendment by allowing the Speaker $2 per diem additional. Mr. KITCHELL moved the committee rise; decided in the _ affirmative—yeas 58, nays 50. The committee rose, reported progress, and asked leave to sit again; which was granted. And then, on motion, the Convention adjourned. bic UNL 308 ILLIN Ol S HISTORICAL COLLEC rIO. AFTERNOON Meade ie The Convention met, but few members being prespile a was ordered and made; and after the absentees had! Here ag called a quorum appeared. Mr. THOMAS moved the committee go into colueiende fo) whole. Carried, and Mr. Z. Casey was called to the Ch The Convention then resumed the consideration of the report the committee on the Legislative Department. The que: pending was on the amendment proposed by Mr. Locan to amendment of Mr. Rountree; and the question was taken ther and decided in the negative. . Mr. WILLIAMS moved to amend the amendment by stril out all except so much thereof as related to the pay of the Spe which was adopted—yeas 65, nays 44. Mr. SCATES moved to allow the President of the Senate same pay as the Speaker of the House of Representatives. Mr. McCALLEN moved to insert, after “two dollars a da the words, “in gold and silver, or its equivalent;”’ decided i tk negative. Yi Mr. ADAMS offered, as an sihouel section to be numbe 21, the following: “The per diem and mileage allowed ea member, shall be certified by the Speaker of each House, and s S be entered upon the journal.” Carried—yeas 80,nays not cou Mr. DEITZ moved to strike out the words “‘ten cents for necessary mile’s travel,’ and insert “fifteen cents,” &c. Lo: Section 21. No amendment. Sec. 22. No senator or representative shall, aan the tim for which he shall have been elected, or due one ist a of which shall have been increased, during site time. ee Mr. WHITESIDE moved to strike out all after oy “elected,” where it first occurs, and insert, “be eligible a civil office under the authority of this State.” Kid Mr. WEAD moved to insert in the amendment, shies . office,” “or place of trust;” which amendment was accepted; < the question being taken, it was lost. a ae MONDAY, JULY 5, 7847 309 Mr. THORNTON moved to insert, as an additional section, the foilowing: “And no person who has been or may be a collector or holder of public moneys, shall have a seat in either house of the _ General Assembly until such person shall have accounted for, and _ paid into the treasury, all sums for which he may be accountable.” _ Mr. WEAD moved to insert after the words “civil office,” “or place of trust.” Carried. Mr. HILL moved to strike out “one year after the expiration thereof.”’ Lost. Sec. 23, The House of Representatives shall have the sole _ power of impeaching; but a majority of all the members present must concur in an impeachment. All impeachments shall be ___ tried by the Senate; and when sitting for that purpose, the senators shall be upon oath, or affirmation, to do justice according to law and evidence. No person shall be convicted without the concur- rence of two-thirds of all the members present. Mr. DAVIS of Montgomery moved to strike out the word “present” and insert “elected.” Carried. ai Mr. SCATES moved to strike out “‘two-thirds,”’ and insert ie mmajority: Lost. Section 24. No amendment. Sec. 25. No judge of any court of law or equity, secretary of _ State, attorney general, attorney for the State, register, clerk of any court of record, sheriff or collector, member of either House of Congress, or person holding any lucrative office under the U. _ States or this State, (provided that appointments in the militia, __ postmasters, or justices of the peace, shall not be considered lucra- tive offices,) shall have a seat in the General Assembly; nor shall any person holding any office of honor or profit under the govern- ment of the United States, hold any office of honor or profit under the authority of this State. ; Mr. BALLINGALL moved to insert after “shall’’ where it _ first occurs, “during the time he shall hold the office, be eligible,” mince. Lost. Mr. DAVIS of McLean moved to strike out ‘‘Postmasters.” Carried. Mr. HURLBUT moved to strike out “Register” and insert “Recorder.” Adopted. 310 «ILLINOIS HISTORICAL COLLECTIONS — Sec. 26. No amendment. i Mr. SCATES offered as another section a long series of defi powers to be conferred upon the Legislature. He pe briefl on the powers of the Legislature, and the question bette taken thereon, it was lost. Mr. WEAD offered as an additional section the folly: The Legislature shall never grant or authorize extra comper sation to any public officer, agent, servant or contractor, after t service shall have been rendered or the contract entered intc Adopted. Mr. WILLIAMS moved to re-consider the vote by wh Mr. ScaTeEs’ amendment was lost. And the same was re-consid-— ered. After a short discussion upon the proper mode of bringing — the matter understandingly before the Convention, by Messrs Minshall, Servant, Peters, and Davis of Massac the propo section was withdrawn. Mr. HARVEY moved to add “that the Legislature shall ney have power to appropriate more than ————— dollars for con tingent expenses.” Lost. Mr. EDWARDS of Sangamon offered | as an addition section the following: t The General Assembly shall direct in what manner suits may k b brought against the State; and no claim against the State st al be allowed until proven and established before some tibunal: anc afterwards approved by the Legislature. sy Mr. KITCHELL moved to strike out all after the word ¢ “tribunal,” which was decided in the negative; and then t proposed section was adopted. Sections 28 and 29. No amendments. Sec. 30. The General Assembly shall have no power tay authorize, by private or special law, the sale of any lands or other © real estate belonging in whole or in part to any minor or minors, or other person or persons, who may at any time be under any legal disability to act for themselves. Mr. EDWARDS of Sangamon moved to strike out all ait the words “in whole or in part to any,” and insert “individuals, and the amendment was adopted. ae MONDAY, JULY 5, 7847 Bit Src. 31. The General Assembly shall have no power to sus- pend any general law for the benefit of any particular individual, nor to pass any law for the benefit of individuals inconsistent with the general laws of the land; nor to pass any law granting to any individual or individuals rights, privileges, immunities, or exemp- tions, other than such as may be, by the same law, extended to any member of the community who may be able to bring himself within the provisions of such law; nor shall the Legislature pass any law whereby any person shall be deprived of his life, liberty, property, or franchises, without trial and judgment. Mr. BUTLER moved to insert after the word “individual,” where it first occurs in the section, “‘corporations or associations.” Lost. Mr. EDWARDS of Sangamon moved to insert after “indi- vidual” where it first occurs, “‘nor to pass any law authorizing any proceeding in any court affecting the property or rights of any individuals other than is allowed under the general laws of the State.” Yeas 62, nays 41; no quorum voting. By unanimous ‘consent a second vote was taken and the amendment was adopted. Mr. SCATES moved to strike out all after the words “‘provi- sions of such law.” Before any question was taken thereon Mr. GeppEs moved that the committee rise, and ask leave to sit again; which motion was granted, and the committee rose, the chairman reported progress and asked leave to sit again; which was granted. Mr. SCATES moved that certain amendments to the report of the Legislative committee, be laid on the table and printed; which motion was agreed to. And then, on motion, the Convention adjourned till to-morrow ato A. M. XXIV. TUESDAY, JULY 6, 1847 Prayer by the Rev. Mr. Dresser. Mr. ROBBINS presented a petition of sundry. Ciuc Randolph county, praying the exemption of a homestead execution; referred to the committee on Law Reform. =—— Mr. SERVANT presented a petition of sundry citize Kaskaskia in relation to certain commons granted to. Referred to a select committee of five. “f Mr. WEAD presented a petition of 62 citizens ey Fu county, praying the appointment [of] a State superintenden Education; referred to the committee on Education. The PRESIDENT laid before the Convention a commu tion from the Auditor of Public Accounts, in reply to a resol of the Convention, requiring information of the amount of r: since 1839, with reports from the clerks of 17 counties. = Mr. THOMAS moved that the report and accompany documents be laid on the table and 500 copies printed. = Mr. KITCHELL suggested that the report and abba referred to the committee on Revenue, for the age a nt sented ‘the report of the majority of the committee; aoa he moved be laid on the table and 200 copies be pre a Banxks—INcCORPORATIONS Majority Report ARTICLE—————__ CORPORATIONS. Sec. 1. Corporations not possessing banking powers or leges may be formed under general laws, but shall not be ¢ by special acts except for municipal purposes, and in cases wher in the judgment of the Legislature, the objects of the corpot cannot be attained under general laws. ; 312 TUESDAY, JULY 6, 1847 313 _ Sec. 2. Dues from corporations, not possessing banking powers or privileges, shall be secured by such individual liabilities of the corporators, or other means, as may be prescribed by law. Sec. 3. No State bank shall hereafter be created, nor shall ie the State own, or be liable for, any stock in any corporation or joint stock association for banking purposes. Sec. 4. No banking powers or privileges shall be granted either _ by general or special acts of incorporation, unless directed by the Ys _ people of the State as hereinafter provided. _ Sec. 5. The Legislature may, at any session, but not oftener ' than once in four years, direct the vote of the people to be taken, on the day of the general election, for or against the absolute pro- ___ hibition contained in the fourth section of this article, six months’ notice having first been given; and if a majority voting shall decide against the prohibition contained in the said fourth section, the _ Legislature may authorize the forming of corporations or associa- __ tions for banking purposes by general acts of incorporations, upon _ the following conditions: + tst. No law shall be passed sanctioning in any manner, directly or indirectly, the suspension of specie payments. 2d. Ample security shall be required for the redemption, in _ specie, of all bills and notes put in circulation as money, and a __ registry of all such bills and notes shall be required. ji 3d. The stockholders in every corporation and joint stock association for banking purposes issuing bank notes or any kind of paper credits to circulate as money, shall be individually re- sponsible to the amount of their respective share or shares of stock in any such corporation or association for all its debts and liabili- ties of every kind. 4th. In case of insolvency of any bank or banking association, the bill holders shall be entitled to preference in payment over all _ other creditors of such bank or association. sth. Non-payment of specie shall be a forfeiture of all bank- ing rights and privileges, and the Legislature shall not have power to remit the forfeiture or relieve from any of its consequences; and provision shall be made by law for the trial, in a summary way,by the judicial tribunals, of all contested questions of forfeiture of banking privileges. i 314 ILLINOIS HISTORICAL COLLECTIONS by % Sener al or peeved may at any time be altered, pele o pealed, and all general acts granting corporate powers of any | other than for municipal purposes may at any time be alter amended or repealed. But such alteration, amendment or repr shall, unless the right to make the same be reserved, operate P pectively. Mr. HARVEY, from the same committee, reported sundry resolutions, (Mr. Pratt’s resolutions,) in relation provision to be inserted in the constitution, that all contra based upon paper currency shall be void, and asked leave to be« charged from the further consideration of the same. Concurred Mr. KINNEY of St. Clair presented a report from t minority of the committee on Incorporations. Minority Report ) 2 Sec. 1. No corporate body shall be hereafter created. newed, or extended, within this State; with banking or discou ing privileges. A Src. 2. Corporations shall not be created in this State special laws, but the Legislature shall provide by general uniform laws, under which corporations, or associations of persons may be formed, and not otherwise, except corporations with b: State, any bill, check, ticket, certificate, or other paper, or t paper of any bank or its branches, or any evidence of debt, i ed to circulate as money. Sec. 4. No branch, or agency, of any bank or bomen tution in the United States, or any State or Territory, withi without the United States, shall be established or mainta within this State. ee resulting therefrom. On motion ordered that 1,000 copies be printed. TUESDAY, JULY 6, 1847 315 Mr. HARVEY, from the committee on Incorporations, to _ whom had been referred various propositions in relation to banks, reported the same back to the Convention, and asked to be dis- : charged from the further consideration of them. Concurred in. Mr. JENKINS, from the committee on the Division of the __ State into Counties, and the Organization thereof, made a report, _ which was laid on the table and 500 copies ordered to be printed. Mr. TURNBULL presented a report of the minority of the same committee, which was laid on the table and ordered to be printed with the other. Mr. JENKINS, from the same committee, made a report in accordance with certain instructions from the Convention, and recommended that the same be not adopted. Ordered that 500 copies be printed. Mr. JENKINS offered a resolution of inquiry; referred to the _ committee on Judiciary. Mr. LOGAN moved the Convention resolve itself into commit- tee of the whole. And the Convention went into committee of the whole—Mr. Woopsown in the chair, and resumed the considera- tion of the report of the Legislative committee. The question ' pending at the time of adjournment yesterday was on the striking out of the latter clause of the 31st section, all after the words “such law.” Mr. HARVEY advocated the motion to strike out, on the ground that the clause as it stood now would effectually deprive the State of the power to sell land for unpaid taxes. He contended that if this were done, the State would be deprived of one of her main sources of revenue; and of the only means of collecting taxes due by non-resident landholders. Mr. WILLIAMS followed in opposition to the motion. He thought that the introduction of the question of tax upon land, into the question was unnecessary and uncalled for. He thought the only proper question was, should the Legislature have power to pass laws whereby a man’s liberty or property could be taken away, without first obtaining for that law the sanction and approval of the judicial branch of the government. This was secured by the words “‘a trial of judgment,” now proposed to be stricken out. He then went into an elaborate discussion of the 316 ILLINOIS HISTORICAL COLLECTION nature and propriety of selling a man’s property ‘to pay thereon; thus depriving and disseizing a man of his freehold, wit out a (at and judgment of a court; which he said was in violatic of the great fundamental Uinehitten of our government. pointed out the great length the courts of Illinois had gone te sustaining tax titles, and the unjust and unrighteous consequent thereof upon the land owner. . Mr. LOGAN opposed not only the last clause, but the ne section. Its language was new, and unfamiliar to the courts ar to the people; it could not be so readily understood as the old, lo: known and sufficient language contained in the bill of rights. thought we would be going too far in thus binding and prohibiti the Legislature from doing anything which that section might construed to embrace. He then explained at some length, the clause SE to stricken out, and said that the words “the Legislature shall r pass any law whereby any person shall be depres of his might. be) by attachment. He argued for some time on the in convenience and disadvantages of such a law. He put this ca: among many others: that no man could be put in jail upon charge, and detained there for a moment, without depriving of his liberty. Now, the clause proposed to be stricken out, no man could be deprived of his liberty without a “‘trial an judgment;’’-and how, he asked, was this to be done. How coul a man have a “trial and judgment,” be tried and adjud unless he appear and be tried. He proposed that in the bi rights, and not in this article of the constitution, there shoul inserted the well known provision, found in all constitutions taken from Magna Charta, that “no man should be deprive his life, liberty, &c., unless by a trial of his peers and the la the land.” After entering into the bearing this clause had wi the question of a sale of land for unpaid taxes, he no that whole section be stricken out. , TUESDAY, JULY 6, 1847 317 _ Mr. PALMER of Macoupin was in favor of the section remaining as it had been reported by the committee. He thought a ‘that the provisions in the first part of the section, were wise, and F ‘should be adopted; and the mere fact of their not being in familiar inguage was not sufficient for him to vote against them. He in some other part of the constitution. Mr. DAVIS of Montgomery said that at first he was in favor _ how in opposition to that motion. He was wholly opposed to ' striking out the first part of the section, where it prohibits the "suspension of general laws for the benefit and convenience of private individuals; and put to the Convention an example of its operation. _- He said the Legislature had been for many sessions beset by appli- _ cations for extension of time to sheriffs and collectors, in which to make their returns. In one case in his county the time had been extended to a sheriff, and that extension had released his sureties, and now the same man was more unable to account with the State, than he was at the time of the suspension. He was also opposed to the passage of any special law, suspending general laws for the benefit of any individual. He did not care much whether the provision should be retained in this article, but he desired it should _ be somewhere in the constitution. * Mr. WEAD said, that he had known for years, and had heard _ and witnessed much of the extraordinary ingenuity of the gentle- _ man from Sangamon, and the influence he exerted over men’s _ minds by his perseverance and ingenuity where he had some particular object to carry. He never dreamed that any member __ of the Convention could be induced to reject the section, until he heard the argument of that gentleman, and remembered his great talent in carrying out his views, and accomplishing what he under- _ takes by special and ingenious argument. He says that this pro- vision is contained in new language and difficult to understand; that it will lead to confusion and chaos in the interpretation of it __ by courts of law; that it cannot be comprehended unless it shall _ be passed on by courts of law. Mr. W. read the clause: “Shall 318: ILLINOIS HISTORICAL COLLECTI not suspend any general law for the benefit of any parti individual.’’ Cannot this be understood by any man? Doe require a court of justice to pass on this to enable the gentlema from Sangamon to understand it? We all know the gentleman ability to comprehend such things, and measuring this langu by the gentleman’s ability to understand, must we not believe that he can understand it without the aid of a court of justice We must come to that conclusion. Now, sir, if he can and do understand its meaning, and advocates that it be stricken ou should we not infer that he is opposed to the restriction, and 1 favor of granting the power to the Legislature to create lav bestowing this evil of special privileges? Does he understand th clause, or is he in favor of granting the power? On which hor of the dilemma is he? Mr. W. read the next clause: “Nor to pass any law for the benefit of individuals inconsistent with the | laws of the land.” Is there anything in this difficult to be undet- stood? Cannot the gentleman from Sangamon understand thi plain language of that clause, or is he in favor of leaving with the - Legislature the power which this clause prohibits? What is it ; but a prohibition against the granting to one man privileges and — powers not conferred or enjoyed by all. The same argument will apply to the whole of the first part of the section. He then came to the last part of the section: “Nor shall the Legislature pas K any law whereby any person shall be deprived of his life, liberty r property or franchises, without trial and judgment.” heard the able and ingenious argument of the gentleman agai this section, and upon its effect upon the titles to land derr under tax sales, and notwithstanding their ability, &c. he wo attempt to answer them. He said that in other States it been over and again decided that no man should be disseized of h freehold and his land sold except on a judgment of law; that t had decided that no land should be sold for non-payment of taxes ~ except on a judgment. But the supreme court of Illinois | decided otherwise. Here was a great difference in opinion upo great principle of right, and in judicial interpretation of the pox TUESDAY, JULY 6, 1847 319 a view to preserve, inviolate, the right of property. It is said that the question is, shall land be sold for taxes or not? That, said Mr. W., is not the question. If I understand the provision now before us, or the views of the honorable author of it, the question is, shall land be sold for taxes without having first a judgment? _ Mr. W. then went into an inquiry of the nature of the titles by which the greater part of the land in the military tract were held, and advocated the adoption of the clause proposed to be stricken out, because it would require a judgment before a sale of property. He cited several cases showing where this provision would operate advantageously.—Without concluding, he gave way to a motion that the committee rise. The committee rose, reported progress and asked leave to sit again. : The Convention then, on motion, adjourned till 3 p. m. AFTERNOON The Convention met, no quorum appearing, on motion, a call of the Convention was ordered. After a quorum appeared and further proceedings were dispensed with, Mr. MARKLEY moved the Convention resolve itself into committee of the whole—Mr. Woopson in the chair, and resumed the consideration of the report of the committee on the Legislative Department. Mr. WEAD resumed his remarks. He denied that it would be more difficult to overturn or set aside a deed given under a sale _ after judgment, than it would be under a deed without a judgment, and as had been previously the case in this State. He proceeded to give a history of the various laws passed by the Legislature in relation to taxes. In 1823 the first law was passed for the sale of land for taxes. It required that, before the sale, they should be advertised, and then the Auditor might go on and sell them without any judgment. That law said the Auditor’s deed should convey a perfect title to the purchaser, no matter how it had been adver- tised, or whether anything had been done according to law. The deed was sufficient—it conveyed a perfect title. In 1827 this law was changed. It required the land to be advertised in a particular manner, but when the Auditor gave a deed, it vested in the tax payer without any trial or judgment. Our courts a formly decided that the mere deed shall be full and conclu evidence of title, without requiring any proof of the exe of the deed, or of any of the pre-requisite facts, mentioned Pee &c. And in 1839 the legislature passed a 10% s that a judgment should be had before a sale of a man’s prop But our supreme court said, that the provision, said to be in t Magna Charta, did not apply to such cases, as the deed w patent. Mr. W. then read from the law of 1839, the various | which the tax deed shall be conclusive evidence of, and throw upon the man claiming the property under the original ie necessity and difficulty of disproving them. This latter he cor tended it was almost impossible to accomplish, in consequenc no records being kept by the officers, of those transactions, neces for him to make out his case. He contended that the po all legislation in this State, from 1823, had been to make deeds the strongest kind of titles, and conclusive evidence facts necessary to establish them. But the supreme court had length decided that.a judgment was necessary, and then a law ve passed requiring a judgment. ; Before this law the deed of the Auditor was omnipo changed a man’s property at once; now you must first - judgment and an execution. It was to secure this, tha present provision was inserted; strike it out and you take ay last safeguard a man has over his property. In the ct Mr. W’.s remarks, he replied to the argument of Mr. argued by Mr. L. Mr. Logan repeated his former views of the question i in TUESDAY, JULY 6, 1847 321 bearings upon the tax question, and deprecated too much action _ on the part of the Convention in providing a remedy and a pro- hibition for every imaginary evil. He thought, as has been said, _ that all the wisdom of the State had not been exhausted in forming _ that Convention, and that we should trust much to the discretion and judgment of the Legislatures to come after us. He thought that while we were complaining so much of too much legislation, there was also a danger of our performing too much constitutioning. He said the present provision was in the words “trial and judg- ment,” which were very different in their import and effect from the former and well known phrase—“trial by his peers and the law of the land:’ and he argued at length that the words “law of the land” should be inserted after the clause as it now stood; or, if the clause were stricken out, that those words, with such other provisions as might be deemed necessary, should be inserted in the bill of rights. He objected to a prohibition being inserted in the constitution restraining the Legislature from suspending any general law for the benefit of private individuals. He had voted for suspending such laws in more instances than one; and if such cases should arise again, and he denied that he could say they would not, he would always vote for it. He alluded to the cases where the whole American bottom was overflowed by the great freshet in ’44, and when the people of that section of the country lost everything they had, or only secured so much as to enable them to live till such time as they could regain in some measure the means of subsistence, then the sheriffs of those counties applied to the Legislature for an extension of their time for making their returns, because they could not, in many cases, collect taxes without seizing upon what little had been spared the people by the flood. The Legislature had suspended the law upon these circumstances, he had voted for it, and would any man in the Convention oppose it, or refuse to grant an extension of the time under such terrible and afflicting circumstances? He had also voted for an extension of time to collectors and sheriffs when the offices in which their books and accounts had been kept were destroyed by fire, and they were unable to account with the Audi- tor. He pointed out that under this section no charters could be granted to individuals to construct railroads or any other kind of 322: ILLINOIS HISTORICAL COLLECTIONS improvement, for if they did it was conferring upon age persons” chartered privileges which other persons did not enjoy.*° ta Mr. PALMER of Macoupin said he could not see the: great { difficulties in this section which had been pointed out by the gentlemen, and which they had discovered to be so alarming. an The language appeared plain to him and not in anyway to be — misunderstood. It was a prohibition against special laws and a suspension of general laws for the benefit of particular individuals. He thought the cases mentioned by the gentleman last up—the cases of the flood—and of fire, might be provided for by a general law, giving the Legislature a power under certain circumstances | which would enable them to meet these cases. It had been said that this prohibition would put an end to all railroads bein constructed by private individuals. Now, when an object can be obtained by a general law, as well as by special laws, general laws should be adopted. Suppose a law be passed that A. and B. shall — have the privilege of constructing a railroad from Alton to Spring-_ field, it is a special law, and the same object can be obtained by a ~ general law, that any person may construct that road, thu bringing all persons who have the means of bringing themselves within the provisions of the law, into competition and permitting them to make the road. Mr. THOMAS. Will the gentleman show me how a man can, 4 under a general law, obtain an exclusive privilege? be. Mr. PALMER. Suppose the gentleman and I are desirous: y to have a certain quarter section of land, and we both start to. night to Edwardsville for that purpose; I arrive there first an ‘have the land entered in my name. I thus, under a general law ~ obtain a peculiar special privilege and right in that land, to the exclusion of every one else. I hope the gentleman considers himself answered. I obtain this right under no special act, but simply from superiority of speed with which I started. This same rule, if applied to railroads, would be found to act as well; for it ‘4 would then enable every man, with means, to enter into the business. ; Mr. WILLIAMS made some remarks in reply to shiek had M is a 309A longer account of Logan’s speech may be found in the Sangamo Journal, July 15. i, : 4 A a : TUESDAY, JULY 6, 1847 323 the retention of the last clause. He also alluded further to the question. The question was then taken on the motion to strike out the whole question, and decided in the negative. The question was taken on the motion to strike out the last _ section, and decided in the negative. Mr. WILLIAMS moved to add to the section the following a words: “in court, provided nothing herein contained shall prevent the passage of any law for seizing and holding persons or property by mesne process until such trial can be had.” Mr. HARVEY moved to insert after the words “trial and _ judgment” the words “‘or law of the land.’’ And the question _ being taken on the last amendment, it was decided in the negative —yeas 46, nays 63. Mr. THORNTON moved to insert after the word “law” where it last occurs, “provided the General Assembly shall have power to grant such charters of corporation as they deem expedient, and not prohibited.” ; And the question was taken on Mr. WittiaMs’ amendment, __ and it was decided in the affirmative. Mr. MARKLEY moved that the committee rise. Carried. The committee rose, reported progress and had leave to sit again. Mr. LOGAN asked leave for the ladies of the Episcopal church of this city to occupy the Senate chamber on Thursday next. Granted. The Convention, on a adjourned till to-morrow, at g A. M. XXV. WEDNESDAY, JULY 7, 1847 Prayer by Rev. Mr. Hate. Mr. CROSS of Winnebago presented a petition praying the appointment of a superintendent of common schools. Referred to the committee on Education. Mr. HOLMES presented a report from the minority of he committee on Military Affairs; read, laid on the table and 200° copies ordered to be printed. Mr. LOGAN moved the Convention resolve itself into com- mittee of the whole. And the Convention went into a committee of the whole, and took up the report of the committee on the Legislative Department—Mr. Woopson in the chair. Mr. DAVIS of McLean moved to strike out all after the word “‘to,”’ where it first occurs in the section, to the word “pass,” where it occurs last. : Mr. LOGAN said, he would be glad if some member of the © 4 y committee who had reported this section would explain the meaning of the words “‘nor to pass any law granting to any indi- _ § p y § § WA viduals rights, privileges, immunities or exemptions other than such as may be, by the same law, extended to any member of the ~ 7 community who may be able to bring himself within fen provisions — of such law.” Mr. SCATES said, that he would state ae his BL Eh: ; standing of the language was. Suppose a railroad was wanted — from Alton to the Indiana line, and the Legislature should pass a bas <6 ile general law authorizing the same, but requiring that a subscription should be opened and let every man subscribe to the stock who had the means. This would be a law open in its privileges to all who had the means of bringing themselves within the provisions of the law, and not a special charter to a few individuals. The language of the section is to prohibit special acts of incorporations. If gentlemen will understand it all, it means then all these things are to be accomplished by general laws, instead of special acts of legislation. He was not opposed to the Legislature passing laws 324 WEDNESDAY, JULY 7, 1847 325 allowing persons to make roads or canals, but he wanted those laws to be general in their nature and not special. He alluded at some length to the great cost which it had been to the State in consequence of these acts of special legislation being continually before the Legislature and the great amount of time wasted in their deliberation. Mr. LOGAN thought it meant no such thing. He thought it offered no check to special charters of incorporation by the Legis- lature. As to the case of the railroad subscription, that case did not come under the language of this section, for if a charter of in- corporation, granting certain rights, privileges and immunities to those who subscribe, were passed by the Legislature, those only then who first subscribed, would be entitled to the rights, benefits &c., for no one else can bring themselves within the provisions of the law after the stock is taken. Does this prevent special charters? Suppose the Legislature should grant an act of incor- poration to the Chairman and Judge Scates, to make a road—no one can bring himself within the provisions of the law, but those two; it is then left with the Legislature to say who shall bring themselves “within the provisions of the law.” This would be nothing more than a special act of incorporation. He did not desire this kind of provision, if gentlemen desired that no special charters should be granted, why not say so plainly, in language which every man could understand; and leave out these ambiguous terms. Mr. DAVIS of McLean said, he had made the motion to strike out for a two-fold purpose. No one could foresee the great diffi- culties which this ambiguous language contained in this section would cause hereafter, and would throw in the way of private relief, in meritorious cases, by the Legislature. The case men- tioned yesterday of the suspension of the time for a sheriff’s return in consequence of the great freshet in ’44 was conclusive to his mind, and should be so to all. He objected to the binding down of the Legislature by constitutional provisions, against granting any relief from a general law in meritorious cases. He protested against the wholesale abuse that gentlemen were con- tinually throwing upon the past legislatures of the country. They, it might be, had done wrong, but they were not to blame, they 326 ‘ILLINOIS HISTORICAL COLLECTIONS _ represented public opinion and were driven by the force of that — public opinion into what they had done. He did not desire to see — incorporated into the constitution any provision which shall require _ legislation and judicial interpretation upon it. If gentlemen desired to say that no special charters should be granted, let them come out and gay so in terms that any man can understand. uectlens except the words “such as may be able to bring thea selves within the provisions of the general law;” for he did not believe there was a man in the State who was unable to avail him- ~ self of the privileges of a general law. Gentlemen saw something important in this provision; it was full of meaning. Why should a ‘ general law be suspended for the benefit of a private indie inate was left to the Legislature. They say this provision will weal ah the making of any more rai/roads through the State! lathe 4 think and feel that this provision will act on their favorite—the 4 bank question! And so it does, sir; and for that very reason I will — vote against striking out. This section is full of meaning. Sup- pose we reverse its language, and let it read, the Legislature shall — have power to suspend general laws for the benefit of private — individuals. It would then be easily understood by the cen and it may be as easily understood in its present shape. He said, > it interfered with the primary arrest of persons charged with crime, &c., but as that had been amended he would vote for it. Mr. SCATES still could not see any objections to the section, — as had been argued by the gentlemen. If those gentlemen who think it does not prevent special charters and special legislation would vote for it he would be satisfied. The cases put yesterday, where a suspension had been made, could be provided for in ~~ another section; they could insert a power in the constitution, that the Legislature could, in case of the destruction of a sheriff’s books by fire, extend the time for that officer’s accounting, to the next session of the Legislature. He pointed out many cases where losses had occurred by an extension of time to these officers, and the releasing thereby of their sureties. He objected to the many WEDNESDAY, JULY 7, 1847 327 ae reprimands that had been delivered to him in consequence of his _ having spoken of the evils of past legislation, and because he had . endeavored to have adopted certain necessary remedies of the _ evil, and guards against a recurrence of it. The people had called this Convention to remedy that evil, and their representatives _ should be heeded when they asked that these things should be done. If everything was to be left open for the patriotism, dis-_ cretion, and purity of future legislatures, it would be better to have __noconstitution. But the people required a constitution and that in it the powers of the Legislature should be limited, and the evils of past legislation remedied. Mr. DAVIS of Massac said, that various opinions had been _ expressed as to the meaning and proper interpretation of these "provisions in this section. He was firmly of the opinion that nothing contained in it prohibited, but authorized, a general _ banking system, and this he was sure was not contemplated by the gentleman from Jefferson. Mr. SCATES said, that he supposed there would be other provisions in the constitution upon the subject of banks, and had no thought of it in respect to this section. Mr. DAVIS. It is thought by many that these provisions will restrain the acts of the Legislature, and to prevent the General Assembly from passing acts which tend to impair the public good. He did not entertain a doubt but that they authorized a general banking system, and that every man who could bring himselt within the provisions of the law, will be entitled to enter into that _ system. If he thought it would prohibit such a thing he would vote for it; but believing that it would allow that system, he would _ vote against it and for striking it out. He was extremely sorry . to differ from the gentleman from Jefferson, but he felt satisfied that if that gentleman would give the subject some consideration -- and mature reflection, he would come to the same conclusion. He was in favor of a single, plain provision, that the Legislature should grant no special charters or acts of incorporation, and would prefer it to one which will lead to so much difficulty, debate, and strife, as this provision would when it came to be acted on by the Legis- lature.—He had a different opinion in relation to the duties and objects of this Convention than that entertained by some gentle- ned Re | wes “te y 328 ILLINOIS HISTORICAL COLLECTIONS men. He thought they had not come there for the sole purpose of saving a few dollars, but for the nobler and higher object of making an organic law of the land, which was to govern the peop and secure them the greatest prosperity. Government should be so established as to give it the power to do everything necessar for the public good; and he thought we should not restrict the ~ Legislature within limits too narrow to enable them in all cases to act for the good of all the people. He had no doubt but that this provision will authorize general banking throughout the State; he was satisfied that this will be the undoubted and a enene common sense—interpretation : that will be placed upon it. Is the gentleman from Jefferson — ready to go for it after having declared banks of every description 4 a curse upon the land? He thought that when gentlemen under-_ stood this, the provision would not have so many advocates. q He asked, is it prudent to divest the Legislature of all power? ¥ He thought more evil would result from this prohibition, than | ' would if the whole matter was left open. He explained the forcel of it, under the interpretation which he said would certainly be \ placed upon it, to be: A and B are authorized to bank, &c., and any man who can bring himself within the provisions of the ithe is-f authorized to carry on banking, this would be the sure and positive result. Is there anything in this section providing that A and B shall not be incorporated? Not a word. Again, any man who ~ can subscribe to stock in a railroad company, brings himself — within the provisions of the law, and there is no preventive against such incorporations, and thus are brought about the very conse- quences which the gentleman from Jefferson has opposed, and ~ again will the prosperity of the State be blasted and destroyed.— ~ It was his serious conviction that it would be better to leave the ~ constitution as it is, than to have any provision which will author- ize a general banking system, allowing the creation of these monsters all over the State, leaving its impress on the prosperity — of the people forever.*! Mr. WILLIAMS said, he was not present at the meeting of the committee when the section now before the Convention was 3A longer account of ie ea by Davis (of Massac) may be oa in the Sangamo Journal, July 15 SS ee Oe ee WEDNESDAY, JULY 7, 1847 329 _ adopted. He felt more interest in the principle contained in the - last clause, and in committee he brought it forward, and the _ committee tacked it on the end of the section. That matter having been settled, he thought that the first provisions of the a section ought to be stricken out. It would be remembered that __ hehad not advocated the first part of the section, but had confined ’ himself to the latter clause. Let those, said he, who are in favor of such a provision and prohibition go to work and make up some- _ thing and have it inserted, in some less ambiguous terms, in the _ bill of rights, or some other part of the constitution; and not have this section burdened with language and provisions so ambiguous in their expression as to lead to much difficulty hereafter, and to so many different interpretations. Mr. POWERS said, he was a member of the committee, and Was present when this part of the section was adopted. The committee thought it proper to guard against a suspension of general laws for the benefit of private individuals; but for one, he was satisfied that the case mentioned yesterday by the gentleman from Sangamon, in relation to the suspension in favor of the sheriffs of that part of the State which had suffered so much from the great rise in the river, showed conclusively that cases might _ arise when such suspensions would be just and proper. He did not see, however, that under the second provision of the section that the Legislature would have the power to authorize general banking. That provision, in his opinion, would defeat all special charters; and if any doubt was entertained the other provisions in the constitution, in relation to that subject, would settle the matter. Mr. HARVEY said, that on yesterday he was in favor of the first part of the section, but now he was ready to vote against all of it, and would state his reasons. There were many in the Con- vention who were in favor of a prohibition against banks, to be inserted in the constitution. Now, if he understood the gentleman from Massac, general banking might be established under this section, and for that reason he would vote against the section. If he (Mr.H.) wasin favor of a general banking system he would vote against the section, and if opposed to such a system he would vote against the section. It was too ambiguous and indefinite, POS dak cae _ this sentence, and therefore thinks no one else can unders the principle be stated plainly, and not shelter the apse yeh a provision couched in ambiguous language. The prohibi and the anti-prohibitionist, each, see their object in this se it blows hot, and it blows cold, Brit he thought that it would found to blow neither. Now, if this section came to be pas: od by the judiciary what would be the decision? If the gentlen from Jefferson was the judge of the supreme court, we should f a total prohibition interpretation; if the gentleman from Sangan was the judge, we would have a general banking interpretati for he believed that both of these gentlemen have one a true opinions on the subject. a man to establish a ferry on our rivers, because every man h: not the same right; and he asked, were they prepared to say should have no ferries because their owners enjoyed rights enjoyed by all? Mr. SERVANT was of opinion that this provision wa ; little understood, either by its friends or opponents, and it minded him of an anecdote told of an Irishman, who was as! what was the meaning of metaphysics. He replied, “whe: tion to the provision was its ambiguity. So far as tha concerned he thought it plain enough to be understood by any o who was disposed to do so, and he would say to the gent from Knox that he, hor any of those “fifty-eight” with whor fight behind any ambiguity; they sought no cowardly 1 me accomplish their ends; they desired to fight no bush fight. the gentleman’s position could be compared with that of a who came into town one day, very drunk, and sat down in street, declaring that the whole town was drunk and he only sobs so with the gentleman from Knox, he cannot see the meant: it. He thinks everybody else is drunk and does not see hi WEDNESDAY, JULY 7, 1847 331 1 some other part of fg constitution, im some other section, be inserted a aries. in relation to incorporations; and tha ‘express provision on i particular subject? It is a well lished legal rule, that where there is any provision in a law and plain upon any particular subject, that any other section, a, if it stood alone, might have a bearing upon that subject, mot affect the question as settled in the section upon the ar subject. Now, the questions of ferries and banks, if we de for them specially, will not in any way be affected by any mg this section may have upon those subjects. Again, spose we say that nothing contained in this section shall have reference to the subject of banks or ferries, would it not be mitted that such a declaration would obviate the difficulty? fell, if a well established legal principle of interpretation las the same effect, then the objections of the gentleman from jox, from Massac, and from Sangamon and other objectors fall the ground. The gentleman from Randolph has, as we some- aes say, taken water; he says this section may be perverted to t purposes than intended by the committee or the Convention. = committee who reported this section, knew that the subjects Masks and incorporations had been referred to another com- ere. and supposed that a provision would be reported to be srted in the constitution, which wouldsettle the matter. Mr. P. again repeated that the “fifty-eight,” were no bush fighters, and u _ would be found ready to meet their opponents on the subject of banks, in a fair and open field. : ‘eg LOGAN said, he had taken the meaning he placed on eK provisions from the gentleman from Jefferson, who said it was to prevent special charters; but it appeared that even the friends of the section were not of one opinion as to its meaning. me ‘He said he believed the interpretation of the gentleman from -Macoupin was the correct one. But there was no general law os would not have to be suspended in some cases, or acts should “ae passed which would protect certain persons; for instance, the Judges of our courts should be privileged from arrest, the members 332 ‘ILLINOIS HISTORICAL COLLECTI NS of the Lesa jurors and witnesses, while in atten should be privileged from arrest. These persons all en rights, privileges and immunities not enjoyed by the res community. Would any man be in favor of depriving thos arrested and taken away, and a man might lose his case in. quence. These were cases, and there were many others > this section did not provide for, and which would be defeated it allowed to pass. Mr. SCATES explained vies his interpretation of the si was—to prevent special legislation—and renewed his oprs to the motion to strike out. Mr. KNOWLTON said, he was sick of this 31st section. had heard all that had been said upon it and his opinions hac been changed in anywise. He did not understand the secti first nor did he now. Organic law should be plain in its provisi so plain that all might understand it clearly; there should ambiguity in its language. If the object was to prevent s legislation, let the section read—“‘there shall be no special tion” and then we would know what we were speaking abo 1 The gentleman from Macoupin was uncharitable to those ~ could not comprehend this section, and he had compared tl with the drunken man who thought all others were drunk and - e alone sober. He (Mr. K.) would inform the gentlemen that if. th were drunk on this question they had used a little better 4 ic than had John Thompson. Mr. THORNTON withdrew his amendment. ~ [Mr. EDWARDS of Sangamon said that his desire w avoid all i inconsistency, and to prevent the possibility of any by the proposition which he had Sncnded to offer. [Mr. Edw: read the proposition referred to.] His proposition was en different, he said, from the one now under consideration. I vided that no charter of incorporation should be granted, ne private act passed, when the object could be as well attained | WEDNESDAY, JULY 7, 1847 333 f , te general law. And the proposition went on to provide that no private act should be passed at the expense of the State. He held that there had been an abuse of this power on the part of the legis- _ lature, and he thought that the exercise of the power ought to be restrained. It was true that it would have to be left to the dis- cretion of the legislature to say what should be considered to be an act of public necessity, requiring special legislation, as in the regulation of the police of towns, which was now a custom to be provided for by general enactment. It had been very properly ‘said, that it was necessary to restrain legislation in regard to private enactments. Nine-tenths of the laws at present passed by the legislature, were purely private acts, in which the people at large had no interest. His resolution provided that in case of the application for the passage of a private act, all the expenses attending it should be borne by the party for whose benefit it was intended.|*” Mr. CALDWELL moved to strike out all between the word “exemptions” and the word “nor,” in the last sentence, and to insert after the word “pass,” “any special or private.” Mr. HAYES thought the question, as it presented itself on these two last amendments, was open for a better discussion than at any time before, and he hoped gentlemen would express their views upon it. The question was taken on the motion to insert, and decided in the negative; the motion to strike out was also decided in the negative. The question then was on the motion to strike out the whole of the section except part of the last sentence, as made by the gentleman from McLean, and being taken separately on each paragraph, was decided in the affirmative. Mr. GEDDES moved the committee rise. Lost. Mr. WILLIAMS moved to add to the section, “‘or for collecting taxes by distress and sale‘of personal’ propery without judgment.” Carried. Mr. HOGUE moved to strike out the whole section as it now stood; pending which motion, the committee rose, reported * This insertion is taken from the Sangamo Journal, July 15. 334 ‘ILLINOIS HISTORICAL COLLE( &c., and had leave to sit again. And then on moti tion adjourned to 3 p. m. R. AFTERNOON Mr. Z. CASEY offered the following resolution: Resolved, That this Convention will adjourn sine ee poe 3 Ist inst. tee of the whole; decided in the affirmative an ee Cone resolved itself into committee of the whole—Mr. Woopson chair, resumed the consideration of the 31st section of the | Ye of the Legislative committee. ; Mr. LOGAN said as this section was a pet ee his. fried Adams, who was sick, he hoped it would be laid aside fe present. Agreed to. Sec. 32. In the year one thousand eight hawdted an fe five, and every tenth year thereafter, an enumeration of a white inhabitants of this State shall be made, in such manne! shall be directed by law; and the number of senators and 1 re or districts to be established by law, according to the nu white inhabitants. vie Mr. MARKLEY moved to amend by inserting after the we “law,” where it first occurs, the following: year thereafter, the census taken by authority of hi tie of the United States, may be adopted by the General a the enumeration of this State. Mr. EDWARDS of Sangamon offered the allowing substitute: made according to the census, which may be ai of Congress, next preceding the making such apporti among the several counties or districts to be established b in ae to the number of white inhabitants. Rae _ WEDNESDAY, JULY 7, 1847 335 2 to those counties whose population was increasing, yocated the amendment first proposed. question was taken on we substitute, and the same was ‘WILLIAMS suggested that under the proposed amend- a extra session of the Legislature must be called to appor- at and Barremeaic districts shall be composed of as territory, bounded by county lines, and only one allowed to each senatorial, and not more than three nta atives to any one cee district; Provided, that in a Boies. bat the ratio of cquteeutivies in cae towns shall be equal to one and a half of that required for and not more than two Representatives shall be allowed rt. NORTHCOTT moved tostrike out “three,” in the pro- section, and insert “one.” Lost. question was then taken on the section, to the word ;” and it was adopted—yeas 79, nays 40. -MINSHALL moved to strike out “and town,” in the pa of the section. Lost. And the question being > forming senatorial and representative districts, counties taining a m of not more than one-fourth over the cist NORM enh soparace districts and the excess shall rt gs computed, but shall be added together and given to such seni or counties in the same judicial circuit not having a 336 ILLINOIS HISTORICAL COLLECTIONS Senator or Representative as the case may be, which has largest white population. Mr. HARDING offered the following as a substitute: ; Whenever a county shall be entitled to a separate Senator or Representative, and has an excess of population over the existing ‘ ratio, such excess, unless it amounts to more than one-fourth of such ratio, shall be disregarded; and whenever a county has two Representatives, and has an excess, such excess, unless it amounts" f to more than one-half the existing ratio, shall be disregarded. a Mr. HAYES opposed the substitute as unjust, atrocious and — unfair in its provisions, and as depriving one portion of the people of the right of representation. He opposed any arbitrary rule, which would restrain the people in having their most sacred right of representation, and throw away in the apportionment a large body of the people. | Mr. LOGAN advocated the adoption of the substitute, which although it might deprive a fraction of the people of a represen- tative, it would also prevent any apportionment for party purposes, — by the dominant party in the Legislature. He alluded to the apportionment made by the Legislature in 1840, when counties in — reference to the state of parties had been tacked together, for the ~ purposes of securing a political majority. He cited several cases — of this kind, particularly the joining of Randolph and Monrc counties. . Mr. CALDWELL moved to lay the subsea on the table. 4 The CHAIR decided the motion out of order. Pe, a Mr. CALDWELL said, he would vote against the propositior ad and the substitute because he deemed them unjust and oppressive. — Unjust because it deprived a part of the people of the right representation, and of a sacred franchise. ; Mr. SERVANT advocated the substitute, as it prevented s su iniquitous and atracious apportionment as had been made by Legislature in 1840. He alluded to the case of attaching Randol and Monroe, which had been put into one district, for par purposes; and that democrats had acknowledged that such was — the object. ee Mr. HAYES. The secret is out. The object of this rule has — been divulged—it is the welfare of the universal whig party! If 4 WEDNESDAY, JULY 7, 1847 337 ‘ that apportionment was iniquitous, it was in the power of the ‘Legislature to alter and change it. Mr. H. pursued the subject % at some length, and alluded to the fact, that a few days ago the _ gentlemen were loud in their condemnation of party spirit in the ir ‘Convention, and that they desired it should be dispersed, like the _ mists of morning before the rising sun. But now their song had \* changed, and their object was to secure whig representatives in the Legislature, which might be defeated if this rule was not _ adopted—Mr. H. argued at some length on the subject, and in ‘opposition to a rule which had been admitted to be unjust and unfair. _ The discussion was continued by Messrs. Davis of Mont- _gomery, TuRNBULL, GeDDES, and Locav, in favor of the substitute, and in disclaiming for their party, the introduction of party spirit; and by Messrs. Brockman, Davis of Massac and Hayes, in reply. Mr. PALMER of Macoupin agreed with the gentleman from Sangamon, that it was right to restrain a dominant party from doing evil, but he differed from him in the mode of so doing. Not one of the advocates of the rule insisted that the principle contained in it was just or correct; they did not deny that it will disfranchise part of the people. He had illustrated this same thing a few days ago, when the same principle was before them, by showing that a county might lack one vote, or a fourth of the fraction, and thus lose its representation. The gentlemen from Sangamon and Morgan this morning were in favor of leaving the legislature unrestrained—of giving them full rope, but now they introduce a proposition which they acknowledge is based on a false principle, and desire that it be incorporated into the Constitution, which will prevent the Legislature from so appor- tioning the State as to give all the people a representation. Mr. POWERS moved the committee rise and report progress. Carried. The committee had leave to sit again; and then, on motion, the Convention adjourned. La et pf. ee Register) in favor of the poll tax—for he took ground in its die PNK MG ene, XXVI. THURSDAY, JULY 8, 1847 — Prayer by the Rev. Mr. Barcer. PERSONAL Mr. HAYES said, He Mr. President, I would ask the attention of the Conventi misrepresentation. I find in the Shawneetown Gazette, of the 3oth of he letter, dated June 17th, 1847, which is known to have be written by one of the editors of that paper, occupying a seat « this floor by the courtesy of the Convention. In that pie besides some comments which I do not purpose to notice at time, I find the following passages: “I must, Hisar, a Mr. Hayes the advantage of one remark which he made duri the course of his speech (which you wil! see reported in th But having gone thus far in approving the effort itself, let me now introduce for your reflection, one sentiment with which | ornamented it. In advancing the opinion that the people of Illinois were willing and disposed to pay the tax, he thought it was n oppressive upon the poor—the poorer classes owed it as a duty their government to submit to this tax—hey now paid no tax support the government, (the rich paid it all)—and they ( poor) were therefore a parsimony upon the bounty of the rich.” much of this letter as purports to be a report of the remarks w I made upon the poll tax, is an entire misrepresentation, both my language and its spirit. I did not discriminate invidious between different portions of our people. I did not say, “the (the poor) now paid no tax to support the government, the rich paid it all.”’ I did not use the language, printed in italics, “ (the poor) were, therefore, a parsimony upon the bounty of the rich.’ Nor did I use any expression which could be construed — into such ridiculous nonsense. The obvious effect of this letter is 338 THURSDAY, JULY 8, 1847 339 to create the impression that my speech was an abusive harangue _ against poor men. It is true I have never played the demagogue or claimed to be __ the especial champion of the poor, either on this floor or elsewhere; _ but i submit it to every member of this Convention whether I have at any time ridiculed poverty. I have experienced its dis- _ tresses, and know how to sympathize with those who suffer them, _ and would be the last to say anything in disparagement of them. Mr. DAVIS of Montgomery said, that in that paper—the Shawneetown Gazette—there had appeared an article in relation _ to himself; though he cared nothing for what was said in any paper, he took occasion to say, that the article alluded to was unqualifiedly, prematured and basely false, in every part, from beginning to end. The reading of the newspaper article was called for by many members, and was read by thesecretary. It consisted of a number of letters, purporting to give an account of the proceedings of the Convention. After the reading, Mr. DAVIS of Massac said, that he had risen not only to complain of the injustice of that report in relation to himself, in the misstatement it contained in reference to what he had said on the subject of a poll tax, but of some things said in it which re- flected on the character of this body, and which might require some action on the part of the Convention. He said, that the remarks made by him on the question of a poll tax were misrepre- sented, wholly misrepresented, by that reporter. Mr. KNOWLTON said, that he desired to say a few words in relation to this matter. In the preceding number of that paper just read he had come in for a larger share of abuse than had been dealt out to any other member. The reporter had represented him as saying that the heroes who had fought from Bunker Hill to Yorktown never murmured at taxation, with some comments upon my knowledge of history and acquaintance with dictionaries and Murray’s grammar. He would say to that man, whose form he had seen moving about the hall, that there was one book which he (the reporter) had never opened, and that book was the history of truth, that to him was a sealed book, the language therein was to him unknown! Mr. K. cared nothing about what a man writes 340 i LLI Nol S HISTORICAL COLLECTI IONS into the papers at his home, te thought his friends Eneyr enou gh of him to disregard them; and he would have said nothing no unless this subject had Bee introduced, and because he thought t this due to set himself right i in the eyes of strangers. Any man. who is permitted to sit in this hall, and states in regard to the ~ members what is false, basely, maliciously false, and then turns ‘round and attacks the Convention as a body, is unworthy to be allowed here, and almost too low to notice. a I would say to that man, that when he advises the Convenes nm to adjourn to the other State house, twenty miles above St. Louis, Ri that it would be more proper for him to go there and engage in the works of that place, and give us the benefit of hisexample. = Mr. KITCHELL thought that the writer of those letters was _ unworthy of the least notice on the part of the Convention or of its members. mi Mr. CALDWELL rose to make an inquiry. He hotel ei * it was advisable that the name of the writer should be known. ~ ty had been said that he sits at a desk on this floor, and it is presumed do that his name is known to the President. y, No reply being made, the subject dropped. Mr. SERVANT presented a petition from a number of citizens of Kaskaskia, in relation to commons; referred to the select committee on that subject. f Mr. Z. CASEY, from the committee on the Revenue, to shoul 5) had been referred the communication of the Auditor and certain documents in relation to the amount of county revenue, & reported the same back, and asked to be discharged from t further consideration of the same. Agreed to, and laid on t table. ne Mr. PRATT offered as an additional rule—that no memb shall be allowed to speak on any one subject longer than 30 minu' at one time. A motion to lay it on the table was lost—yeas 3 and the question being taken on its adoption, it was decided ini the affirmative—yeas 84. wi Mr. MARKLEY moved to amend the 18th rule, by striki out that portion which allows members, in committee of the whole, to speak more than twice on any subject. After a short — THURSDAY, JULY 8, 1847 341 iy Miicbate, i in which Messrs. Pratt, MARKLEY, BRocKMAN, ALLEN, and Z. Casry advocated the motion, and Messrs. MINsHALL, _ Txompson, Hurzsut, CampBett of Jo Daviess, Davis of McLean, _ and Kinney of Bureau, opposed the motion, the question was _ taken by yeas and nays, and resulted—yeas 58, nays 78. [Mr. PRATT advocated its adoption. He was not disposed, he said, to place any improper restraint upon discussion, but he would suggest the fact that nearly two-thirds of the time in com- “mittee of the whole, was occupied by six or eight gentlemen, prompted apparently by an ambition to lead. There was no doubt whatever about the salutary nature of free and full discus- sion, but so far from having a free interchange of thoughts and opinions the debate as he had observed, was chiefly confined to a few gentlemen, to the exclusion of those who were less ambitious, but whose opinions he had no doubt, were of as much value as those which they were forced to hear so frequently reiterated. He thought that unless gentlemen who were so prominent in de- bate on all occasions had a greater fund of thought than had yet been developed they would experience no difficulty whatever in affording all the light, and in shedding all the intelligence which it was in their power to furnish upon any given subject, without speaking more than once. He trusted it would not be supposed that he offered these remarks in a censorious spirit, but he con- fessed that he had found it very irksome to listen to so many editions of the same speech, and in order to avoid, if possible, a repetition of the evil which he thought had become sufficiently apparent to all, he was in favor of the motion of the gentleman from Fulton. Mr. MINSHALL said, he was not a talking man himself, and was not much in favor of long speeches, at the same time he could not see that much advantage would result from the alteration of this rule. It was one which had been in practice he believed, from time immemorial, ever since anything like deliberative bodies had been known. If gentlemen were not disposed to listen to much speaking they might attain their object by refusing to go into committee of the whole. 342 ‘ILLINOIS HISTORICAL COLLECTIONS The debate was continued by Messrs. Bia of Nietood a, ALLEN, THompson, MARKLEy, Mason and Brockman. Mr. CAMPBELL of Jo Daviess said, he hoped the motion would not prevail; he was opposed to it for the same reason that he was opposed to the resolution which had been passed this morning limiting the duration of the speeches of delegates to thirty minutes each. He was opposed to it because he did no desire to see any innovation made upon the principles of par mentary law, which had been established and confirmed by wisdom and experience of ages. a Mr. DAVIS of McLean said, he believed the rule which ha d been adopted restricting the speeches of members to thirty min- utes, had passed without attracting the notice of the conventi generally. He was of opinion that if it had been reflected w it would not have been adopted. He did not suppose that would himself desire to occupy more than thirty minutes at ¢ time, but he protested against the assumption that no gentlem in the convention would need a longer time to express his vie upon certain subjects. There were subjects to be discussed w which some gentlemen were pre-eminently familiar; subjects - 0 which they had devoted their lives, and upon which they were ei qualified therefore to enlighten the convention; but it would be in vain to expect anything like a full elucidation of the subject’ the speaker was limited to thirty minutes. They were assemble for the purpose of consulting together upon the common good 4 of bringing their labors to a certain result, and before a sin article of the constitution had been adopted, before they had co pleted one solitary item of their work a proposition was introduced that the convention should adjourn in the space of about three weeks. He must be permitted to say that if a proposition of thi kind had come from a young man he would have considered the it had been brought forward for the purpose of making capital home, but coming as it did from a gentleman of established sta ing and reputation, a gentleman who held so large a share in estimation of the community as did the gentleman from Jefferson he could not of course suppose that it proceeded from any suc motive. Would it be within the range of possibility to get through ‘4 b it % i? os i THURSDAY, JULY 8, 1847 en 43 / in three weeks? He certainly thought it would not. The Louisi- “ana convention, consisting of seventy members, were engaged for - four months and a half in forming the constitution of that State. _ The New York convention was in session one hundred days, and they acknowledged that they had not time sufficient to perfect their work. He believed that if in three months time they suc- ceeded in framing a good constitution, it would be considered by everybody that they had done well; but if they adjourned within three weeks and made an imperfect constitution, as must nec- ‘essarily be the case, they would have done worse than nothing. The sessions of the legislature although they recurred every two years lasted three months, and yet this convention which was assembled for the purpose of forming an organic law to last for centuries, was expected to complete its work in a few weeks. He was opposed to all propositions to adjourn until they had finished the work which they came to perform. After some remarks from Mr. KINNEY of Bureau, _ Mr. Z. CASEY observed that he did not desire to continue this discussion, but merely to make a single remark in reply to the gentleman from McLean. He was sincerely desirous that the labors of the convention should merit and receive the approba- tion of their constituents, and in order that they might merit and receive that approbation, he thought they should be performed within a reasonable time. It seemed to him that it should be one object, at least with the convention, to do up the business for which they were assembled, within a reasonable time. He was inclined to the belief, and he thought that almost any gentleman would concur with him in this, that if the mode of discussion which had been hitherto pursued in this body, were to be continued through all the ramifications of the various subjects to be con- sidered, they would find themselves sitting for the next eighteen months. He was perfectly sincere when in offering the resolution yesterday upon the subject of adjournment, he had stated that before he had left home he believed the business of this conven- tion might be finished in six weeks. He was now convinced that it could not under two months; but he was inclined still to believe that if gentlemen would confine themsleves within reasonable bounds in debate, it could be concluded without exceeding two 344 ILLINOIS HISTORICAL COLLECTIONS — ( months. He would inform the gentleman from McLean that had no desire to act for bunkum. He had no future aspiratio here or elsewhere, to be gratified. He desired to see the conver tion form a constitution that would be acceptable to the people, an that would tell upon the future destinies of the State; but he was convinced that if they sat there for six months, engaged in this _ wild (perhaps he had better take that word back,)—in this wi range of debate that had been indulged in, he doubted very mu whether they would be able to succeed at all in accomplishing ths object for which they were assembled. He thought, therefore, 1 would be better that they should be confined to a reasonable tim for finishing the work; and he was convinced that in this way would be more satisfactorily accomplished. He, for one, was expediting the business of the convention, and in order to do this they, ought to limit the duration of the session to a reasonabl . time. /)° ae Mr. SINGLETON said he was opposed to any sue that would — restrict in any degree the expression of opinion : i ptnaidibe om to set asrule adopteds if)". 75.23.5/2 now in existence, whi. . . the ques-...-.-, admit, *... 0... beeasaurmaee onli sa Rhee He was for a full and free discussion. He had not come. hes ( the purpose of saving time. If that had been the object of th constituency of this body, they would have refrained from se ing them here. If time and expense were what they wanted to” economize, the convention would not have been called together: They had in view a higher purpose; they were assembled for the purpose of amending and improving the organic law of the Sta for the purpose of changing and improving their form of gove ment. This was a matter to be done with very great deliberation. He would ask if any gentleman would be prepared to decide upon | question from merely hearing it read at the clerk’s table? Some gentlemen after having expressed their own opinions, would n« doubt be quite willing that the question should be taken witho further debate; but he for one was not disposed to constitute him- _ self the judge as to when a question had been sufficiently debat the constituents of other gentlemen had reposed confidence in their discretion, and he might be permitted to say in their talking ~ a. _ powers, to do something for them—something to forward their * _ THURSDAY, JULY 8, 1847 345 _ views and to promote their interests, and he was not for depriving them of the opportunity of exercising these powers; and if it were to take until December, he was for giving to every member an opportunity to express his views upon every subject that was to be determined upon. He hoped the proposition would not be adopted.|** Mr. EDWARDS of Madison presented the following preamble and resolutions: Whereas, we have just learned, with deep emotion, that the remains of Col. J. J. Harpin and Capt. Jacos ZasBriskIE have reached St. Louis, and that preparations have been made to inter them with funeral honors at Jacksonville; and whereas, these events excite afresh the grief with which every heart was pene- trated when the mournful intelligence of their fall on the bloody field of Buena Vista was first spread among us; and whereas, it is the custom of all civilized nations to honor their illustrious dead, and especially those who have gallantly fought and [who] glo- riously fellin the service of their country; and whereas, it is deemed highly right and proper in itself, as well as promotive of the spirit which ought to animate a free people, that we should commemo- rate, if not by costly monuments, at least by a spontaneous ex- pression of feeling, the heroic deeds and manly virtues of the deceased; it is, therefore, by this Convention, Resolved, ‘That we do cordially sympathize with the friends and families of the slain, who, by this awful visitation, have sustained a loss which all the honors of the world cannot deprive of its bitterness. Resolved, That we sincerely mourn the loss of the State, in the death of Harpin, ZABRISKIE, HoucuTon, and others who have so largely contributed to the lustre of her arms and the glory of her name. Resolved, That in the death of Col. Harptn, we sincerely mourn the loss sustained by the State, in being deprived of a citizen who has deservedly acquired the affections of the people, and a states- 38 This insertion is taken from the Sangamo Journal, July 15. FARA Bef 346 ILLINOIS HISTORICAL COLLECT 101 man, whose distinguished ability and integrity were justly adm by all. ‘ Resolved, That this Convention, i in honor of those who have gloriously fallen in the service of their country, do adjourn so so as information is received of the arrival of the remains of t deceased at Jacksonville, for the purpose of joining in the cek bration of the funeral ceremonies of the lamented Harvin and ZABRISKIE. Mr. EDWARDS in presenting the above resolutions said: The preamble and resolutions, which I haye had the honor to ~ submit for the consideration of the Convention, explain themselve: We are not called upon, by the tenor of these resolutions, to testi our high sense of the important services of the living heroes of the — Mexican war, to tender to them our congratulations for the splendid victories achieved by their valor, or to cheer them onward. in their brilliant career of glory and renown; but to render a mourn- ful tribute to the memory of those gallant spirits who have foug and bled and died in their country’s cause, to mingle our tears with those of their desolate friends, their stricken widows and their bereaved orphans. We are not allowed the pleasing task of weaving the crown of unfading laurel to invest the brows of t living Taytor, Scotr, Woo1, Baxker, Bissett, Morriso: Leavitt, Pope and a hundred others who have encircled, with halo of glory, the American name; but to perform the sad office entwining the cypress wreath in mournful remembrance ob d dead Harpin, ZABRISKIE and HoucuTon. As for myself, Mr. President, I find it vain to > apempt analyze my own feelings. I know not, indeed, what feeling, this moment, predominates in my ownbosom, But, this Ido know that when I would rejoice with the living, I am ready to weep the dead—when I would sound the note of congratulation, it hushed in the sadness of sorrowful condolence. And such, doubt not, are the mingled emotions of this Convention. It is right, sir, that it should be so. It is right to contemplate t desolating havoc of war, blighting the rich fruits of peace and — prosperity, spreading sorrow and dismay throughout the land, scathing the widow’s heart, and withering the orphan’s hope. is right, too, to soften these manifold horrors of war, by the soothing THURSDAY, JULY 8, 1847 347 _ influence of sympathy, to dry up the tears of mourning friends, to _ mitigate the sorrows of the widowed wife and to light up the beam _ of hope in the languid eye of orphanage. And what so well calculated to dry up those tears, to alleviate those sorrows, and hy _ to enliven those hopes, as to point them to the noble bearing of the _ lamented dead—to the deathless fame that awaits them; that the husband, father, brother, friend is not dead, but lives enshrined in the hearts of his countrymen. Death, which comes to all, has come to them with a crown of imperishable honors. Their names are not only the theme of contemporary praise, but enrolled on the page of history, as a memento, to their latest posterity of their illustrious lineage. Where, sir, is the sting of such a death? To behold the gush of sympathy in the tearful eyes all around her, to hear the admiring accents, poured forth as the spontaneous tribute of both whig and democrat, to the memory of her honored husband. Is not all this a healing balm to the crushed spirit of the accom- plished widow of the ever to be lamented Harpin? May it prove an all-sufficient solace to her bleeding heart. HARDIN! A name ever to be remembered. The name of Joun J. Harpin will never, can never, be forgotten by him who now addresses you. Sir, I knew him well. He was my friend, personal and political, through good and through evil report. I knew him as the husband and the father amid the endearments of the family circle. I knew him as the light and life of the social party, diffusing a joyous hilarity through every bosom. I knew him as a neighbor, dis- charging all the kind offices of that relation in a spirit of courtesy, of generosity, of open-hearted hospitality. I knew him in the halls of legislation as the bold, manly, independent, consistent politician—alike beloved by his friends, and respected by his ‘opponents; for enemies he had none. And we all know him as the ardent patriot, the gallant soldier—ever the first to advance, and the last to retreat; a soldier by right of inheritance, mingling in his veins the best blood of the Hardins and Logans, the bravest of the brave sons of Kentucky. His devotion to his country is written with his blood and sealed with his life.— But, in mourning the loss of our beloved Hardin, shall we forget those choice spirits of Kentucky, McKee and Clay, worthy sons of noble sires—or that distinguished scion of revolutionary stock, call, forsook the halls of Congress, for the tenth field: all of ee mingling in the hottest of the fight, and, by their deeds of no daring, shedding such a lustre upon the name and character of t nation—have, side by side with our Hardin, offered up iy lives as a sacrifice upon the altar of their country. ' And, Mr. President, as citizens of Illinois, knowing’ an id. appreciating their worth, shall we be said to disparage these grea names by associating with them, in mournful remembrance t namesof our fellow citizens, Zabriskie, Houghton,Fletcher, Robbi Ferguson and others? Though moving inan humbler sphere, their _ hearts were warmed with a glow of patriotism as intense, and their hands were nerved by a spirit as dauntless. They fought as bravely, bled as freely, and died as gloriously. Honor to thei memories, and the solace of our heart-felt sympathies to thet mourning relatives. But, sir, what could not be achieved by such officers, sustain ‘ by such soldiers as were under their command? It were invidious — to discriminate where all have proved themselves so wort! And yet, may I not as a Kentuckian, be pardoned for alluding the gallant Kentucky regiment, led on by their brave and chiv rous commanders McKee and Clay? Does not the number o slain in this memorable action attest their indomitable courage Have they not proved themselves true scions of the old stock wh watered the plains of Raisin with [tlheir blood, and who bol bared their bosoms to the murderous tomahawk and scalpi knife, of the ruthless savage at Tippecanoe? Sir, the spirit whic animated them in their death struggle for liberty, was breathed ~ into them by the soul-stirring eloquence of McKee and Henry ~ Clay, in the halls of Congress. And these, their noble hearted sons, and their brave companions in arms—fired by the sam spirit and borne onward by the same impulse—have as freely watered with their blood, the field of Buena Vista, and have deservedly won for themselves and for their native State, an im perishable fame. And now, Mr. President, I ask not your indulgence, _ 1 crave not the pardon of this Convention, for placing side by side with — this gallant Kentucky regiment the no less gallant 1st and 2nd ~ THURSDAY, JULY 8, 1847 349 regiments of Illinois volunteers—nor for claiming for them as high _ honors and as imperishable renown. As nobly have they earned _ it—for they have poured out their blood as freely upon the same field. Their loss, too, equally attests their invincible courage and their devoted patriotism. Add to these, sir, the brilliant achieve- _ ments of the 3d and 4th regiments at Cerro Gordo, led on success- fully by the gallant Shields, and by the high-spirited, the chivalrous Baker, both favorite sons of Illinois—and is not the measure of our glory full to overflowing? Sir, proud as I may be of the name of Kentuckian, I feel this day no less proud of the name of IIlinoian; and have chosen it as the State of my adoption, I ask for me and mine no higher privilege than that of living and dying an IIlinoian. And to whom, sir, am I, and you, and all the members of this Convention, indebted for this just sentiment of State pride? To whom do we owe it that Illinois stands, this day, foremost in the estimation of all the States of this glorious confederacy? To those very names whom we are called upon by the resolutions under consideration, to go in a body and convey to their last resting place on earth. And shall we hold back when a neighboring city, in a neighboring State, is pouring forth its thousands to pay the sol- emn tribute of their respect, when all, the high and the low, the rich and the poor, the aged and the young, the native and the foreigner, the men of all parties, trades and professions, are gathering in mournful procession around the bier, not of citizen soldiers of St. Louis or of Missouri, but of our own Hardin, Zabriskie, and Houghton? Sir, we ought not, we will not, we cannot, fail in meeting the invitation of the citizens of Jacksonville to unite with them in this last sad homage to the memory of our beloved Hardin, and his brave associates. Mr. CAMPBELL, of Jo Daviess, presented the following resolution; which was unanimously adopted: Resolved, That this Convention, in testimony of their deep sense of the loss the State has sustained, in the death of the lamented Harpin, and other volunteers who have fallen in the service of their country, will wear crepe on the left arm for 30 days. In offering the above resolution Mr. C. said, that after the eloquent remarks just made by the venerable and eloquent gentle- man from Madison, which had sunk deep as the untimely sorrow for the illustrious dead, in the heart of every delegate, he fear that what he could say would rather disturb than | deepen feeling. We see, sir, that in other states, that in the patriotic city St. Louis, that they think, and they have a right to think, th glory of the name of Hardin and his companions, belongs not alor to their own State, but that it sheds a halo round our nation glory. On this question all party spirit is forgotten! All pa asperities are lost sight of as we kneel in sympathy and patrio and shed tears of sorrow upon the graves of those who have fa in the cause of their country. This resolution is offered not | ostentation; the occasion requires it, patriotism demands it, andI sincerely hope the Convention will adopt it. i : he a Mr. BROWN offered the following; which was unanimous adopted: Resolved, That copies of the foregoing preamble and msolige signed by the President and Secretary, be transmitted by th Secretary, to the families of the deceased. Mr. KNOWLTON said, that from what had just taken plac and the deep feeling excited in every breast, he knew the Conver tion were unfit for business. Our thoughts now are not her they are upon the battle field of Buena Vista and Cerro Gord And the Convention was not in a state of feeling to transa business, he, therefore, moved the Convention adjourn till 3 p. m And the Convention adjourned till 3 p. m. =" AFTERNOON Mr. SINGLETON moved leave of absence for his. colleagu Mr. Brockman, for six days, on account of sickness n his famit Granted. the Ee and the committee resumed the cankidergia hee th report of the committee on the Legislative Department—Mr. Woopson in the chair. The question pending was on the sub-— stitute offered by Mr. Harpine for the additional section “ posed by Mr. Tuomas. Mr. ARCHER said, he desired to say a few words on th question now before the committee, and would give his reaso. THURSDAY, JULY 8, 1847 351 _ why he should vote against the substitute and the proposed section. He had some difficulty at first in arriving at the proper view of and in coming at the proper conclusion and construction " of the proposition of the gentleman from Warren; and he yet felt _ some difficulty in doing so. The substitute proposed that, when a county had a fractional excess over one-fourth of the ratio, that ‘that excess should be given to the county in the circuit having the largest white population. There seemed to him to be no sort of "propriety in adding this excess to that county having the largest white population in the circuit, when that county might have enough without the fraction to entitle it to a representative. He thought the effect of the substitute would be to disfranchise a large portion of the people of the State, and could not give his consent to any proposition which would deprive any portion of the people of the right of representation, or tend to their dis- franchisement. We may as well, if we deprive them of the right of being represented in the government, excuse them from paying any taxes or bearing any of the burdens of government. We are told that the principle contained in this provision, is not to have any effect upon the apportionment to be made at the present time. This argument made no difference with him. If the principle was wrong, it was no argument in its favor with him to say that its operation was to be kept for the future, that it was to be delayed. He understood that the gentleman from Sangamon supported this proposition; yet if not much mistaken he heard that gentleman a few days ago read a severe lecture to the gentle- man from Jefferson, on account of his great distrust of Legislatures. A great change must have taken place since then in that gentle- man’s views. He made them a long speech, in favor of the legis- lative department of the government, which he said was the right arm of the people. And now he is in favor of taking away from the Legislature the power to apportion the State. He is in favor of binding it down by an arbitrary rule. He (Mr. A.) thought this matter should be left open for the Legislature, and not attempt to do too much, by entering into details. If we entered into details at all we should do so with great accuracy, but we were not familiar with the views of our constituents upon all these trifling matters and he thought it best that they should be left to the Legislature. 352 ILLINOIS HISTORICAL COLLECTIG apportionment were adopted, although it was said that it w intended to operate on the present apportionment, that gentlema in order to preserve consistency, might endeavor to make t 1s rule apply to the present apportionment. Mr. POWERS could never recognize the justice of any 1 which would deprive the people or any part of them of the righ of representation. Population is generally admitted to be t only true basis of representation, and any rule going to depri ive any part of the population of the privilege of being represent | was, in his opinion, wrong. He referred to the present state things in relation to Highland and Adams counties, and said, t he did not believe that this rule, admitted by those who introduc it to be arbitrary and unfair, would be at all satisfactory to. people of Adams county. He had examined facts in respect the operation of this rule, and had ascertained that there wei twelve counties in the State that would have an average 7 two thousand white inhabitants, over the ratio; and the w of this large excess would be entirely unrepresented; and this excess would be given to the smaller ones. They propose to gi Adams county, with a population of 18,000, two representativ and throw the large excess over the ratio into a small count adjoining with a population of 5,058, thereby giving the sma county a sufficient number for a representative. Thus, inst of adding the small county to Adams and allowing them j joir t three representatives, they give the excess to the small cou and give her a representative. The effect is that a county wi 19,000 inhabitants is entitled to two representatives; and th county with 5,058, a little over one-half the ratio, is encitledl one—making each vote in the small county equal to two in t larger. How gentlemen can reconcile the injustice of this pr ciple with their sense of fairness and justice is more than he co comprehend. Mr. BOND and Mr. PALMER of Macoupin followed in opposition to the substitute. 4 Mr. HARDING made some remarks in defence of his subst tute and then withdrew it. “THURSDAY, JULY 8, 1847 353 Mr. BOND moved to amend the proposed section by striking _ out the word “such” and insert the “nearest.” Mr. McCALLEN said, he was opposed to the whole plan. If any county was to have a member through charity, he thought it should be given to a small county in preference to a large one. _ Much had been said about principle, and long speeches had been made to prove that all our actions should be guided by principle alone; and he called on gentlemen to carry out the principle of a fair and equitable representation, by dividing the State into seventy-five election districts, without any reference to county lines, and thus have everyone represented, and avoid all fractions. The question was then taken on Mr. Bonp’s amendment, and decided in the affirmative—yeas 71, nays 39. Mr. McCALLEN offered an amendment, “that no district shall have more than one representative.” Lost. The question was then taken on the proposed section of Mr. Tuomas, and decided in the affirmative—yeas 76, nays 49. Sec. 33. The State may, to meet casual deficits or failures in revenues, contract debts, but never to exceed in the aggregate fifty thousand dollars; and no debt for any other purpose, except to repel invasion, suppress insurrection, or defend the State in war, for payment of which the faith of the State shall be pledged, shall be contracted, unless the law authorizing the same shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. Mr. ARCHER moved to amend by adding at the end of the section, “and the Legislature shall provide for the publication, for three months at least, of each law, before the time of the vote thereon.”” And the question being taken thereon, it was decided in the afirmative—yeas 95. Mr. KENNER moved to strike out all before the word “anless,” and insert “the State shall have no power to contract debts.” Mr. SIM offered as a substitute for the amendment—strike out all so as the section will read, ‘ the State shall have no power to borrow money, except to repel invasion, suppress insurrection, or defend the State in war, for payment of which the faith of the 354 State shall be pledged, unless the law autho the ‘same, : and setting forth the purposes for which the same is’ borrowed, shall, : at a general election,” &c. And the question being taken on — submitting this for the amendment, it was decided in the affirm- ative. Mr. EDWARDS moved as a substitute for the amendment a strike it all out and prefix to the section the following: “The expenditures of the government for any given périod shall never exceed the amount of revenue authorized by law to be raised in such period, provided the State may,” &c., and strike out the § word “‘but’’ in section. R Mr. THOMAS moved to strike out the word ‘ ee and insert “‘year.” Lost. And the question being taken on the adoption of Mr. Epwarps’ substitute, it was, on the third count, carried—yeas 57, nays 54. . Mr. HAYES moved to strike out all of the section after the . word “‘contracted.’”’ Lost. , Mr. SHARPE offered a long amendment, which we had no am time to copy, and which was rejected. Mr. SHumway, Powers and Perrers offered amendments which were embodied in the follow|ing]—and added to the sec— tion: ‘‘And provision shall be made at the time of contracting — the debt for the payment of the interest thereon, by revenue to be 4 raised by tax, or otherwise, for that purpose.’ a Mr. HAYES moved to add to the amendment: “Provided that the law authorizing the debt to be contracted shall be sub- mitted to the people, with the law levying the tax for the same.” Mr. HARVEY moved to add to the first amendment, “which law shall be irrepealable.” Carried. And the amendment of Mr. Hayes was adopted; and the amendment as amended was | also adopted. Mr. SCATES moved to strike out “contract debts.” Lostill Mr. THORNTON moved to insert after “fifty thousand - ? dollars,” ‘and the moneys thus borrowed shall be applied to the purpose for which they were obtained, or to repay the debt thus made, and to no other purpose.”’ Carried. it Mr. KENNER moved to strike out the words “against it,” XXVII. FRIDAY, JULY 9, 1847 Prayer by the Rev. Mr. BEercEN. eo. Messrs. HAWLEY and SPENCER presented petition praying the appointment of a State superintendant of schoo referred to the committee on Education. o) The PRESIDENT laid before the Convention, a communic ; tion from the Governor, enclosing a statement of the public deb bt, which will appear in our next. Mr. CASEY moved that 1,000 copies [be] printed. — and 5,000 copies were suggested, and voted down; and the number was adopted. Mr. HOGUE moved the Convention resolve itself into oa m- mittee of the whole. Carried, and Mr. Woopson took the Cha Mr. SHARPE moved to take up the 31st section, which had been passed over nformally the other day. Lost. a) Section 34. No amendment. Sec. 35. The Legislature shall provide by law that the fi and stationery furnished for the use of the State; the copyit printing, and distributing the laws and journals of the Ge Assembly shall be let, by contract, to the lowest responsible bidder, and that no member of the General Assembly, or other officer of the State, be interested either directly or indirectly i in any such contract. Mr. THOMAS moved to insert “binding” after ‘the os “printing.” Carried. Ag Mr. CHURCHILL moved to insert “lights” afte hei) wot rd “fuel.” Lost. Mr. NORTHCOTT moved to amend by adding at chi: oie the section the words: ‘“‘no private act shall be printed at t public expense.” Yeas 77, nays 23. No quorum. A se vote resulted—yeas 57, nays 65. Rejected. y _Mr. EDWARDS of Sangamon proposed the same amend- ment, with the following words added thereto—“unless by a voi of three-fourths of the General Assembly.” . 356 a ‘ oes, FRIDAY, JULY 9, 7847 ES Mr. TURNBULL offered as a substitute—“no private act shall be published, except at the cost of the party for whose benefit it is passed.”” Lost. _ And the question being taken on Mr. Epwarps’ amendment, _ it was decided in the negative. Mr. DAWSON moved to insert “shall” after “State,’”’ in 4th line. Adopted. - Mr. BROWN moved to strike out “copying,” in 2d line. Lost. “Mr. SCATES moved to insert after “journal”—“‘and all other printing ordered by.” Carried—Yeas 83. Mr. BUTLER moved to strike out all of the 35th section. -Mr. CAMPBELL of Jo Daviess said, he thought the better way would be to leave this whole question open to the action of the Legislature, who could fix in the law, authorizing the printing, binding, &c., a statement of the prices to be paid for the work. _ He had some knowledge of this system of letting the work out to the lowest bidder, and knew from experience, that there would be no saving to the State. This matter of the binding had been let out by contract some time ago, to the lowest bidder, and what was the consequence? Why there were several binders in this city, yet there was but one bid, and the contract was given to them at prices but very little less than those before paid, and stated in the law. There was no competition, men could not come here from other places, and establish offices for the mere purpose of obtaining this State work; and he again stated his opinion was that the question should be left open for the Legislature. Mr. LOGAN said, he did not agree with the gentleman last up, in his views of this question. He thought that if a “little” only was saved, it still was so much saved to the State by this means. He would point out to the gentleman, that in one case— the revised code—the contract for binding was let out to the lowest bidder, and the amount paid was only one-half the price that was fixed in the law. Mr. CAMPBELL of Jo Daviess replied, that in the case cited by the gentleman, the contract was taken at prices so low that the man could not perform the work without a loss. For, after they had undertaken the work, and after the adjournment of the Legis- VOR WS TEL asa ee Tey es a a eee he ek 358 ILLINOIS AISTORICAL COLLECTION lature, they had addressed a letter to the pee of (Mr. C.) in which they state[d] the prices were too low; sipca: explained to them that they had entered into a contract, a was not in his power to annul it. If he was not much mist the gentleman from Sangamon (Mr. Locan) introduced, the next session of the Legislatu[rle, a bill for the relief of contractors, in consequence of their losses by-this contract. Mr. LOGAN explained, that the bill for relief had introduced because there was a difference in the kind of bindi done, from what had been contracted for. The relief was g They also had petitioned for relief in consequence of the a of binding done was not as great as was anticipated when | contract was taken, for this however they received no relief. said this much in explanation of his course in the Legislature. . WEAD said, it was a matter of regret that we should have to hear explanations of the gentleman’s legislative cour often; and it was also a source of much greater regret that it not een published in a book, so that we should not be obliges hear it at the expense of the people. a It had been shown by the gentleman from Jo D. that not! could be saved in the end by this plan of having the binding printing done, and he could see no objection to leaving the m open to the Legislature, to be provided for by them. Gentlem had opposed all restrictions on the Legislature, had declared with this Convention had not been exhausted the wisdom of 1 State, and that we should go into details. But now, gentle say that the legislature shall have no power, no discretion in matter, and that we must bind them down by the most strict lit and provisions? He was in favor, as he had’ before stated, leaving the question with the Legislature. Mr. EDWARDS of Sangamon said, that in pi to mee views of gentlemen and to carry out the suggestions of the ge man from Jo D. he would offer the following Proviso: “Tha Legislature shall fix in the law a maximum price for se prin binding &c.”’ ae ee ‘Mr. BUTLER was in favor of striking the nde section it was a reflection upon the honesty and integrity of all fu Legislatures. To say that they cannot make a contract abo FRIDAY, JULY 9, 1847 359 | ae A the printing and binding the laws of the State, without wronging _ the State was a reflection upon the honor and integrity of the Legislature. He was not a little amused at the course of the ~~. 7a ° gentleman from Sangamon, he was afraid a day or two ago that the Convention was doing too much, that it was legislating and _ leaving nothing for Legislatures to do hereafter. To-day he is in favor and desirous of binding them down by constitutional pro- visions upon this trifling matter. Mr. DAVIS of Montgomery expressed himself in favor of the section as it is. Mr. KNAPP of Jersey offered the following as a substitute: “Provided, the Legislature shall have the right to determine whether the lowest responsible bid, as contemplated in the section, shall be reasonable in its amount and as low as could be obtained by private contract.” Lost. And the question being taken on the amendment of Mr. Epwarps, it was carried—yeas 76, nays 43. The question was taken on striking out the section, and decided in the negative. Mr. SHARPE moved to insert after “‘bidder,” “‘so that said bidder is a resident of this State.”—Lost. Mr. SINGLETON moved to re-consider the vote by which an amendment offered by him on Wednesday last, to the 3d _ section, had been lost; and the committee refused to re-consider— yeas 54, nays 55. The committee then took up the 31st section as it was amended; which had been laid over. Mr. SHARPE offered the following as a substitute for the section as amended: ‘““The Legislature shall not have power to provide by law for the sale of non-residents’ lands for taxes, until judgment shall first be had against the same.” Messrs. SHarpe, Wiiiiams, Davis of Montgomery, and ScATEs made some remarks thereon, after which a motion was made that the committee rise; which was decided in the negative— _ yeas 40, nays not counted. Mr. ARCHER hoped the vote would not now be taken on this amendment, till the members had had sufficient reflection on the subject. He renewed the motion to rise—yeas 60, nays 61. Lost. 360 ILLINOIS HISTORICAL COLLECTIONS The question was taken on the amendment, and decided nt the negative. a: Mr. WILLIAMS moved to insert after the word “process,” the words “‘or otherwise.” Mr. McCALLEN was not ready to vote upon the ua now, and he renewed the motion that the committee rise. Mr. PETERS thought we might vote now upon this section now and report it to the house, have it printed, and then members could have time to vote deliberately upon its acer me! motion to rise was decided in the negative. } Mr. WILLIAMS’ amendment was then adopted. Mr. LOGAN moved to insert after “court,” “in some usual and regular tribunal.” Carried. . The section then stood as follows: “— “The General Assembly shall have no power to pass any la y whereby any person shall be deprived of his life, liberty, property, — or franchises, without trial and judgment in court, or some usual and regular tribunal; provided, that nothing herein contained sha prevent the passage of any law for seizing and holding person and property by mesne process or otherwise until such trial c be had; or for collecting taxes by distress and sale of perso property without judgment.” . Mr. Z. CASEY moved the committee rise and report to Convention their proceedings; and the chairman reported, committee had had under consideration, &c., and reported the sa back with various amendments, and asked “ee concurrence of th ‘ Convention therein. eet Mr. THOMAS moved the report and amendments be bis on the table, and 200 copies printed. Carried. ‘; And then, on motion, the Convention adjourned till 3 P. 4 AFTERNOON Mr. LOCKWOOD moved the Convention resolve itself into committee of the whole; and the Convention resolved itself int committee—Mr. Crain in ‘the chair—and took up the report of ; the committee on the Executive Department. A Sec. 1. No amendment. Sec. 2. Mr. LOCKWOOD moved to amend by providin is) i: C a FRIDAY, JULY 9, 1847 361 that the next Governor shall commence his term on the 2d Monday in January, 1849, and the next in January, 53, and every four years thereafter, &c. Carried. _ Mr. DALE moved to strike out “1853” and insert “1850.” Lost. Sec. 3. The Governor shall hold his office for the term of four years, and until another Governor shall be elected and qualified; but he shall not be eligible for more than four years in any term of eight years. Mr. LOCKWOOD moved to amend by prefixing thereto the following: “The first election of Governor shall be held on the first Monday in November, 1848, and the next election shall be held on the first Monday of November, 1852, and forever thereafter elections for Governor shall be held once in four years on the first Monday of November.” Mr. CROSS of Winnebago moved to strike out all after “qualified.” Lost. Mr. FARWELL opposed the amendment as it put the present Governor out of office before the expiration of his term. The question being taken the amendment was adopted. Mr. EDWARDS of Sangamon moved to add to the section **nor any other officer till the expiration of the term.” Carried. Sec. 4. No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of Governor; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been ten years a resident within this State. Mr. PRATT moved to strike out the section and insert the following; which was lost: “No person except a citizen of the United States, and who shall have been a resident of this State for the pe[riod] of five years next preceding his election, shall be eligible to the office of Governor; neither shall any person be eligible to that office who has not attained to the age of thirty years.” Mr. LEMON moved to strike out “thirty-five,” and insert “forty-five.” Lost. Mr. SCATES moved to strike out the words “‘a natural born . citizen,[’’] and “‘at the time of the adoption of this constitution.” 362 ILLINOIS HISTORICAL COLLECTIONS — Mr. HENDERSON was in favor of the amendment gentleman from Jefferson. He thought that the article as stood now would exclude many individuals worthy the offi from being chosen by the people. There were several cases w the exclusion, contemplated by this section, would operate u justly; one of these was in the case a person came here wher child, was raised here, with all the feelings and sentiments of : American, and he would be excluded from office. He saw necessity for the restriction and hoped the amendment aa adopted. Mr. CAMPBELL of Jo Daviess said that he rose, not for t purpose of making a speech, but merely to say that when question would come before them properly for action, and the ayes and noes could be called, then this section shall not ] without a contest. This section as reported by the committe a “Native American” principle carried into effect. Why. was old constitution changed? Why was this new theory introdu particulars as the people desired to sea changed. Where did the people ask for this restriction? Had any apa: beens Which of the States that had adopted new banka introduced this restriction upon the right of the people to : who they may? as He was in favor of allowing all citizens the same privil Mr. LOCKWOOD said, that the committee had been ur mous in their action upon this section, and he knew none of tl to be called “Native Americans.” For himself he would say he had no prejudice against foreigners, and if the gentleman v 1 look at the old constitution he will find that this section is mc favorable to them than that. By the constitution, no foreigner could be eligible to the o of Governor, until he had been thirty years a citizen of the Unit q States. NG Mr. NORTON said, he did not propose, at the present s of this question, to enter into any argument upon it. He: she vote for the amendment of the gentleman from Jefferson. FRIDAY, JULY 9, 71847 363 should do so for the reason that he would make no distinction between American citizens whether native or naturalized. He desired to see no such distinction incorporated into our constitu- tion. He would desire the people of this country to become in - truth one people, and when foreigners leave their native lands, and have settled amongst us, he would hold out every honorable inducement to them, to become Americans in deed, by conforming to the naturalization laws of the United States, and, when they have done this, he would offer no obstruction to their advance- ment in the State. This is what is contemplated by the amend- ment, and he should therefore vote for it. Mr. DAVIS of Montgomery said, he would vote for the report as it came from the committee, and would state his reasons for so doing. The gentleman from Jo Daviess said, that popular opinion was not in favor of this restriction upon foreigners holding the highest offices; now he did not know what popular opinion was in Jo Daviess, but he knew as well as Mr. C. what it was in Bond and Montgomery, and he was sure he was supporting the popular opinion of those counties, when he voted for this report. Gentle- men say that this is placing an unjust restriction upon the citizens of our country, why did those men of the revolution, those who signed the Declaration of Independence, and who framed the federal constitution, introduce this same provision into it, by prohibiting any but a native born citizen of the United States from being President? And who desired it to be stricken out? If to preserve that principle which should be incorporated into our State constitution, and he who desires it not to be stricken out is a “Native American,” then I am ‘Native American!” He was in favor of giving to foreigners, against whom he wasnot prejudiced, all privileges of our citizens they can properly claim, but not to the exclusion of Americans; not to raise them above the heads of our own countrymen, into high and important offices, before they are sufficiently acquainted with our language to speak it plainly. They were told that when this question came before them at another time, that the ayes and noes would be called, if so, he would not be afraid to record his vote in favor of the report. Mr. GEDDES said, the friendship expressed for our European friends who came to our State, reminded him of certain tribes of 364 ILLINOIS HISTORICAL COLLECTIONS Indians, who gave to their guests their wives and daughters sleep with. Now, while he was ready and willing to give foreigners — meat and drink, he was not disposed to give up his bed. He was” willing that they should kneel at the same altar with him, but not to be his priest. He was willing they should live in the country but not to be his rulers. My Mr. PRATT stated that he had offered his amendment to effect the same object as proposed by the gentleman from Jee son, in the amendment now before them, but as it had been voted down so quickly, he would like now to state his reasons for pre- senting it. He thought that any restriction like that contained in the section as reported, was.a reflection upon the intelligence of the people—it doubted in them the capability of selecting their own rulers, it denied them the right of so doing when their choice” fell upon one whose birth was in a different land. No matter wh public service, what eminent talent; no matter how capable he might be to perform the duties of the office, he was excluded by this provision, and the people denied the privilege of elevating him. There were many cases where its effect would operate unjustly, and one had been cited by the gentleman from Will, “ (Mr. HenpErson) of a child who might have been born in a foreign land, but who had been reared under our fostering insti- tutions, and who had learned to love and revere them, and, no matter how eminent and distinguished he might become, was forever prohibited from holding the station of Governor of State. He had no love for foreigners, but he had ever known them to make good citizens, men as devoted to the interests and welfare of the country as any others, and as well entitled to the . confidence and respect of the Convention as any other class. The. old constitution was a virtual prohibition of foreigners from ™ holding the office of Governor. It provided that he should bi citizen of the United States for thirty years, which, supposing foreigner came here at twenty-five years of age, then five yea before he became a citizen, and it would make him sixty years age before he was eligible to the office of Governor.—That an age at which men seldom aspired to such an office, and they were, therefore, virtually prohibited. Now if this rule was to be changed at all, it should be because it was wrong, and if it was FRIDAY, JULY 9, 1847 365 wrong, why should it be presented in its present shape as a remedy? Another objection he had to the section was the proposed increase _ in the age of the person to fill the office. Thirty-five years was proposed. Why increase it from thirty, as it stood in the old constitution? Had any evils resulted from the age being fixed at that period? He referred the committee to the fact that when DeWitt Clinton, Daniel D. Tompkins, and Gov. Seward were chosen Governor of New York, neither had attained the age of 35. No one had ever complained of these men, or their administrations, because of their age. After some further remarks on this subject, he returned to the subject of foreigners, and said that in the whole thirty States _ there were but three that had a provision in their constitutions like this reported by the committee; and neither of those States would he cite as an example for this State to follow in the formation ofagovernment. Not one of the States which had lately formed a constitution had anything of the kind contained amongst their provisions. lowa had not; Louisiana and Michigan had not; New York had not—her provision is in the very words of his amendment which had been voted down. Mr. LOGAN said, that when in order he would offer an _ amendment changing the section so that fifteen years citizenship should be required before a foreigner shall be eligible to the office of Governor. He was sorry that so much feeling had been shown on this question, and also sorry that the Convention had been threatened with the yeas and nays on this question. He had no fears himself to have his vote recorded, and he did not think that any others were to be influenced by any such proceeding. He had no love for foreigners, nor was he prejudiced against them; he never regarded foreigners in the community as foreigners through fear, favor or affection. He was not disposed to proscribe them, while at the same time he was unwilling they should have privi- leges, which, in his opinion and in his conscience, he thought they were not entitled to. Foreigners are becoming a powerful body in this Union; in some States they have a great influence, being what is called the balance of power party, and it was no more than prudent to guard against danger from an increase of that power and influence. PE hye 8 eR LE a Seek ee) tee eau 366 ILLINOIS HISTORICAL COLLECTION As to the question of age, for Governor, he was not in favo a reducing the period below thirty-five years. An age when 1 Be generally arrived at that necessary judgment, ric £ : office with fidelity and satisfaction. They had fixed the time i voting at an age when it was presumed that a man’s mind hai iS Bt become sufficiently matured to be entrusted with that privileg “a and he thought a time should also be fixed at a period when A: similar presumption would exist, that his mind had been forme and his judgment and capacity so settled that there would be no” danger in committing to his hands the guidance of the government, - He knew that age did not give more energy to the mind, nor oh increase the brightness of the genius, but every day that a m approached thirty-five he was improving in steadiness, experie and judgment. It was said that young men had been selected i for this office, and that there were young men in the State who " could fill the office, he would not deny; but it is well known that * a: boys have, for a long time, their wild oats to sow, and that, ge 3 ally, they were more easily influenced by friends and advis ; and did not possess that stability which age and experience conf as Exceptions to this rule may be found, but generally such was case. Thirty-five years was a low period to fix, and the yor man who has the ability to discharge the duties bf that office, will z not be any less qualified when he arrives at that age. A man may have a good mind, may shine in the Legisla hall, his genius may display itself with more pipes Toe : around him; but for the sober discharge of the important duti ie a the chief executive office of the State, more than these are requi eke —he wants steadiness, calculation, experience and sound judg- | ment. You might as well say that we restrict the right of suffrage, when we exclude an intelligent boy of eighteen from voting, as to complain of our excluding a man from the office of Governor he has arrived at thirty-five. The same principle applies to b cases. And’so with a foreigner. The man who comes here fi a foreign land knows the policy of the government of England, of Ireland, and of other countries—and when he comes here, he has” ig ST OER - an Pe ee Ree ee R Ty EE Ee te eS ee FRIDAY, JULY 9, 1847 367 ns, to be entrusted with the privilege of voting, is it unjust or easonable to require that he shall remain here fifteen years before he can be eligible to an office of so much importance as the “executive of a State. Another thing. He thought the man who “would be selected to fill this office, should have been here a sufficient length of time for the people to know him, to become acquainted with his principles, and his character; he might be a man of great “power of speech, of great conversational powers, of great brilliancy ‘of intellect, and the people should have time to see through all this, not by a casual view, but by a thorough examination into the foundation of his character. That time should be given for the first blush of a bright appearance to wear off, and then the people to say whether he was worthy of their confidence. _ This, he thought could be accomplished by the amendment he ‘would offer. Mr. CAMPBELL of Jo Daviess said, he intended to enter into no argument upon this subject at the present time. He rose now, as he had done at first, to ask the committee, before they decide this question, before they commit themselves even upon the informal vote here, to pause and reflect, before they placed any restriction upon their future action, upon the consequences of this proposed change in the old constitution. He was in favor of abolishing the restriction of thirty-five years as a qualification of the office of governor, and in favor of abolishing all and every distinction, now, or at any time, existing between the elector and elected. These, sir, are restrictions upon the people, they are restrictions upon the right of the people to say who shall be their choice to perform the duties of this office. He would say that any man at the age of twenty-one years, should have full power to do that himself which he is authorized to do by an agent. This restriction says he shall not. It says that a man can vote for a Governor and shall have the power to rule by another, at the age of twenty-one years; but it precludes him from doing so, and the people from choosing him to do the 368 ILLINOIS HISTORICAL COLLECTIO. same. It says to him you may govern the State by an agent you shall not govern it yourself. He was in favor of destroying and onde from the | stitution every restriction upon the free and untrammel ed of the people in the choice of their rulers. But it is said that the is great danger of the people selecting a man for Governor, wh ignorant, a foreigner, and incompetent to perform the du of the station. This is an un-worthy reflection upo intelligence and capacity of the people. To say that they not intelligence to select men capable and worthy deserving of the office, is, he said, a reflection upon powers of self-government. Why give them the right vote at all, if it was feared they had not the capacity to select It is unjust, too, to the naturalized citizen, to exclude him account of his birth. Shall it be said in this day that a man whe leaves his native land and the home of his youth—who renounce: all allegiance to his own and all other foreign princes, poten and powers— who comes here to live in a land of freedom- enjoy all the rights and privileges of other citizens of our | Mr. C. then alluded to the age required for the office of Gove to the old and the young—the impetuosity of youth rising might and struggling for the mastery, and the calm sobriety venerable experience of age—blending together, and displ: the same great and correct principles he had been advoc when he proposed to open to all, of every age and birth, the r and privileges of citizenship, and leaving the people unrestri in their free choice. Mr. BALLINGALL addressed the Convention in oat oO amendment; his remarks will probably appear hereafter. ‘ Mr. HURLBUT said, that like some others who had spok he did not propose to enter into an argument upon this que but merely to say a few words in reply to those who compl FRIDAY, JULY 9, 1847 369 of this section because it was a restriction upon the people. What is the restriction upon voters in Illinois? Is it not now a rule that no man shall vote till he is twenty-one years of age, and that is a restriction upon the right to vote, which he did not suppose gentle- men desired to abolish. Mr. BALLINGALL said, that at common law the right to vote was a privilege secured to a citizen. Mr. HURLBUT said, he would like to know if that was the common law of Illinois? He would like to know if foreigners were not now allowed to vote and enjoy all the rights of citizenship upon a mere twelve months’ residence in the State? A Memser. They are not allowed to sit on juries. Mr. HURLBUT. I know they are not called upon to sit on juries; jury and militia duties are burdens upon citizens—voting is the privilege!—The right to vote is the greatest that can be conferred; it is that which makes a man feel that he isa man. In rising, he had another object, and that was, to say that a well known individual who represented his district in Congress, had called him a “Native American,” or, at least, certain remarks made by him had been wholly misrepresented by some small petty representative of a very small man, and the charge was based thereon. He was sure that no one who had listened to his remarks had discovered in them anything of the kind represented, and he would say to the reporters—no, he would excuse the reporters; none of them had done it—he would say to the man, be he who he may, who panders to that small man, that he was at liberty to state anything he thought proper, which he (Mr. H.) had said; but that if he undertook to misrepresent, even as humble an indi- vidual as himself, he would find he had mistaken his man. The question was then taken on the amendment proposed by Mr. Scares, and decided as follows: yeas 74, nays 49. Mr. LOGAN moved to add to the section, “and shall have been a citizen of the United States for fifteen years.[’’] Mr. DAVIS of Montgomery said that he hoped the amend- ment just proposed by the member from Sangamon would pass. He would like to have this question settled now. Why was there so much fear expressed of, and so many warnings against, the committee committing themselves by a vote on this question? 370 «ILLINOIS HISTORICAL COLLECTIONS Why are not the members as well prepared to vote and act upon the subject as at any other time? He would always against anything allowing a foreigner to become Goverr Illinois, of being appointed a judge of a court, or of holdi other important post, after having been only five yearsi in the coun: He was not, as he said before, prejudiced against foreigners he would always oppose the system pursued by some, of ru to them the moment they reach our land, and telling “oh, you understand our laws, you understand our governm institutions as anybody else, and you must have a vote.” they know nothing about our institutions; they are familiar wit the political government of the land where they spent their sch« boy days; their minds are stored with recollections and view: policy imbibed in foreign lands, and they, when they come have no true conception of the character of our institutions. can they form an idea of our system of government? They not read our books, they have no knowledge of our custom laws, and in many cases are ignorant of our language. We are a progressing people, and our country is fast filli Now is the time to apply these wholesome restrictions, which ' prevent citizens—born and reared on the soil—from being exch by foreigners from the enjoyment of these high offices. Shall say that those who framed the constitution of the United St were wrong in imposing a restriction in that instrument exch ‘ foreigners from holding the two chief offices of the national g ment? Sir, this Convention has this day, by the vote just and by a large majority, said this restriction imposed in t stitution by the fathers of the country was wrong—all wro He had no fears of expressing his sentiments. He spoke wha believed to be true and correct. He would read to the Co tion the opinion of Washington on this subject, and upon | views he would make no comments, for he believed the d cast; that the question was settled, and he would not be st if the time was reduced to five years. He then read a letter to foreigners, and one from Mr. Jefferson on the same subj He was willing to admit that the circumstances under FRIDAY, JULY 9, 7847 371 those letters were written were different from our present. He "was not a “Native American,” but he would say to the Convention that the want of such restrictions as is contained in that section ‘now upon the table, had been the cause of such a party in our country. Foreigners came to our land and remained in our large cities; they were seized upon by both parties—whig and democrat —and for the purpose of forwarding the interests of their respective parties, were put into high and important offices, to the exclusion of free American citizens, and whose every feeling was for their country;—this had driven the people in those cities to unite in these associations, formed to protect themselves and countrymen from the encroachments of the foreigners. He had no personal hostility to any foreigners, but he had seen instances of their being elevated over the heads of competent Americans and appointed to judgeships, and one of these was in his own county. He alluded to Judge Korrner—who was the judge in his circuit, who was a foreigner, and he alluded to him, not out of any want of respect, for he was a gentleman, a sound lawyer, and an honor- able man, but he was unable to charge a jury understandingly, because his language was so broken and difficult to be understood. Mr. BUTLER thought this was a restriction upon the people. Gentlemen would liken it to a restriction upon the Legislature, but it was very different. The restriction contained in this amendment was upon the people themselves, and questioned their capability of judging who should have the offices to be received at their hands. We might as well say that we should declare in this constitution all the qualifications the Governor should possess, and we should say whether he must have received a common school, an academical, or a collegiate education; whether he should have a classical education or not; whether he shall be acquainted with Latin or Greek. This rule, sir, would not be more arbitrary than that proposed by the gentleman fromSangamon. Hethought that we should place no restrictions in the constitution, but leave the matter with the people. Mr. GREEN of Tazewell followed in support of the amend- ment. He thought that the restriction of fifteen years upon a foreigner was not more oppressive than that placed upon native before they could vote. Mr. see ean of Marshall advocated the amendment who had Cited him. Mr. GEDDES repeated the views expressed by ied earlie: in the debate. Mr. ARCHER was opposed to the amendment proposed ; the gentleman from Sangamon. He took the same view of it a others who had declared it to be a restriction upon the electi franchise of the people. He had no sort of doubt of the capabili of the people to exercise that right, and was opposed to any pr vision restricting it, in the least particular, as he believed it wou be safe in their hands, and that the better course for the Conv He had no great love for foreigners. He was an Amecicaniiil birth, but he had always been proud to believe that the institt tions of his country afforded a home for the opressed of all la without distinction. He thought that the land of a man’s bi was not the test of his right to the privilege of citizenship, but merit was the true test to be applied to him. He had no de: to dwell upon the acts of foreigners who had taken an active pa in our revolution, nor of the many who had rendered such valua service, but he would say that he had never heard of an adop citizen betraying his country, or of any act unworthy of a citize He did not desire that offices should be open to them as soon | they arrive in this country, but when they had renounced t allegiance to other powers, and had remained here for term of five years, and complied with all the requirements whi Congress, in their wisdom, had provided as necessary for them t become citizens, he desired then to see them become citizens wi all the rights and privileges of citizenship without any restrictio or distinctions. It had been said that they came to this count with recollections of their native land fresh in their mind, and th their views and sentiments are influenced by associations of whe they had experienced there. He thought this was true in on sense. They do come here with a vivid recollection of the lan where they have been oppressed, and minds well calculated FRIDAY, JULY 9, 1847 373 “appreciate the freedom of our laws and the beauty of our institu- tions, because of the associations of government and tyranny they have experienced at home. The amendment would establish that the land of a man’s birth, not the man, should be the test by which he should be judged. It had well been said, that a man who had just arrived here, unknown to the people, ignorant or unqualified, would not be selected by the people for the office of Governor. Public jealousy, distrust of strangers, will always excite a scrutiny into the character of any man offering himself for that office, and no danger need be felt that they would select such a person for that important office. Mr. PALMER of Macoupin advocated the adoption of the amendment. He was opposed to the section as it first was report- ed; but thought that the restriction of fifteen years upon a foreigner before he could hold the office of Governor was not too great. He thought those who denounced all restrictions upon the right to vote and hold office had gone too far. There were restrictions upon the ladies, precluding them from the enjoyment of these rights, and he did not think it was proposed by any to remove them. He thought that the period of five years fixed in the con- stitution, as the time for a foreigner to reside in this country, had been fixed as a period in which he might become acquainted with our language; and did not believe that fifteen years was too long a term for him to acquire a knowledge of the complicated machin- ery of our system of government. He thought that the privilege of living under the government of the United States, and enjoying the rights and privileges of a citizen of a free republic, should be sufficient for any foreigner, without the right to hold office.*4 §4The following correction was printed in the weekly Register, July 30: SPRINGFIELD, July 27, 1847. “Editors of the Register: In the report in your paper of the 13th inst. of my remarks upon the amendment offered by Mr. LoGan to the report of the committee on the Executive Department, by which fifteen years’ citizenship is required to render a foreigner eligible to the office of Governor, I am made to say in the report, that ‘the privilege of living under the government of the United States, and of enjoying the rights of a citizen of a free republic, should be sufficient for any foreigner, without the right to hold office.’ __ The report is incorrect. My language on that occasion was: ‘Even _ without the privilege of holding office, foreigners gain immensely by their immigration to this country. Here they live under free and equal laws, may easily acquire an interest in the soil, and can participate in the power belonging - native-born citizen until he has exercised the right of voting ‘and republicanism from his mother, after he is entitled to a 374 ILLINOIS HISTORICAL COLLECTIONS what different from those advanced on the same be au mi offer as an apology for this brief allusion to his remarks, the crov ed state of our columns. [Mr. TURNBULL said that the gentlemen who were oppo to the amendment of the gentleman from Sangamon, (Lo from their remarks appear to be in favor of making fore eligible to the office of Governor as soon as they are entitled vote, while they are for preventing the people from electi fourteen years to that high office. I ask gentlemen, w! opposed to the amendment, how they will answer to the peo this State, or to the world, for requiring fourteen years of a na ative born citizen—one who has imbibed the first principles of free before he is eligible for the office of Governor—and make the eigner eligible for that high office as soon as he is entitled to a vot Mr. President, I shall vote for the amendment of the gentlem from Sangamon, which requires fifteen years residence in 1 United States after he is entitled to a vote, before the forei is eligible for the office of Governor.]** Mr. PRATT resumed the subject and spoke at much le ng against the amendment and against the restriction upon it selection of a young man for the office. Mr. CAMPBELL of Jo Daviess moved the committee : And the committee rose, reported progress, and asked to sit again. Granted. j4,: - And then, on motion, the Convention adjourned. in monarchies to kings—a voice in the government of a great people; a when to this is superadded the fact that, by waiting for a reasonable te until they can acquire a knowledge of the construction of our comp system of government, they may then aspire to the highest offices in of the people. It seems to me that this amendment should satisfy them; under this view, I shall vote; and by such of my constituents as are foreig I am willing to be judged.’ Yours, &c., Joun M. PALMER. oP gale XXVIII. SATURDAY, JULY 10, 1847 Prayer by the Rev. Mr. Hate. The Convention resolved itself into committee of the whole— Mr. Crain in the chair, and resumed the consideration of the report of the committee on the Executive Department. The question pending was on the amendment of Mr. Locan, which was modified by him to read “fourteen” instead of “‘fif- _teen”’ years, and being taken] was decided in the affirmative. Mr.MARKLEY gave notice of a motion to reconsider the vote. Sec. 5. The Governor shall, at stated times, receive for his _ services the sum of twelve hundred and fifty dollars per annum; which shall neither be increased nor diminished (during the period for which he shall have been elected;) and he shall not receive, within that period, any other emolument from the United States or any of them. Mr. SHUMWAY moved to strike out “$1,250” and insert “$1,000.” Mr. CROSS of Winnebago moved to amend the amendment by striking out “$1,000” and inserting—two dollars a day for the first forty-two days, and one dollar a day, for each days actual service thereafter; which amendment was carried; and the question being taken on the amendment as amended it was decided in the negative. Mr. KNAPP of Jersey offered the following as a substitute for the section: “That the Governor shall receive the sum of fifteen hundred dollars per annum, for his services as Governor, and which sum shall not be increased nor diminished.” Mr. DALE moved, as an amendment to the amendment, to strike out “fifteen hundred dollars,” and insert “one thousand.” In presenting the amendment Mr. D. said, that it behooved us, in view of the present pecuniary embarrassments of the State, to study economy—to introduce it into every department of government—and to act with an eye to it, in all our proceedings. 375 376 ILLINOIS HISTORICAL COLLECTIONS — The people have clamored loudly, and with justice, against heavy expenses of government; and gentlemen, here, would b him out in the assertion, that, whilst we had a soil which yi its fruits with less of labor and toil of man than did the sa amount of territory anywhere else; whils[t], too, our harvi were, generally, very abundant, and our farms daily impro: and presenting new beauties to the eye, yet, that the citizen, t tiller of the soil, did not exhibit that cheerfulness and contentn which these outward appearances would seem to indicate and justify. The citizen was not entirely satisfied with the admini tration of his government—he complained that it was an expenst one—that notwithstanding a heavy debt hung over the Si which was not, in any material degree, being reduced, yet t the taxes of his labor increased and were increasing on him fro year to year—he believed and held that a frugal people, who w chiefly agriculturists, and whose wealth was dug, by the labor « their hands, from the earth, should have an efficient governm but a frugal and economical one. To effect reforms which sho insure such a government, was a consideration with the peop in calling this Convention. In curtailing expenses he was pleas to. say that thus far our action had come up to the views < 1 expectations of the people. The expenses of a State census is be saved by adopting the census taken by the U. S. governi elections are designed to be held in November and thus the sity for two elections in a year avoided; the legislative sessic is limited and the pay of members is reduced and thus this hea item in former appropriations, will henceforward be comparative alight one. Let the same reform be carried into every departn eI —our circumstances call for rigid economy—the credit of th State demands it. If, then, the experience of other States has shou t office of Governor can be filled consistently with the p interest—can be well filled—at an expense less than that prop by the resolution, the people will hold us answerable if we aes profit by that experience. . The State of Ohio, with a population double that of this St allows to her Governor a salary of one thousand dollars; Hampshire the same amount; Vermont seven hundred and f SATURDAY, JULY 10, 1847 377 } dollars; Rhode Island four hundred dollars. If, in these States, where wealth and luxuriance abound, and some of which are free _of debt, these sums are considered compensation, might they not well be considered such in this agricultural State—this State of " simple manners and frugal habits? He was disposed to allow the holders of the office of honor little more than a plain citizen required for the support of himself and family. The amendment, however, offered by him proposed an allowance equal to that reported by the committee as a salary for the Auditor. This ought to be sufficient. For a house is provided by the State for the Governor—none for the Auditor— the office of Auditor, too, is one of more labor and less honor. The argument that the Governor must have his levees and give his dinners might be a consideration to be entertained if the State were differently circumstanced, but should not while she continues in her present embarrassed condition. These things are not abso- lutely necessary, and if agreeable to the feelings of the Governor or any citizen let them be done at their private expense, not at the expense of the public. Under these reductions of salaries and other expenses, the condition of the treasury would improve. Auditor’s warrants would no longer be discounted and shaved and hawked about in search of buyers—jobs to be done for the State would not longer be contracted for at the present ruinous rates to which the State is forced, by reason of her paying in miserably depreciated war- rants of the Auditor. These moderate salaries too will make it the object and the interest of officers and legislators to give an eye to the finances of the State and provide against any depre- ciation of her paper in the future. : But a great gain to the State from this reduction in the salaries of officers and pay of members of the Legislature will be in this, that the compensation allowed to them will form a standard of value, and that, in all contracts made by them in behalf of the State with agents, commissioners &c., the sums agreed to be paid for services will be regulated by this standard—the compensation which members and officers themselves receive. Countenance extravagance in them, by giving them large salaries and this extravagance will characterize all their appropriations and all ee = ee 378 ILLINOIS HISTORICAL COLLECT contracts made by them for the State. Make, real the of members of the Legislature such as has, here, been voted them, and the salary of Governor such as proposed by the ai ment, and there will be an end to these extravagant expendi of which our books are so full—an end to the exorbitant a agents to protect canal lands &c., there will be an zee to | eternal speculation on the State. . Mr. THOMPSON opposed the reduction. Mr. WEAD said, his vote upon the sum to be sliowalia L Governor would depend entirely upon the duties which would assigned him in this constitution; and he would, also, like’ know whether it was intended that the Governor should resid the seat of government—which in his opinion was an importa consideration. The present Governor is, also, fund commission and before he could vote to fix the salary of the office, he woi like those questions to be answered. Fifteen hundred dollar year was not too much for the office, if the Governor was compelle to reside here. If allowed to remain at his home, so large salary was not needed. In the eastern States, in Massachusett New Hampshire—certainly in Vermont, the Governor was : required to reside at the seat of government, and that seis for the small salaries allowed them. The Governor who is con pelled to reside at the seat of government was, in a great measu obliged to keep an open house, for members of the Legislature, 1 receive strangers, and was to some extent the official organ the State. He would be obliged to neglect his own business at home, and devote himself entirely to public business, while if home, he could attend to his ordinary business without any pec niary loss. He could see no necessity for our providing that | Governor should reside here, and thought that by attending h occasionally, at the time of the meeting of the General Assembly, that the duties of the office could be administered as well. HE would vote for the $1,500. Mr. ARCHER was in favor of allowing a good salary to Governor and having him reside at the seat of government. — Mr. LOGAN was like the gentleman from Fulton, unable SATURDAY, JULY 10, 1847 379 yote upon this question until he knew what duties the Governor _ would be required to perform. He was in favor of the fifteen hundred a year. _ Mr. PALMER of Marshall was in favor of the sum reported by the committee—say twelve hundred and fifty dollars a year, and " thought that quite sufficient. He alluded to the State of Indiana where he had resided a number of years, and where the salaries of the Governor and the judges were very low. Mr. BOND was in favor of the one thousand dollars a year. The question being on Mr. DaLe’s amendment to strike out $1,500 and insert one thousand, the question was divided; and being taken on striking out was decided in the affirmative—yeas 86, nays not counted; and then being taken on inserting, was decided in the negative—yeas 44, nays not counted. Mr. CAMPBELL of Jo Daviess offered the following as a substitute for the amendment of Mr. Knapp, to strike out the original section and insert—“the Governor shall reside at the seat of government, and receive at stated times, as a salary for his services, the sum of two thousand dollars per annum, which shall not be increased nor diminished; and shall be ex officio fund commissioner.” In offering the above, he explained the many duties which the Governor would be obliged to perform. He was obliged to be at the seat of government, as duties required the actual presence of the Governor every day. Requisitions from other States for persons charged with crime, were coming here, and the Governor and he alone was obliged to act upon it; for they required his personal action upon them. He was to decide upon their legality and could not delegate the power to do so to any other individual. They were cases requiring the exercise of his own judgment, and unless he were here to attend to them, the parties would have to hunt him up in all parts of the State, and the end of justice would be defeated by the escape of the accused. The same would apply to petitions for pardons, requiring an exercise of power, judgment and discretion which could not be delegated to any other person. He alluded to the fact that no man of any ability could be selected to fill the office at one thousand dollars a year, and it was not to be expected that the Governor was to live in a style beneath Something must be allowed for the refinements of mind: somet in must be allowed to the accomplishments of thought, for th State, would occupy a post where such things would be lo for, and there should be an allowance for something more for the level of society. True these accomplishments of the the aristocracy of intellect, were open to all, and should de recollected that a man gave up all other business to attend to’ office of Governor—and had he a family, had children to ed ate how could it be done with such a pittance? He had a right educate his children and it should be every delegate’s ambi to place it in the power of every man to give his children an cation equal to their standing. He (Mr. C.) had lived at $1,000 for four years—that is he did’nt live at all. — $1,000 for two years, and then was cut down to $800, and h speak from experience that the salary was not sufficient to a man a living. He had remained here four years in office, went home poorer than when he came; he went home and fo himself out of business, his clients all gone, other lawyers hi taken them,and he found himself like [a] young man just star the world; and now was forced to commence anew, to go to w at his profession to support himself and family. Mr. C. follor the subject much further and concluded by remarking, th they allowed picayune salaries they must expect picayune 0 —if dollar salaries dollar officers. sei), rh. Mr. DAVIS of Montgomery replied, and in the course of remarks, reminded the committee that at the last session of the. islature there were a number of candidates hanging round tl Legislature for a vacant judgeship, and the salaries were then bt SATURDAY, JULY 10, 1847 381 then to have the office at one thousand a year. He opposed any sum over that proposed by the committee, and would vote for that all through. _ Mr. LOGAN advocated an increase to fifteen hundred dollars, as nothing more than a fair and reasonable compensation. He ‘thought the effect of reducing the salary to one thousand, would be to give the office entirely to men who were rich, and who could afford to live even without the salary. He found it difficult even for him to live here on one thousand a year. He said that when the salary was at one thousand, they had Gov. Duncan, one of the wealthiest men in the State; Gov. REynotps another, Gov. Epwarps and Gov. Co es, both rich men, and all of whom could afford to live as Governor of the State without reference at all to the salary. He alluded to the difficulties attending the adminis- tration of affairs, if the Governor resided elsewhere than at the seat of government, and thought the proposed saving, by allowing him to reside at home, would be of more expense to the people having business to transact with him, and which required his atten- dance, would be more than the proposed increase. He thought it Was poor economy; it was spoiling a knife worth twenty-five cents to skin a flint not worth a farthing. Mr. GREEN of Taz[elwell said, that when the section had been proposed he thought it perfectly proper; then came the amendments, and he had watched to see who were in favor of amending; then he had endeavored to satisfy himself as to the motives inducing them toproposetheamendments. And although it was not proper at all times to allude to motives of gentlemen, he hoped he would be pardoned in stating what had been his impressions. He had looked around at those who had proposed the increase, and had come to the conclusion that they all had a sly notion that at some time or another, they would becalled upon to occupy the office, the salary of which we were now about to fix. This was more evident to his mind, from the fact, that his friend from Sangamon and his friend from Clinton, whose chances were very desperate and the probability very slight, proposed only the moderate increase of two hundred and fifty dollars; but the gen- tleman from Jo Daviess, whose chances were fair, who was on the right side, and who had the start of his competitors, had stopped willing to “sblige these Beiecep but. fe felt the State, which was much embarrassed and the patriotism of ae gentlemen, ie i be ta get along without them, that they would gene ally services at one thousand per annum. — aie Mr. HOGUE moved the committee rise was carried, and the chairman reported and a: again. Granted. tee Mr. SCATES suepested Y to the members tion adjourn till ae at 9 A.M. Carried. 7 _ -XXIX. MONDAY, JULY 12, 1847 Prayer by the Rev. Mr. Patmer of Marshall. Mr. LOCKWOOD presented certain propositions in relation to the redemption of land sold for taxes, which he said he would call up at some other time. -_ Mr. HURLBUT moved that it be laid on the table, and 200 copies be ordered to be printed. Ordered. Mr. SCATES, from the committee on the Judiciary made a report. Mr. MARKLEY moved that 200 copies be printed. Ordered. Mr. SCATES, from the same committee, reported back sundry resolutions, and asked to be discharged from the further consider- ation thereof. Granted. Mr. DAVIS of Massac presented a report of the minority of the Judiciary committee. Two hundred copies ordered to be printed. Mr.CAMPBELL of Jo Daviess moved a call of the Convention, and 124 members answered to their names; and then further pro- ceedings were dispensed with. Leave of absence was granted to Messrs. KREIDER, SHARPE, Morris and MILter. Mr. HURLBUT, from the Judiciary committee, reported certain additional sections to be added to those reported by the committee on the Judiciary. ~ _ Mr. ROUNTREE offered a substitute. Mr. SCATES moved they be laid on the table, and 200 copies of each be printed. Carried. Mr. DAWSON offered a resolution that a majority of the Con- vention shall constitute a quorum to do business, till the 20th, and that hereafter that no member shall have leave of absence, unless on account of sickness. Mr. SCATES moved that the Convention resolve itself into committee of the whole. Carried, and Mr. Crain took the Chair. The committee resumed the consideration of the report of the 383 384 ILLINOIS HISTORICAL COLLEC' TIONS. seh Executive committee. The question pending was on the su tute for Section 5, offered by Mr. CampsBeE t of Jo Daviess. b. Mr. LOCKWOOD made a few remarks in favor of the Gor nor being required to remain at the seat of Government during term of office. Legislature and that of the Governor. In the former case, the} were called here in the winter season, when farmers could lose ; crop, when lawyers could attend the supreme court at the sai time, and when, from the shortness of the session, no perso business would be injured or neglected; while the Governor obliged to sell out his furniture at home; give up all his busines if a farmer, rent his farm—if a lawyer, lose all his clients, and here four years, entirely cut off from any other business. — thought the reduction of the salary to $1,000 would have the effe of excluding all poor men from the office, and secure it to the ri that the State would be deprived of the talents which povert possesses, and have rich men for Governors howe they w stupid and incompetent. Mr. PINCKNEY thought that $2,000 was cxtrayaeanel would vote for $1,500 a year as the salary of the Governor. — Mr. McCALLEN thought the discussion upon the salary w premature. He would like to know what duties were to be quired of the officer, and whether he would be required to resi here, before he could vote upon the amount of his salary. If the office was to be a mere nominal one, one of empty title onl $500 would be sufficient, but if required to reside here, and gi up all his other business, and devote himself to the duties of office, $2,000 was nothing more than a fair remuneration. Hey of opinion that the effect of allowing but a small salary wou be to deprive every poor man in the State of the privilege of ho ing the office, and to raise up an aristocracy of wealth which was our policy to oppose. Mr. PALMER of Marshall advocated the amount proposé by the committee—$1,250. Mr. CAMPBELL of Jo Daviess modified his substitute leaving the amount of salary blank; and it was then adopted. — MONDAY, JULY 72, 1847 385 _ Mr. WEST supported $1,500 as a proper sum. Mr. CAMPBELL of Jo Daviess said, that at the suggestion of his friend from Madison he would move to fill the blank with $1,500. Mr. SCATES opposed the amendment as an unnecessary ex- travagance, in the present circumstances of the State; and was of opinion that the proper inquiry was, what sum was necessary to ‘enable a man to live comfortably and well, and not what was re- quired to enable him to live extravagantly.—The State should allow her Governor a sum sufficient to support him while in office, ‘and no more; he did not think he should be paid for his services. He had made inquiries, and was informed that his friend from Sangamon, (Mr. Epwarps) who, as everyone was aware, lived well, gave the most elegant and sumptuous entertainments, and whose house was always open to the members of the Legislature and strangers, had said that his expenses did not exceed $1,200 a year. Upon this sum, said Mr. S., I think the Governor may live comfortably and well, and I do not think that any one who may hold the office will desire to exceed in comfort and hospitality the gentleman from Sangamon. _ Mr. THOMAS moved to fill the blank with “two thousand dollars;” and, on a division, the motion was lost. Mr. CAMPBELL of Jo Daviess said, that he would like to ask the gentleman from Jefferson, if he, when he was receiving fifteen hundred dollars a year as judge of the Supreme Court, succeeded in laying up a large sum of money? Did he complain that that pay was too large, too extravagant? If there were any such com- plaints made, he (Mr. C.) never heard of them; but he had, when the salary was at one thousand, heard them declare from their seats that it was impossible for them to live at that pay and sup- port their families. Mr. DAVIS of Montgomery replied, that the judges were obliged to be absent from their families for nine months in the year; that they were obliged to pay tavern bills, when board was at one dollar to one dollar and fifty cents a day, and that their expenses were such that one thousand dollars was not sufficient. Mr. EDWARDS of Sangamon said, that he was sorry his name had been introduced, as the remark had been made by him with- case of a Governor who came hae from another pe: cidk ao As to the hospitality which the Governor would be obliged t t he did not think.this should have any weight upon the quest Past experience, and he made the remark in no spirit of unk or of personal application, had clearly satisfied him that it be dispensed with. Not one of the State officers who had resi here for years past, with the exception of Mr. Walters, ever shown any hospitality to strangers or members of the Legi or had kept an open house, such as spoken of by gentler Moreover, he was informed that the present Governor ren the house provided for him by the State, and has the am the rent deducted from his board. He thought the sum pr by the committee sufficient. Mr. CAMPBELL of Jo Daviess said, that the reason no parties, nor kept an open house while he was a State offic that the State did not allow him enough to do so with. Mr. EDWARDS said, he did not refer to the gentleman; h well known spirit of hospitality and friendship satiefied a nat was not his fault, if he was not generous. i The question was taken on the motion to insert $1, result yeas 55, nays 62. Some misunderstanding having ex in relation to the vote, a recount was had, and resulted y nays 63, and the motion was lost. Mr. McCALLEN moved to amend by inserting, “the o offic Governor shall be let to the lowest responsible bidder.” — Mr. GEDDES moved to fill the blank with $1,250. Mr. NORTON proposed $1,400. Mr. KNOWLTON proposed $1,450, and the heart taken on the $1,400, it was decided in the negative—y nays 71. The question was taken on $1,450, and resulted 28, nays 70; noquorum. A motion was made that the cor rise, and decided in the negative—and then the amendm« lost. The question was taken on inserting $1,250, and res MONDAY, JULY 12, 1847 387 eas 83, nays 22; noquorum. And then, on motion, the commit- ee rose, and asked leave to sit again. Granted. On motion the Convention adjourned till 3 Pp. m. AFTERNOON ~ Mr. SHUMWAY moved a call of the Convention, and the ‘Convention was called, and 99 members answered to their names; after some delay a quorum appeared. ~ Mr. LOCKWOOD moved to take up the resolution which had ‘been laid on the table in the morning, providing that a majority ‘shall constitute a quorum—yeas 41, nays 40, no quorum. A second vote was taken, yeas 56, nays 49; no quorum. The yeas and nays were ordered, and the question was decided in the nega- tive—yeas 41, nays 71. Mr. CAMPBELL of de Daviess moved the Convention ad- journ. Lost. Mr. AIKEN offered the following: Wuereas, Mr. HAtcs, in a sermon on the 11th day of July, in the 2d Presbyterian Church,denounced the existing war with Mexico, as being unjust; and whereas, such declarations ought not to be tolerated, more especially in a republican government; and whereas, it is unbecoming in a Minister of the Gospel, to use such language in [a] Gospel sermon, or before the young and rising genera- tion, therefore; Resolved, That said Mr. Hale be excused from holding prayers in this Convention for the future. Mr. CROSS of Winnebago moved to lay it on the table. Yeas 71, nays 23: no quorum. The yeas and nays were ordered and resulted—yeas 82, nays 36. Mr. LOCKWOOD offered a resolution that a majority of the Convention shall be a quorum to do business till the 20th inst. Yeas 45; nays not counted. Lost. Mr. CAMPBELL of Jo Daviess moved that the Rev. Mr. Hale be excused from praying in this Convention for the future. Mr. C. said that so far as Mr. Hale was personally concerned he felt kindly toward him, but he objected to any man speaking of those who had gone forth to fight the battles of their country as a moral pest to society. Sean i Bae Seed aS 388 ILLINOIS HISTORICAL COLLECTION C. replied he had not. Mr. T. on said that second-hat dence was inadmissable ee what had been said by the aanflene from Jo Daviess. particular in noticing the language used. Mr. WEST said, that he was present ind heard the se: there were many honorable exceptions. ; Mr. CAMPBELL of Jo Daviess. Honorable exceptions i body of men who had perilled their lives in a defence of country! Worse than the other. Mr. WEST. He said exceptions amongst the poleneeseaae ry Mr. CAMPBELL. Well, honorable exceptions amongst thos who had battled in the cause of their country! ) Mr. SINGLETON said, that in order to obtain infornigelal ¢ what Mr. Hate had really said, and to enable him to de himself, he would move to lay the subject on the table. Car Mr, KNAPP of Scott offered the following resolution: Resolved, That the Convention highly appreciate the ser of the volunteers, both officers and privates, of this State, who perilled their lives in the cause of our common country in the y with Mexico, that their fame is established upon an immova basis, far above the reach of calumny, having earned for t selves a character that needs no vindication, and which anne impaired by detraction. Mr. CAMPBELL of Jo Daviess moved to add to ‘the re tion the following: “‘And this Convention highly deprecai reflections upon the character of the volunteers, coming fror pulpit or any other source.” On this resolution and amendment a debate ensued, in whicl Messrs. Dertz, CAMPBELL of Jo Daviess, PincKNEyY, and B VI of Montgomery participated. 3 Mr. LOGAN moved to insert after the hed “character, in the amendment, the words “for courage or patriotism.” a ie MONDAY, JULY 72, 1847 389 he question being taken thereon, it was decided in the negative; and then the amendment of Mr. Campzett was adopted. Mr. PALMER of Macoupin offered a preamble and resolution, as a substitute. The preamble contained a recital of the general principles set forth in the constitution of the United States, and. the resolution disclaimed any power to control an expression of opinion by any person. The debate was resumed and continued by Messrs. ARCHER, ~McCatien, Servant, Locan, Patmer, and CampsBett of Jo Daviess. Mr. Campse tt of Jo Daviess moved to lay the substitute on the table. Mr. Patmer of Macoupin moved to lay the whole subject on the table. The question was divided and taken first by yeas and nays on laying Mr. P.’s resolution on the table—yeas 60, nays 54. Then on laying the preamble on the table—yeas 9, nays 102. Mr. MARKLEY moved to refer the preamble to the commit- tee on Bill of Rights. _ Mr. EDWARDS of Sangamon raised a point of order—could the preamble be so referred? _ After argument in opposition to the order of the motion by Mr. Casey and Mr. Locan, the Cuair decided the motion to be in order. ‘Mr. SERVANT moved to lay the motion of reference on the table—yeas 53, nays 44. No quorum. Mr. GEDDES moved the Convention adjourn till Thursday at 3 P. M.—yeas 41, nays 51. Lost. The motion to lay the reference on the table was then put again and carried. The question was then put on the substitute, (the preamble) and resulted yeas 44, nays 50. No quorum voting. Mr. CAMPBELL of Jo Daviess moved the Convention adjourn till Thursday at 3 p. m. Mr. BOND moved the Convention adjourn sine die—ayes and noes demanded, and then the motion was withdrawn. Mr. WHITESIDE moved the Convention adjourn for two weeks. 4 Lien till the 1 Oy af Scenes Mr. BOND renewed his motion to ‘adjo n Sin and noes were demanded and ordered. Rainy th. Mr. Z. CASEY appealed to the gentleme | to ‘motions, and to the Convention to proceed th t which they had been sent. He deprece ted t ie Messrs. WHITESIDE, BOND, CAMPE severally, withdrew their motions, and the ( to attend the funeral of Col. Hardin, at Jacks 71 adjourned till T[hlursday at3P.M. XXX. THURSDAY, JULY 1s, 1847 _ The Convention, pursuant to adjournment, met at 3 P. M. _ Mr. DAVIS of Montgomery said, there was apparently no “quorum present, and probably there was not in town. He, there- fore, moved the Convention adjourn till to-morrow at eight o’clock; and the question being taken on the motion, was decided in the negative. _ Mr. PETERS moved a call of the house; and it was ordered. _ The Convention was called, and after the absentees had been called again, a quorum appeared. Mr. Z. CASEY moved that all further proceedings under the call be dispensed with. Carried. _ Mr. Z. CASEY moved the Convention resolve itself into com- ‘mittee of the whole, and the Convention did resolve itself into committee of the whole—Mr. Cratn in the chair, and resumed the consideration of the report of the committee on the Executive Department. The question pending, was on filling the blank, in the substi- tute proposed by Mr. Campse t of Jo Daviess for the fifth section, with the sum of $1,250, (annual salary of the Governor;) and the vote being taken thereon, it was decided in the affirmative. The section was then passed over informally for the present. Sections 6 and 7 were passed without amendment. Sec. 8. The Governor shall have power to grant reprieves, commutations, and pardons, after conviction, for all offences except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the General Assembly at its next meeting; when the General Assembly shall either pardon the convict or commute the sentence, direct the execution of the sen- tence, or grant a further reprieve. He shall, biennially, communi- 3g! 392 cate to the General Assembly each case of reprieve, commu ati or pardon granted; stating the name of the convict, the crim which he was convicted, the sentence and its date, and the d of commutation, pardon, or reprieve. Mr. PETERS offered to amend. After “applying f dons,”’ at the end of first sentence, insert, Pa he shall als the indictment shall be pending, shall recommend to him to ¢ fi such pardon;” which amendment was adopted. Mr. KNAPP of Scott moved to insert after the word “q where it first occurs, the words, “‘and his reasons for granting pardons.” a Mr. HARDING offered as a substitute for the amendment “and at the time of such pardon he shall publish at large his rea for granting the same;” which substitute was rejected. — And the question beak taken on the amendment, it re yeas 37, nays 59—no quorum voting. And a second vote ‘bei taken, it stood, yeas 35, nays 70—no quorum voting. At ds committee rose and reported that fact to the Convention. Mr. THOMAS moved a call of the Convention. Ordere and a quorum responded to their names. The Convention 1 resolved itself into committee of the whole again, and the being taken on the amendment, it was decided in the negatit Mr. HARDING renewed his substitute as an amendme t and the same was again rejected. “ Mr. TURNBULL moved to strike out the words “ bien fe the General Assembly” and insert “publish in the several f published at the seat of government.’ Messrs. ARCHE Davis of Montgomery opposed the amendment and Mr. Bs BLE advocated its adoption. a The question being taken, the amendment was rejected. | a Mr. McCALLEN moved toamend by inserting after “treason” the word “murder.” He said, that when the report of the Judiciary committe before the Convention, he intended, if none else did, to mo abolition of capital punishment, and the object’ of this amendr ne was to meet that proposition. He desired that when a man THURSDAY, JULY 15, 1847 393 . convicted of Beier, that he should not be hung, and at the same ‘time he wished to place him beyond the reach of the pardoning _ power, by the Governor. Mr. KINNEY of Bureau opposed the amendment briefly. ’ The question being taken on the amendment it was decided in the negative. Sec. 9 was passed without amendment. Sec. 10. He may, on extraordinary occasions, convene the General Assembly by proclamation, and shall state to them, when assembled, the purpose for which they shall have been convened; and the General Assembly shall be limited in their action to such matters only as the Governor shall lay before them. Mr. PETERS moved to add at the end of the section: “Ex- ‘cept at such special session trials of cases of impeachment may be had, and removals from office made in the manner provided in the constitution.” And the question being taken thereon, the same was rejected. Mr. SCATES moved to insert after “occasions” the following: “which would cause great and irremediable injury by delay;” and, on a division the amendment was lost. Mr. THORNTON moved to strike out all after the words, “the general assembly shall,” and insert “enter upon no legislative business except that for which they were specially called.” Mr. CHURCHILL offered the following as an amendment to the amendment: strike out all after the word “proclamation,” and insert, “the general assembly, when so convened, shall have the same power, and be liable to the same restrictions as in a regular session.” And the question being taken thereon, the same was rejected. The question recurring upon the amendment of Mr. THornTon, it resulted, yeas 43, nays 60; no quorum voting. A second vote was taken, and the amendment lost—yeas 42, nays 68. Mr. McCALLEN moved to strike out all after “proclama- tion.” Mr. DAVIS of Montgomery moved to strike out all after “convened;”” which was accepted by Mr. McC. as a modification of his amendment. 394 ILLINOIS HISTORICAL CO1 fa: Mr. CONSTABLE moved the commit and ask leave to sit again; which was carri The committee then rose, reported prog | sit again; which was granted. A motion was made that the Convention a at 9 A. M., but the motion was negatived; and t Convention adjourned until 8 A. M. to-morroy XXXII. FRIDAY, JULY 16, 1847 ‘Prayer by Rev. Mr. Green of Tazewell. Messrs. MOFFETT, JACKSON, KNOWLTON, BROCK- N, and FARWELL, presented petitions from their respective inties, praying the appointment of a superintendent of common “schools, all of which were referred to the comm ttee on Education. eg: _ Mr. WOODSON offered the following as two additional rules; which were adopted—yeas 71, nays So: Rute. No resolution or proposition which has been or which shall be hereafter introduced in the Convention shall be considered unless it relates to or is directly connected with the “alteration, ‘revision or amendment of the constitution,” without the consent | “of at least two-thirds of the members of the Convention previously obtained, and if such consent be so given, the same whall be voted on without debate. _ Route. Hereafter, immediately after the reception of petitions and reports from the standing committees, the Convention shall resolve itself into a committee of the whole on the reports of standing committees, which shall be the standing order of the day — the same are concluded. Leave of absence was granted to Messrs. JAMES, KITCHELL, PALMER of Macoupin. _ Mr. WEAD, from the special committee on townships, and the organization thereof, made a report containing a proposed article to be incorporated in the constitution; which was read, laid on the table, and 200 copies ordered to be printed. The Convention then, on motion, resolved itself into committee a the whole, and resumed the consideration of the report made by the committee on [E]xecutive Department—Mr. Crain in the chair. _ The question pending was on the amendment proposed by Mr. McCALLEN. _ Messrs. MINSHALL and EDWARDS of Madison made a few 395 is 396 ILLI NOI S HISTORICAL COLLECT! ONS remarks in opposition to the amendment and 1 in favor of the se tion as reported by the committee. a Mr. KINNEY of Bureau said, that he would be in favor of h report of the committee if he thought that it would hereafter | construed in the manner intended by the committee, but he < sidered that another interpretation than that intended woulc placed upon it, and he would, therefore, move to strike out last clause, and have the same idea inserted in language that ( not be misconstrued. Mr. LOGAN said, he desired to say a few words in explanat of the position he occupied on this question. He thought he sa when looking at this question through the dark vista of futu: scenes of tyranny, oppression and misrule; a violation of the great principles of republican government, and the constitutional es lishment of a legislative department, abandoned to the power a control of one man, styled Governor. This would be the ef of the last clause in the section now before us, if retained in constitution. He opposed the section in its present shape, because it confe upon the Governor legislative power, which was not contempla by any of the States, or the people of this State, when they pi posed to establish a republican form of government. Our gover ment was one of three co-ordinate branches, and it was nev designed that either one of those departments was to invade | the duties of the others, or in any way assume the peculiar fu tions not belonging to itself.. The clause in the section now bet us placed in the hands of one man the great and dangerous po to direct and control the Legislature in its actions—to say t “thus far shalt thou go and no farther;” to say to it what acts required them do, and to deny them the right of legislating upo those subjects which he had no desire should be touched. T section gave him this dangerous power over the action of Legislature at a called session, and if the principle was good special session, why would it not hold good at the regular sessio If it was safe and proper to give him the power at one session, not let him have it at all sessions? If the great evil to be drea at special sessions. was excessive legislation, and this section V intended as a remedy for that, why not apply it to general sessions; FRIDAY, JULY 16, 1847 397 for the remedy if good in one case was good in the other. He thought that under the spirit of our system of government, the legislative power properly belonged to the Legislature as the im- mediate representatives of the people, and that it contained the views and sentiments of the people, and a better knowledge of what laws the people desired than under any circumstances could be possessed by a Governor. And he objected against the bestow- al of such an immense power upon the Governor. The constitu- tion never contemplated conferring any legislative power upon ‘the Governor; it gave him the power to call the Legislature together when extraordinary circumstances required it, because that body had no power to call themselves together. He also opposed the vesting in the Governor the power to call a session of _ the Legislature, and propose to them, as long as they continued in session, new schemes and projects. He desired to see the object set forth in the proclamation calling them together, and none other allowed, as it would be found to be the case that the Governor would find himself beset by friends, political friends, who would beg him to recommend to the Legislature favorite measures desired by them, and they, in their turn, would support the schemes of the Governor, and thus, by a system of combination and log- rolling, the Governor would be enabled to wield an extensive legislative power. He would thus become a central power, and could control the others. He thought the Legislature the proper body to judge of what was its proper duties, and what ee was required for the people. Mr. KNOX moved, as an amendment, to add to the section “at the commencement of the session.” _ Mr. BROCKMAN followed in favor of the section as it stood. He thought the general sessions of the Legislature, to be held biennially, would be sufficient for the legislation required by the people, and for the stability in them so much desired; and that the extraordinary session should be devoted solely to the business which the Governor should lay before it. He had full confidence in the Legislatures that might come after us, and dreaded no such evil results as had been predicted by the gentleman from Sangamon. Mr. HAWLEY opposed the section as unprecedented, and as 398 one calculated to defeat the object of the format ent legislative department. and coanmeeeted the probability of the evils deg ts man to be consequent upon the adoption of this secti ’ Mr. DEMENT was in favor of the old constitution as 1 in reference to this subject, and opposed to the section | by the committee. He did not believe that the effec restriction would be to restrict legislation at the extr: session, but would rather increase it. Every member 1 any particular subject which he desired legislation upon, 1 On upon the governor and request him to call the attention legislature to it; and if he had not the influence with the Gor he would by the intervention of friends, obtain that pi The Governor would feel obliged, from feelings of courtesy, so, and thus every sort of matter would be before the and that too with the sanction of the governor’s recom that they were matters of importance. And, in this Governor himself would be placed in a very delicate p either to recommend trifling matters or to lay himself ope charge of denying one man’s request when he may have to that of another. He thought there was no danger in entr the legislature with all matters, and allowing them to be the f judges of what was required by the people. He again , would prefer the provision as it stood in the old consti the section as reported by the committee. Mr. DAVIS of Massac said, that he supposed +e obj committee, in reporting the section, or the last clause o: prevent any legislation upon matters other than those it had been called. He was in favor of the object whi had in view, but he did not believe that it would be effe: section as it now stood. The clause, which it was p to strike out, placed in the hands of the Governor the : recommend and lay before the legislature at this extrz session, any subject which he might think proper, whe subject had any reference to the specific object of the calle or not. Mr. D. was not willing to give the governor t is by Ay he would be enabled to regulate the action of th ) tae Sosy bats oS oe ee sk eo aes Sie yt . Ws FRIDAY, JULY 176, 1847 399 e by submitting to them whatsoever he thought proper, and i legislation upon subjects which he only, perhaps, had a : lesire or an interest in having legislative action upon. He was posed to it because he considered that when the legislature was ed together, which should be only when extraordinary business uired their immediate action, they should be confined in their ctions to the object for which they were called, and should enter . o no business but that stated in the proclamation. He would € against the amendment offered by the gentleman from Knox, order that the amendment offered by the gentleman from elby (Mr. THornTon) on yesterday, and which had been voted wn, might be reconsidered, and adopted. That amendment defined, in proper terms, the action of the legislature at the extra- ordinary session, and prohibited any general legislation. It was | similar toa provision in the constitution of the State of Tennessee, and he was sure it had not been understood, or else it would have been adopted. if Mr. WEAD was in favor of the section as it had been reported, ad opposed to any amendment. He thought that it was under- stood that the people of the State felt there had been too much Tegislation in Illinois, and they had been informed upon that subject to-day, by men of experience and of age. That there had been too much legislation none could deny; and to remedy that evil and guard against it for the future, was one of the princi- pal reforms expected from this Convention. Laws had been ‘passed at one session and changed at the next; and all this was to & prevented for the future. Tt. however, general legislation was desired more frequently pd once in two years, why not have the Legislature meet every ‘year, and do away with the provision for biennial sessions? He : considered this matter settled and thought the only question now for them to dispose of was, what restrictions should be placed upon the action of the extraordinary sessions, which might be called by ‘the Governor. It was, should we confine them to legislation upon the subjects contained in the proclamation by the Governor or to what i is laid before them, in his message to them, when they | have assembled or shall we allow them to act upon what he may lay before them from time to time, during the session or x , for additional associate justices, not exceeding two others, 2 appointed as provided for in this constitution;” which was 2 voters of the state on the first Monday in March after the adopt 456 ILLINOIS HISTORICAL COLLECTIONS — Mr. WITT uted to insert after “age,” “and who shall been a citizen of the United States for five years;” which ° adopted. 7 Mr. WEAD moved to strike out the section and insert supreme court shall consist of three judges, any two of whom form a quorum; and the concurrence of two of said judges shal. all cases, be necessary to a decision,” and the same was reject Sec. 4. The justices of the supreme court shall be elec: by the qualified voters of the state, on the first Monday of Ma after the adoption of this article; returns whereof shall be mad the Secretary of state, who shall count the same in the presen the Governor and Auditor, or either of them; the three pe having the highest number of votes shall be elected. 7 Mr. SERVANT moved to strike out “elected by the qual of this article,” and insert “appointed by the Governor, by with the advice and consent of the senate.” He said t knew his amendment would not be adopted, but he desired the his constituents should know that he had acted according to h sentiments. If he thought he could carry the amendment I would speak for a month and log roll with every member o Convention; but he knew differently and would do no more t propose the amendment. : Mr. PETERS addressed the Convention till a late hou support of the amendment, and without concluding, gave way motion that the committee rise. The committee rose, and then the Convention adjourned w 8 A. M. " XXXIV. TUESDAY, JULY 20, 1847 ¥ Prayer by Rev. Mr. Green of Tazewell. _ Messrs. Kinney, of St. Clair, Weap, and Cross, of Winnebago, P resented petitions praying the appointment of a superintendent of schools; referred to committee on Education. _ Mr. ROBBINS presented the following resolution, which was : . : lopted: _ Resolved, That the committee on Finance inquire into the expediency of inserting in the constitution an article, requiring ‘the Legislature to ascertain from time to time the amount of the State debt—to apportion the state debt, according to the taxable " property assessed in the state. To ptovide by law that any indi- dual may pay his share of the said debt proportioned to his able property, and that such real estate as shall have paid its ‘share of state indebtedness, and the value of so much personal estate as shall have been paid its share of state indebtedness, shall be ever thereafter exonerated from any liability in consequence the state debt, and to provide from moneys raised by such oluntary payments, a sinking fund, with which to purchase the ‘state indebtedness. Mr. KNAPP, of Jersey, by leave, presented the following “solution, which was adopted: _ WHEREAS »A respectable minister of the Gospel, whilst attending the Convention to open its sessions by prayer, under a resolution fof this Convention has been grossly insulted and menaced with bodily injury by a member of the Convention; and whereas, it is ike due to the Convention and to the ministers, that we should ot invite them to perform that duty unless we could secure them ainst such indignities; therefore Resolved, That the resolution inviting the clergymen of Spring- eld to open the sessions of the Convention with prayer be re- scinded, and that the secretary inform the said clergymen of the same, with the assurance of the Convention, that this step is not adopted from any dissatisfaction with the manner in which they 457 OO ge, ae ee pad Sa ie SEBO OS Sy we S's have discharged Le sacred duty, but solely hon an Sunil ness to subject them to a repetition of such indignities. The Convention then resolved itself into committee | whole—Mr. Scates in chair. Mr. PETERS said, that the question now Hane pian was of greater interest to him than any other which would come them; and it was this reason that had induced him to detain Chavcniin much longer than under other circumstances would have done. He had prepared a proposition to ame section, and would have offered it had he not been anticipated the motion of the gentleman from Randolph. He would ha read: (the secretary read the proposition.) Mr. P. said, tha proposition just read was not the one which he preferred most, b it was one which would secure the independence of the judicia and with the independence of the judiciary, the rights and li of the people. He had argued yesterday, and would to-day, on the independence of the judiciary of the government, S the liberties of the people. When that department was placed such circumstances—exposed to all the dangers of a. change legislative action or the popular clamor—it was easily induce swerve from the path of rectitude, and its purity endangered becoming dependent upon them for support. The great guard of all liberty was gone when the judiciary became d ent. He alluded to the history of the judiciary in England, said, the time was when it was the prerogative of the cro make and unmake judges—to command them—to rule by th terror of power their decisions, and make them the instrume of tyranny; but the time came when the monarch was for abandon this part of his prerogative, and give up the right « removal of judges from office, except on the address of his gentle men in the commons. Prior to that time they were the creatt of the crown, and bound to its behests; since then, and ever al the revolution of 1680, we find them independent, and as firr as adamant in opposition to the tyrannical encroachments of th kingly power. In the Swiss cantons the independence of dl judiciary was most safely guarded; the people there fear so that their judges will be influenced by the party appo! at them that they, when they have to appoint a judge, send to ot TUESDAY, JULY 20, 1847 459 for a suitable person to fill the office, in order that he may among them free from all influence upon his actions by a for the persons selecting him. In Spain, too, he found an x nion over the administration of the laws. The people were er safe under such a rule. A change came, the judges were de independent of all parties, and removed from the influence e lords, and public safety was secure. He could not illustrate beauty of an independent judiciary and of the great confidence eated in the minds of the people, better than by relating an dote told of the great monarch Frederick. He was once g outside Berlin, when he met a boy carrying fruit; he asked boy to give him some of the fruit. The boy replied, “I cannot, I am carrying it to my mother.” “TI will buy it of you.” “No, IT cannot sell it, I must carry it to my mother.” “I will tell the ing that you refused it to me for money.” “I cannot help it, will not sell it.” “Then,” said the monarch, “I am the king, will make you give up the fruit.” “I don’t care if you are ie king,” said the boy; “‘if you take it from me, there are judges Berlin!” This, sir, was the greatest boast of that monarch, t his people could exclaim, “‘we have judges in Berlin.” He ag the experience of the past had shown that the old node no selecting the judiciary was safe, and had worked well, and he deprecated any departure from it, to enter into the un- own paths of this untrodden system, with no lights of experience to guide our footsteps. The greatest man who had ever distin- guished the tribunals of the country, had said, when an attempt made to overturn the judiciary system of Virginia, that on independence of the judiciary, and its removal from all in- mces, depended the liberties of the people. Mr. P. here read an extract from the remarks of judge Marshall in the Virginia pnvention. He would refer also to another Virginian, Mr. ferson, who had said repeatedly that we should have our judi- y independent and far removed above all influences and biases; | that, if this were so, no matter how corrupt the legislative or executive departments might become, the people would always ta Pe OD CAL Oe ‘dangerous action. Mr. P. thought that an flees em 460 have one safeguard, and an invulnerable protection from tt could not secure to us an independent judiciary. Judge Mar has said: ‘would you place on the jury a man who was interes S in or to be opposed by the result of the verdict?” And Mr. asked, would you trust a man on your bench whose very offi whose salary, whose means of living, and the very bread for wife and family, may depend on the decisions he will mz when he, if he offend that power or that party which put hi office, knows and feels he will be by them put out again? — any man, can any man, say that such a system will secur independent judiciary? He had as high an opinion of the ge intelligence of the people as any man, but he would not fl the people by attributing to them qualifications which they not as a body possess, nor which they would claim. He not disposed to say that the masses of the people were all co m tent judges of a man’s capacity as an expounder of one of the m abstruse sciences. He was not ready to admit that they ¥ all competent to judge whether a man whom they never saw read a sufficient number of books upon law—whether he had - mind to understand what he had read—or was qualified with knowledge sufficient to discharge the duties of a judge. And a capacity to decide this question was an important requisite to possessed by one who was called upon to choose a judge. A mé presented himself to the people as a candidate for the pro of chemistry, would any one say that the masses of the pec were competent to decide whether that man understood the sc of chemistry, or qualified to teach it? Mr. P. said, that although he might draw upon a censure of the people and the press, he thought his position a rect one, and would follow it, even if he stood alone. He did think the people desired an elective judiciary—they wanted to take from the Legislature the power to elect them. Foreign were coming into our state, many who did not understand. language; they, in six months, were permitted to-vote, were qualified to judge of the abilities and learning of a man to fill office of a judge? They were good men, but not compete: TUESDAY, JULY 20, 1847 461 i’ to select Hlanest men to represent them in the Legislature, when “you open to them, the greater privilege, and recognize in them, the ‘capacity of judging of the qualifications of judges of law? He _ reviewed, at great length, the history of the State of N. York; My alluded to the elective provision in the constitutions of Niiscour! | and Wisconsin which had been rejected. He alluded to many vis abuses under the operation of the system in Mississippi. He sis ‘referred to the dangers of an elective judiciary in times of excite- _ ment, asked where would be the independence of a judge elected in Hancock county, during the Mormon excitement, and in the ‘same manner to the Massac difficulties. He felt he had discharged his duty, and called upon the mem- bers of the bar to stand up for the independence of the judiciary. 4 He thought he saw many evils in this system: the rich oppressing me the poor, the strong bearing down the weak, and the weak appeal- if ing to the judiciary in vain. He thought he saw the judge ranging - around the state, making friends by his official decisions of those who would be powerful i in re-electing him. We have given but a skeleton of the remarks of Mr. P., who, on both days, addressed the committee for four hours, eliciting the _ closest attention. _ Mr. DAVIS of McLean followed in a speech of one hour’s Mi length in reply to the various positions assumed by the gentleman _ from Peoria. He reviewed the whole argument, and contended _ that the election of the judiciary was republican, and the most _ effective in establishing it independent. He thought the expe- “ rience of those states, in which it had been adopted, sufficiently demonstrated its utility, and beneficial consequences. He advo- : cated its adoption as the only mode of ridding Illinois of her present " inefficient system which had none of the confidence of the people, and’ ‘of establishing a system that would be entirely independent _ of the other branches of the government, and would always receive aay KT PA SH eh ee Tax. fe Af 7 462 reminded the members that any system might be abused, that an abuse was not a fair argument. The right of suff might and was often abused, but that was no argument against th right of suffrage. Some men had wealth, and abused the por it gave them, but that was no argument that it should be tal from them. He would rather see judges the weather-cocks public sentiment, in preference to seeing them the instrume of power, to see them registering the mandates of the Legislat a a and the edicts of the Governor. a He thought that even if the national judiciary were elected : the people, they would have made better selections than had bee ee made by the President for years past. They would have ch 4 judges, instead of broken down politicians. Y s Mr. GREEN of Tazewell replied to the gration . ; McLean, and advocated briefly the same views expressed b: 3 gentleman from Peoria. ie Mr. PALMER of Macoupin argued at much jeneth on same grounds presented by Mr. PETERS, against an ele judiciary. On motion, the committee rose and reported progress. he i And the Convention adjourned till 3 P. M. AFTERNOON The Convention was called and, as soon as a quorum appeal al resolved itself into committee of the whole, and resumed the sideration of the report of the Judiciary committee. ‘ Mr. ARCHER said, that he had listened to the remarks of gentleman from Peoria with great attention, but had not be convinced by what he had heard, that the election of the j judici was not demanded by the people, or that it was fraught ¥ danger to the liberties of the state. After alluding to the bene resulting from its adoption—by placing it above the contro the legislative or executive departments, and making entirely upon the people—the source of all power—for suppi and confidence, he scouted any danger to be apprehende the change in the system. TUESDAY, JULY 20, 1847 463 New York they had made a change from the old system to ctive principle, and it was done to meet the growing and ving opinions of the people in regard to their judiciary. In state they had no cause to complain of their judiciary, it high and elevated in the estimation of the people, its deci- were authority all over the Union, and the people felt satisfied ‘it, or at least they had no complaint to make. But a change e system was thought desirable by the Convention that met ame the constitution, and it was made and the people sus- it by a triumphant majority. If a change was desirable e, where there was no complaint, how much more so here, ere there was great complaint of the mode in which judges were ed they would become the mere tools of the politicians to m they owed their elevation. Such would be the case when an felt that he owed the office he held to the Governor by whom as appointed, but not so with the man chosen by the whole le. In the latter case he stood the choice of the people, to nme man was he compelled to acknowledge his election, but ed to them all as men whose interests he had been selected to h over, guard and protect. He alluded at great length to the capacity of the people to t competent judges to fill the bench of the supreme court, and lled the arguments of Messrs. PETERs and Patmer, that they not as well qualified to elect the judges, as to elect a man to q { 4 = j fs % * : 24 2 464 ILLINOIS HISTORICAL COLLECTIONS | _ why should any two of the departments of the government ass the right of creating the other, and of exercising over it a con After an allusion to the late change by the state of New Yor her judicial system, and an explanation of the anti-rent difficulti he referred the Convention to the period when the offices of con: stable and justices of the peace were made elective. Then th were the same cries made against the danger of political prejudi and influences being brought to bear upon the administratic justice. No where throughout the land could be found honest, upright, and impartial justices of the peace or in magistracy, than in those states where they were elected by people. In time the superior courts would be found to be as pure— as far removed from petty and political influences—as was inferior. Moreover, he thought it a possible case, that the t would come when.the people would discover that it was not nec sary to have lawyers on the bench. It had been supposed th none but lawyers should have been elected to this Convention frame a constitution, but in the election, the people had shor that they thought differently. Farmers, merchants, and mech ics, had been sent here, and they were not the least comp For one, he was not willing to give up every thing to la There had been eulogies passed upon the profession, and it ha the amendment.” Mr. KITCHELL was in favor of appointing the ‘ioe of h supreme court by the Governor and senate; and of the electio o! the circuit judges by the people. His views would be differen from those expressed by both sides. He thought the great ob tion on the part of the people to our present system was, that judges were elected by the Legislature; and then, another they held their office for life. The first prejudice against judiciary had arisen from a decision made by the supreme upon the question of the tenure by which the Secretary of S held his office. The only manner in which the evil decisio: Se oT eines of this speech by Knapp may be found in the Sang Journal, July 29 a TUESDAY, JULY 20, 1847 465 rt would be got over, was the increase of the bench, and ‘there were made nine judges for /ife. At last, to remedy this _ the present Convention was called, and the principal object to abolish the life system. The people were dissatisfied with mode of appointing the judges, in consequence of the great s of time by the Legislature in choosing the men, and in election- e for favorite candidates. He could see no necessity in ng the judges of the supreme court elective; that the le had a right to elect them as well as any other officer, he did t deny, but that such a thing was necessary he did deny. With @ circuit court it was different: the people knew all about the ididates, as they were men continually on the circuit, and the -eyed observation of the people would select the best men. people of Jo Daviess county knew nothing of a man who lived Wabash county. He alluded to this subject for some time, and mcluded by remarking that the object of the people in desiring ange, was to strike at the circuit judges, and not to have the ipreme judges made elective. ~Mr. WILLIAMS considered the question an important one, and desired to state the grounds on which he would vote. He had d the arguments of the gentlemen from Peoria and Macoupin inst an elective judiciary, but had not been convinced. He uld appreciate the sincerity of their sentiments, because at one he was as prejudiced, by early associations and opinions, in of the old system as they were. He had thrown off the kles which had bound his mind, and had come to a different usion on the subject. We had seen the working of the old m, and admired it—we had lived under it and saw no abuses— ad witnessed and felt all of its operations, and had heard nocom- t. We were attached to it because it had worked well. But was ten years ago. At that time a man who was in favor of ective judiciary would be a curiosity. At that time, as had said, they made a decision, and that it was complained But who made the complaint? If it had come from the ople, and they had stricken down the whole power of the court, ‘there might be an argument against the elective principle. the complaint came from the Legislature, and the court was sndent on the Legislature. Since then the system had not Much had been said of an independent paper tla whom? He agreed with all that had been said about the i pendence of the judiciary; but one object of the judiciary protect the people from the other branches of the gover and how was this proposed to be carried out? The old was to place the judiciary independent of the people, and de ent on the Governor and Legislature; the elective plan 1 make them independent of the Governor and Legislature dependent on the people for support against the other brane! the government. The object of the distribution of the pow government was that the one department may check another. pose you give a few men the power to make laws and carry 1 the e execution, itis simple and plain. Why not try that gov Because those few men may become corrupt. Gentle Let the Legislature and the Governor pass the laws, a those laws can go into effect, the judiciary must give th approval; therefore the judiciary has a control over the ot But they say to the Governor and Legislature you may that judiciary yourself! Mr. W. was in favor of a limite of office by judges. He here viewed the English judici replied to Mr. PETERS on.that subject. He opposed the of judges by general ticket as most objectionable, but an was better than appointment by the Governor, as good always appointed good judges, and bad governors al that the people thought second or third rate plitiians m : enough to fill that office. insert wilt had been Bea died by the ameneaeae vote for the election of judges by general ticket, but woul friends of both propositions of the elective system, to striking out; the question could then be taken on the v ositions. He urged upon all who were in favor of an elec the people to vote to strike out. TUESDAY, JULY 20, 1847 467 DAVIS of Massac hoped the motion to strike out would , he thought the general ticket system was the most objec- ble feature that could be proposed. Sooner than vote for : n by the Senate. ir. DAVIS of Montgomery expressed a similar view. HENDERSON moved the committee rise; which was , CAMPBELL of Jo Daviess warned the friends of an tive system to stand by the report of the committee as it stood, if this provision be stricken out, we cannot replace it. And h: would they then do? If stricken out they were precluded from el Hi g it again. Mr. LOGAN said, that when they got the measure into the vention and out of the committee it might be again inserted. Mr. CAMPBELL of Jo Daviess: Why not report the section moved that the committee rise, sahick was Mr. Z. CASEY appealed to the friends of an elective judiciary 0 vote against striking out. He warned them not to part with ; |, alte as it stood now. If the motion to strike out prevailed, “then they might give up all hopes of that system. He warned _ Mr. CAMPBELL of Jo Daviess warned the friends of the elective judiciary to maintain their ground. He assured them ‘that if it were stricken out, they would get no provision to elect ; bg judiciary inserted again. __ A motion that the committee rise was made, and decided in wes negative. __ Mr. HENDERSON said, that he had expected the movement _ that had been made by the enemies of an elective judiciary. He had been watching all day for the gentleman from Sangamon to blow his trumpet, and gather his forces. He was not astonished Dog that gentleman, after a careful glance at the vacant seats, sounded the note for action; it was in keeping with that iieepletnan’ s superior tactics. He (Mr. H.) again warned the members who were in favor of an elective judiciary to vote against wk Zz w* all propositions to strike out, for if the m carried, the election of the judges by the pe in the affirmative. Yeas 81, nays 31. Mr. PETERS moved the committee rise; and the Convention adjourned till to-morrow XXXV. WEDNESDAY, JULY 21, 1847 Prayer by Mr. Green, of Tazewell. Leave of absence for ten days was granted to Messrs. MARKLEY, BY -Lovupon, Akin, and Dummer. Ye _ Mr. JENKINS, from the committee on Counties, reported __ back sundry resolutions, and asked to be discharged from the _ further consideration thereof. On motion, the report and resolutions were laid on the table. The Convention then resolved itself into committee of the _ whole on the report of the Judiciary committee. The motion pending was on inserting the amendment of Mr. _ Servant—“be appointed by the Governor by and with the advice and consent of the Senate.” Mr. DAVIS, of Massac, moved as a substitute for the amend- ment—*‘the State shall be divided into three grand divisions as ‘nearly equal as may be, and the qualified voters of each division _ Shall elect one of said supreme judges for the term of six years.’ Mr. BROCKMAN addressed the committee in opposition to the amendment and in support of the election of the three judges by general ticket. _ Mr. FARWELL opposed the district system. It was, in his opinion, worse than having the judges elected by the representa- _ tives of the people. Under the district system a majority of the ’ court might be composed of two judges who were the choice of a minority of the people. A man might be chosen by the people of the southern or the northern districts who was obnoxious to the whole people, and whose sentiments and opinions might be differ- ent from those entertained by the majority of the people. Wasthis an election by the people? It was not, but onthe contrary placed within the power of a minority to defeat the choice of the majority. He warned gentlemen that in the north part of this State there was a large party that was fast increasing in numbers and political strength, they would soon be able to command an election in that section. Did gentlemen desire to see those men—whose Principles were to do away with the law of the land, and adopt , 469 470 ILLINOIS HISTORICAL COLLEC’ what they called the law of God—filling, or select to their views to fill the office of a judge of the su] "Mr. DAVIS, of Massac, said that he hoped the am: 2 proposed by hie would pass. If it does not, he thought he c see a dark and impenetrable gloom overhanging the future des of this state. He thought if the general ticket system we would see in the future men elected to the supreme no other reason than that of party influence and poli When such would be the case, then would the sheet anc liberty be forever gone. He thought there was no pla fraught with danger to the liberties of the people, than t ticket system. Gentlemen have said that we should hay judges elected by the whole people, heretofore they | elected by the representatives of the people, and is there a 3} more universally condemned than the present judicial syste Illinois? Who are the judges of this court? They are with all the frailties and weaknesses of human nature—n more than mere human beings—and will be influenced and by considerations of gratitude and feeling towards the electing them; they would feel coerced into a support of the ciples of that party to which they owe their election. By cho the judges from these three grand divisions the conflicting i of the several parts of the state are represented on th bench of the state, and no one political sentiment or exclusively followed by that tribunal. If the judges elected by general ticket, the whole south would be sw by the vortex of the north, and he called upon them judges by districts, and thus secure a judge from the s deprecated the general ticket system, as it would lea conventions and caucuses, and the eliciting by them from their nominees to decide upon certain questions ticular way, for he concluded that the candidates of th ventions would inevitably be chosen. He had seen the 1 of such systems. He had known the pledge made by, and from candidates for judgeships. He had known men [to] re WEDNESDAY, JULY 21, 1847 4qt intment of a judgeship upon a pledge to appoint a particular dividual clerk of his court. It was to break up and avoid all this, that he advocated the election by districts. He feared nothing from the growth of the abolition party, or that one from that party might be appointed a judge. On the subject of the je ea, he knew no party feeling—recognized no party lines. e knew no party when called upon to act upon a principle which ‘was for the benefit or prejudice of the state. He knew no party when called upon to act upon the judiciary—upon the selection of . a to expound the law. He opposed the general ticket system because he feared a court made up on party grounds, and of men 1 Seiosc judgments would be swayed by party considerations. . such came to be the character of our judiciary, republican 7 institutions would crumble into dust, and freedom would shriek _ her last. __ Mr. GREGG said, that he could not see those great and alarm- - ing evils which had been predicted as involved in the general ticket im 3 tem. He did not think the supreme court as constituted for - the benefit or as the representative of the interest of any part of _ the state, but as the supreme judicial tribunal of the whole state, _ with jurisdiction over the whole territory and people of the state. _ Why then consign to onesection of the state the choice of a man to administer j justice in other parts of the state, and over people who _ had no voice in his election? Why not let the whole people, whose P - rights, liberties, and property, are placed under his jurisdiction, hhave a voice in his election? It is said that party interest and feeling will be introduced, and party excitement will enter into the choiceof the judges, if we elect them by general ticket. Will not the Same argument apply if elected by districts? Will not party feeling be as rife? Will not party rancor and contention exist, or : be felt in those districts upon the subject? Will they have con- ventions and caucuses, and all the modes of nominating party candidates, as well as if they were elected by general ticket? He could see no difference in that particular between the two sys- tems. He deprecated party spirit as much as any one in judicial matters; he agreed the ermine of justice should never be permitted ‘to be polluted or touched by the baleful influence of party spirit, _ and sooner than see such take place, he would vote for the appoint- 4 es oe 472 ‘ ILLINOIS HISTORICAL COLLECT. é ment of judges by the Governor and senate. It had ete that the district system would produce a conflict of opinion a diversity of sentiment and interest upon the bench—and can this be produced? In no way except by the. introduction | party spirit into the election of the judges in the districts, and the election in one district of a candidate from one party, a the other districts of men of different political sentiments. An does it thus avoid party spirit? Certainly not. We will t have a diversity of opinion on the bench upon some political qu tion, which has by this means been drawn before them for adju cation. His opinion was that the majority should rule in all and that the principle was as applicable to the election of th diciary as any other department of the government. Mr. PINCKNEY advocated an elective judiciary, to be cho: by the people in districts, who were to hold office for the term | ten years, and after that time the judges to be ineligible to a - election. He also desired the elective system to be submitte every ten years to the people for their approval, and to be chang if they so desired it. Mr. HARVEY was in favor of an election of the supren judges by the whole people, and opposed entirely to their electic by districts. He considered that the duties of a judge of court were something different from those performed by a senato The one expounded and administered the law to the whole peop! and the other represented a section of the people. He thought difference in their relation to the people required a difference ‘ the mode of electing them, and applied the same argument to t election of judges by districts, when the duties they would have perform were to govern and control the actions and interests the people at large. He considered the post of a judge not on a representative nature. He was to decide questions arising his court according to law, and not to suit the wishes and noti 1s of any particular section of the state, and hence the impropriety of electing him by a portion of the people. He would be sorry to see judges, elected from the north or south, deciding quest according to the feelings and sentiments of the portion of the st they came from. Much had been said about no party—that : party feeling upon this question, and in the election of judg WEDNESDAY, JULY 22, 1847 473 _ should exist—that all demagogueism should be put down; but _ from what had appeared to him, those who denounced party, were the very ones who were most under the influence of party, and - showed most of its spirit. . Messrs. Pinckney and Davis of Massac explained their views _ upon party, and a rather personal colloquy took place between the latter gentleman and Mr. H. Mr. HARVEY said he cared little about political life or death; it was a matter of no importance to him. He would be sorry to see local feelings and sentiments represented on the supreme bench. He felt yesterday, when the gentleman. from Sangamon had _ sprung his mine, that a trap had been set for the friends of an _ elective judiciary, and he regretted much that many had not seen “it before it was too late. That gentleman, by his profound and skilful tactics, had succeeded in drawing into the snare a sufficient number to defeat the general ticket system, and would, he scarcely doubted, succeed in defeating an elective judiciary entirely. He did not think the plan pursued by that gentleman, although suc- cessful, was a fairone. And he had strong suspicions that beneath ae, ini ate wt a oe wet NS, ie _ the present proposed system there was hidden another mine, __ which would be sprung at the proper time,and when it [would] be too late for those friends of an elective judiciary, whom he had suc- - ceeded in drawing into his trap, to retrace their steps. He thought that if the district system was adopted, they would find that there was to be but one session of the supreme court in a year, and that & at Springfield, for the benefit of those lawyers who resided here. 5 He was opposed to all monopolies, and particularly to a monopoly __ of the supreme court. Mr. DAVIS of Montgomery asked if the gentleman considered _ that he was a party to that scheme. _ Mr. HARVEY. No, sir; I believe you are too honest a man, but I think that, like others, you have been led into it without . seeing the object. Mr. H. then reviewed the argument that the people would not know the candidates or their abilities, and thought that the same argument would apply to the large divi- $ sions proposed. Mr. ALLEN said, that he was one of-those who had voted for _ striking out, andif he had fallen into the trap mentioned by the 474 ILLINOIS HISTORICAL COLLEC member from Knox, he certainly was not aware of it. 1 a ber says he saw the trap; but there he, perhaps, many things that others cannot. He is somewhat strang he happens to differ from other men upon any subject, diately declares all wrong and he alone right. This was Pp was opposed to the district system and to compelling the p select from districts; perhaps he thinks that in Knox cc there may be found three men competent to fill the post. - Hi think so, but the people may differ from him, and they d like to have these judges selected, as it might occur, from or any other county. Mr. A. came here with no nort southern feelings; he came here divested of such sectional | as far as it was possible. He was in favor of the election justices of that court from the three grand divisions of the s so as that the people of all parts of the state might have the - tion of one judge at least. He did not think the gentleman Knox should have said, that, because he entertained this opin because he was in favor of the district system, and had foll that course which alone could have allowed them to prese the Convention, they had fallen into a trap set for them; t had been deluded into an act the consequences of which th not know the importance. That this trap was sprung, and the wary caught, by a combination of factions. Mr. HARVEY said, he had used no such terms. Mr. ALLEN. I then misunderstood the ie s guage, though I did not his meaning. OY Mr. A. then alluded to the difficulties syaeesta Nae people in the districts would not know the candidate for th and told the house that if a line were laid any where, sou th of Springfield, that no man could be presented in the distri r south of that line, with whom the people were not sufficien quainted to decide upon his qualifications. If they wer ; acquainted with the candidate personally, they could, by i ing receive all necessary information upon the subject. And ho the Governor select his judges? When a vacancy occu candidate for the vacancy, or his friends, get up a petition, se forth his abilities &c., and it is sent post haste to the Gove WEDNESDAY, JULY 21, 1847 475 hers. He would vote for the election by districts, and if he ON not get that he would vote for the election by general iva LOGAN (a thunder storm raging without at the time) _ teplied to the remarks of [the] gentleman from Knox, and dis- Mr. CAMPBELL of Jo Daviess said, he desired to speak, but being weak and the hour late, he moved the committee rise. Mr. SERVANT rose to defend the system of appointment by a the Governor and Senate, though he felt that his health required should avoid any excitement. Mr. S. spoke a few sentences AFTERNOON Mr. CAMPBELL of Jo Daviess presented the following as an amendment to the proposed amendment of the gentleman from Massac: Strike out of that amendment, ‘“‘and the qualified electors of each division shall elect one of said supreme judges for the term of six years,” and insert in lieu thereof, ‘‘one of said judges shall reside in each of said districts, and all of the said judges shall be _ elected by the qualified voters throughout the state.” ¥ - In presenting the above amendment Mr. C. said, that he _ fegretted most exceedingly that he and the gentleman from Massac differed so widely upon this subject, and it pained him much that he occupied a position in opposition to the election of the judges by the whole people. _ The great argument used on this question by the friends of the " district system, is that, by making selections from the three great "divisions of the state, we will get better men to fill the bench. _ Well, sir, if we must select men from districts to get the best judges, _ does not my proposition—to divide the state into three divisions and that one shall be chosen from each of those districts, in the same manner as they desire, obviate the whole difficulty and dan- er el AA oe an fie .they, for their district, present to the southern part of the 476 ‘ILLINOI S HISTORICAL COLLEC: INS sat ger which [it] is said is attached to the general ticket catch it not establish an independent judiciary selected from t tricts, and does it not disarm them of their great argumen from the districts, and the whole people would have the priv of electing them. Would not the judges in such a case be sel with greater care, with a greater regard for their ability qualification for the office than if voted for separately by dist The party at the north would go into Convention (for he presun that party nominations would be followed in either case,) a man every way qualified, by experience and legal acquireme nts, for the office and ask its support; the south would do the s and so with the other district. Both parties in these district c ventions would select their best men, those whose reputation standing would ensure the confidence of the people, even beyot the limits of the district; there would be a sectional pri: present candidates who would be the least obnoxious to charge of incompetency, or want of the necessary ability | attainments, which might be brought by the opposing p We thus would secure men for that bench who were chosen a confidence possessed by the whole people in their competeno How different under the district ayepeny There a man ee ) the whole state have one to preside over their interests incomps te to the task, and whose principles they abhorred. When a ma of such a character received the nomination and under the gener: ticket system his name was presented to the convention of whole state, there would be a close, scrutinizing examinat made into his character, his capacity and his standing, an convention would take care that none but competent men, sut as would receive the support of the whole people, would be sented to the state. Gentlemen say that the people in one sec \ of the state will not know these candidates, will know nothir their abilities or their standing as professional men. Was this s How did the people know the man for whom they vote for Go WEDNESDAY, JULY 21, 1847 477 _the conventions; there for the first time was his name heard by them, and they inquired, they examined, they read, and long before the election became familiar with his reputation and prin- ciples. So would it be in regard to a candidate for the supreme - court—his character and legal acquirements would be examined closely, his ability to perform the high office of a judge would be inguired into, and the people would inform themselves upon the - ‘subject, before they elevated any one to the supreme bench and conferred upon him the great prerogative of passing upon their _ lives, liberty and property. This fact alone would be a sufficient - inducement to the different parties to bring forward their best " men, and vie with each other in presenting candidates most _ worthy of the confidence and support of the people. _ He would refer gentlemen to the great state of N. York, _ where a similar provision had been adopted, and to the result of an election then for judges of the supreme court. Both parties oe eae forward the ablest and wisest of their party. Were they ie present the ablest and most experienced men. From the argu- ? i ‘ment of the gentleman from Sangamon, it would appear that he Pee pt blackguards and ragmuffins, and that such characters ~~ _ always had the best chance in conventions. He differed from the _ gentleman: experience had shown them that, generally, the _ best men of the state were brought forward by the conventions. _ Bad men the result of party conventions! He would ask the _ gentleman, or any other, to point out to him any man that had __ been elevated to the bench in this state, by the democratic party, _ whose judicial acts were complained of, or whose career had been _ oppressive upon the people. Show him one. And he challenged _ them to deny that such men, whose acts had drawn from the i people complaints long and loud against wrongs and oppressions seals appointment from the democratic partyhatoe ae ir of. If he knew anything of the history of this state for | t last few years, he felt that he was right in his statement. T great objection, and cause of complaint on the part of the had been against the manner in which these judges hav made for the last few years. Heretofore the election of the: judges has been confided to the representatives of the peopl General Assembly; and when a vacancy has occurred, it has’ the custom for the party in power to say to the Lenina from that portion of the state in which it has taken place: “ gentlemen, is a vacancy—it is in your circuit—go, nom man, and report him to us, and we will elect him.” He was t selected by the few representatives from the circuit, and elected by the Legislature; but really by those few men of circuit, elected to the supreme court. The people saw this disapproved of it. They said: here is a man elected to the sup: court with power and jurisdiction all over the state, and over and he has been elected to that high office and prerogativ few men of a single party, who represent, in the Legislat small circuit down south, or up at the north, and we, who be affected in our lives, liberty and property by his decisio have nothing to say in the matter. They have seen this t done, and have said, we will suffer it no longer. So of th’: trict system. The people will not approve of it. They wi we desire that our voice may be heard in the choice of th supreme judges, to whose hands are entrusted, and under w wt jurisdiction are to be secured, our rights, liberties and possess This is the answer they will give to your district system three grand divisions. The gentleman from Massac says, t by this system we will have a conflict of opinion on th What kind of a conflict of opinion? Political, sectional, or does he mean that conflict of legal opinion—that confli will, from its operation, bring forward from their Nate thi WEDNESDAY, JULY 21, 1847 479 on the questions before them? ‘Can he mean that he desires ‘a conflict of opinion upon political questions on the bench? b Mr. DAVIS of Massac explained, that he thought that if the court were elected by the whole people, there would be danger tl t it might become biased in its action by party feeling and spirit; but if elected from the three divisions, there would be a nflict of the different opinions of those districts, and of their ersified interests. _ Mr. CAMPBELL. A conflict of the opinion of the different _ sections of the state, and of their interests, is then what the gentle- "man means. And to obtain this, the judges must be elected in three grand divisions—nothing else would accomplish the end. e would ask the gentleman if there was any difference to the representation of those interests upon the bench, if the judges _ were chosen by the grand divisions, and then elected by the whole yeople. He could see none except that the latter mode made the judges more independent. There was a great difference between _ judicial independence and judicial irresponsibility; much between ' an independent judge, and an irresponsible one.—Take a judge _ at home, in his own district, or in his own circuit—the people - of which elected him; a great and important question arises, in which the whole interests of the state are concerned, and he makes Ra decision upon it—what does he do? He decides to suit the - feelings and interests of the people of his district, and thus secures his re-election, and that is all he cares for. He has no responsibil- _ ity beyond his district. How different if he were responsible to _ the whole people! Then his decision would have been one becom- a ‘ing a judge of the supreme court of the state, and not that of a _ judge of a district. What responsibility will a judge elected in _ the southern district of this state feel he owes to the people of the _ other two-thirds of the state? What cares he if they be satisfied _ with his decisions on the bench? They have no voice in his re- ‘election, and all he has to do is to please the people of that district. Will not his responsibility cease when he crosses the line of his own vd istrict? a The want of room precludes our following the remarks of Mr. C further. He pursued the subject for some time in his usual _ style. He asked if those, who said the question of a judiciary was ih cla VPM mK 5 T: ted to touch it, considered that there would be no party conv and party nominations, and party voting, under the dis system, as well as under the general ticket system? He thou the only way to avoid it was to have one whig district, but had been refused by the gentleman from Sangamon. He allt to the many professions of the whigs, that they wanted no | of their party, &c., and to their cry of “no party” durin _canvass for members of this Convention, and to their success, by that means, in obtaining what they wantec defeat of the democratic party. He scorned such tricks, p ring the bold, manly course of a whig like Harry of the Wes who never cried “no party.” He saw no great privilege conferr upon the people by this district system. A man came to f# court and his case was tried by judges, a majority of whom | had no choice in electing, and so far as the privilege of beit tried by judges of his own choice, we might as well be tried a court in Missouri. The people had less to say in the c of their judges than when they were elected by their represen in the Legislature. In replying to the remarks of Mr. L made during the storm, and to which that gentleman had allu he remarked that it was true that there was a storm; that wi the lightning did play, the thunder did roar, and the rain did but it was in this hall that the wind blew. He replied to # argument that the party would always vote for and elect nominees of the convention, by asking if they would not do t same thing in the grand divisions. He thought that if the j were elected by the whole people, that there would be an emulation among them to deserve the good will and approval of the who people, and a re-election based on their meritorious set He said that he would put a question to be submitted to the peop. D. here is one plan which divides the state, for the purpose of electi a supreme court, into three grand divisions; you elect one of th —with the other two you shall have nothing to do, nor in election a voice—they are given to your neighbors to elect. T other plan is: here are three judges taken from different par: the state, but you, and your neighbors, and all the people of the state, shall have the power of electing them. And he asked if any WEDNESDAY, JULY 27, 2847 481 ‘member would say that the people would reply that it is better _ for us not to have any thing to do with the electing of two of these _ judges, and our neighbors may elect them for us? He repelled the charges made by members against the bar; and replied to the member from Ogle, that he was perhaps in as great danger of losing, in his absence from home, some of the choicest lambs of his flock, _ as were the lawyers of losing their clients. He called upon his friends to vote for the proposition he had presented. He alluded to the appeal made by Mr. Locan on yesterday, by which he had succeeded in striking out the general ticket system. He had called ‘upon the advocates of the district system to come to his aid, while his own friends stood waiting for him, like Roderick Dhu, to blow his shrill whistle, to spring into arms, and then at the wave of his hand, to disappear. He asked gentlemen would they follow that gentleman, who was calculating upon our going back to the old system, in case we failed in the general ticket, and then by uniting his votes with ours, defeat the elective judiciary entire- ly. Were they prepared to be thus led? Mr. KNOWLTON was opposed to an elective judiciary; but if we were to have it, he would vote for the district system in preference to any other. Mr. DAVIS of Massac returned his thanks to the gentleman from Jo Daviess for his expressions of kindness, and assured him that the difference of opinion was as painful to him as to that gentleman. The gentleman from Jo Daviess had said, that he (Mr. C.) [D.?] had called upon the whig party to come to the rescue. _ He had not called upon the whig party, nor any party, to come to the rescue. He had said, that upon this question there was to be _ no party, that there ought to be none; and if, for concluding that the judiciary of the state should be separated from party spirit, feeling and influence, he was to be anathamatized [sic] and sepa- rated from his party, he would say be itso. As Pitt and Fox said to each other, if he was to be separated for this cause, “‘we separate, and we separate forever.”—He had made no such appeal, but he had called upon all to abandon party lines on this question; and if there was to be anathema and separation, he was ready to be separated, on this question at least. He thought he¥saw in the general ticket system a dark and impending gloom hanging over Py Wa HES oa Ee cet MAC ea I Vin Al possible for the mind of man to fathom. He thous proposed by the member from Jo Daviess one most a to deceive and draw to its support those who did 1 ‘not examine it. It retained one feature which he stood there and before God determined to resist. That feature was tion by general ticket. We are told that the districts ma in convention and nominate a man, and that when the s vention met, they would ratify it. But we know the such conventions. He referred the gentleman to a ¢ which met a few years ago in a city in this Union, for t] of nominating no less a candidate than for the chief office if the country. A large majority of the delegate: convention, before they left their homes, were instruct states to vote for a particular individual, but when they they disobeyed their instructions, and nominated ano He opposed the general ticket system because of its dange had always been opposed to the election of the supre but had yielded to what had been the expressed opin people, and to theirdemand. Mr. D. continued for so: stating his principles, and in repelling the charge of c combination, for the purpose of carrying his plan. The question was then taken on substituting Mr, amendment for Mr. SeRvant’s, in the motion to insert, same was decided in the i Aicniuthye eas 78, nays vi : The question was then taken on the proposed < of Mr. Campsett and decided in the negative-—yeas 4 Mr. EDWARDS of Sangamon moved to strike out | (the term of office) and insert “nine.” 12 and 15 ye also proposed; and the question being taken, the refused to strike out. keh Mr. PETERS presented the following as a substitu “The Governor shall nominate, and by and wit and consent of the senate, (two-thirds of the senat concurring therein) shall appoint the judges of the supt who shall hold their office for the term of nine years, < WEDNESDAY, JULY 212, 1847 483 le to any other office than a judicial one for the time for 1 favor of the amendment now offered, inasmuch as he had given hi views at length when the proposition of his friend from Ran- dolph (Mr. Servant) was under consideration. The Convention m had then listened to him for a long time, for which he felt under the greatest obligation. He had now only to say that he earnestly desired every member to look at the pictures which the friends of | the elective principle had been drawing on yesterday and to-day. $ _ The friends of that system had divided into two parties; one _ party was in favor of electing the judges by general ticket, by _ the electors throughout the state; the other party was for divid- ing the state into three grand divisions or districts, and each dis- “trict to elect one judge of the supreme court. The friends of the general ticket system declare to us, and they have repeated it "again and again, that the district system is fraught with the most “enormous evils—that each judge will represent a locality and not ’ the people of the whole state, though he is to be judge of the state; that there will be no feeling of responsibility resting upon him; that they will be elected in reference to local questions; that they _will be subject to corrupt influences. Various other evils are im- puted to this mode of election, all going to show that it will degrade and prostrate the judiciary. Those in favor of the district system tell us that the other plan will produce only “evil and evil continually;”’ that the election of the judges will at once be subjected to the control and machinery of political par- - ties; that nominations will be made by political caucuses; that the people will have but little to do in fact with the election, but all will be subjected to party drill; that we shall have party judges; inefficient and unqualified men will fill those _ Stations, and all sorts of enormities and iniquities will be intro- duced into the judiciary. Whether, owing to the different degree of talent of the speakers or not, he did not know, but so it was that the advocates of the district system had made the general ticket system appear much worse, more hideous, if possible, than the general ticket men had made the district system appear. Taking the pictures drawn by the advocates of the - Ce Soy Ye Rigen oy Mame =k TIAA le a Fecha VES NG RTH EA ‘to him to terrify us, and induce us to resort to the good Cn 484 ILLINOIS HISTORICAL COLLE two systems or modes of election proposed, and i ciple of appointment. But he should not argue the poi He felt as if the arguments used by him when dis subject the other day, were greatly strengthened b coloring these gentlemen had given to their respective He would, therefore, end as he [had] begun, by asking g look at the pictures which the friends of the elective pri drawn; to look at them in all the deformity which friends had given them, (and no one would doubt the the picture,) and then let gentlemen vote as their judgmen consciences would dictate. He was s willing to leave the ee here. ° And the question being taken on the substitute, i it was re —yeas 40, nays not counted. ‘3 Mr KENNER moved to amend by inserting —“ elected by both branches of the Legislature, on joint b the first Monday of March;” and the same Was alesse era citie good behavior.” Rejected. : Mr. WEAD moved to add to the section, “ ‘the L may change or alter said divisions to meet the on es people.” Messrs. WeAD and CaLpDwWELt advocated the amendmen Messrs. Locan and Epwarps of Sangamon opposed it. - Without taking the question, the committee rose, motion, the Convention adjourned till tomorrow at 8 A. M. ‘ ‘ XXXVI. THURSDAY, JULY 22, 1847 Mr. CROSS, of Winnebago, presented a petition praying that no distinction be made in the constitution on account of color. Referred to the committee on Bill of Rights. Mr. STADDEN presented a petition, praying the appoint- ment of a superintendent of schools. Referred to the com- mittee on Education. Mr. GEDDES asked a suspension of the rules, to enable him to offer a resolution, that we proceed forthwith to the election of a chaplain, and the Convention refused to suspend the rules. [Mr. GEDDES said,*! he had been exceedingly pained by the course which this convention had taken in relation to the clergy- men of Springfield. The conduct of the convention, he said, had been disgraceful in the extreme. They had first invited clergy- men into the hall to invoke the blessings of heaven upon the deliberations of this body, to ask for that wisdom which alone could guide their deliberations to beneficial and happy results; and now by their action they had declared to those clergymen, “‘we can do without your services; we had rather dispense with them than to defend and protect you from insult and injury.’’ Is this, continued, Mr. Geppes, the proper conduct of this con- vention? Are we become so graceless that a minister of the gospel is not safe among us? When the convention for framing the constitution of the United States was in session, it is well known, that after much time had been spent to no purpose, and it had become apparent to all that they would not be able to effect any- thing;—in this hour of darkness and doubt and almost of despair, the sage, Franklin rose and offered a resolution for the appoint- ment of a chaplain, to invoke the blessing of Heaven upon their Jat 2 as debate on Geddes’ resolution is taken from the Sangamo Journal, uly 29, 485 486 ILLINOIS HISTORICAL COLLECTIC ci) deliberations. The resolution was adopted, and w result? Concentration of strength, unanimity of a mutual concession of opinion, which eventuated in the was formed. Then, sir, glad angels on shining pinio their way up through the boundless fields of ether to the Heaven, and there proclaimed the joyful news that ma new world had asked a boon of Heaven,—had asked the and direction which Heaven alone can give,—and Heavy arches rung with sounds of joy, and Heaven’s guidance w. safed to their deliberations. Thus has it been from t with all deliberative bodies who have acted in a simi But this convention is deserting the good old path; ist from the counsels of the wise and prudent, and like one oj we have read in scripture history, is carried away with v: ceits, and will finally, I apprehend, meet with a similar d But what heinous crime has been committed by the gentleman? Has he insulted officers, abused our spoken disrespectfully of our doings? Nothing of the ki he has dared to do his duty, even when that duty compell speak of the faults and follies of the men whom Illinois delig to honor. This is the awful offence which he has m He spoke of the demoralizing effects of war, and statec said, that the returned volunteers were not free from i inating influence. He was solicitous that the wreath of 3 glory which crowned their brows should not be sullied by conduct; that the bright laurels so dearly earned shor torn from their brows by their own intemperate hands; the monument, bright as gold, and more durable than m which they had reared for themselves, should not be and trampled in the dust by their own rash feet haste: evil. And for this he was to be rebuked by this He could see no impropriety on the part of the clergym ring to these things, but he thought that the conduct o here admitted of no excuse. Mr. Green of Tazewell, opposed the suspension 0 on the ground that we had by resolution invited ~ to attend here—and that we had subsequently desired t THURSDAY, JULY 22, 1847 487 end, because we could not protect them from insult; and it yould be inconsistent now, and unjust to them, to go into the lection of a chaplain. _ Mr. Wivutams said, he hoped the resolution would be with- rawn, for another reason in addition to the one stated by the entleman from Tazewell. He had at the commencement of the ured, and they had rescinded that resolution, on the ostensible ground that it was wrong to invite them here to be subjected to _ gross insult. The election of another chaplain would appear invidious. It _ would look as if the real object of rescinding the resolution, was _ to get rid of our chaplains and to procure others. He was, for _ this reason alone, in hopes the resolution would be withdrawn. If neither the sense of decorum and propriety of the individual members of the Convention, nor its rules, could secure our former chaplains from the rude and indecent insult offered by one of its members, what guaranty could we offer to a new chaplain that he would not be subject to similar insults? Until the Convention _ asserted the power of compelling its members to behave them- selves with propriety and decency, he was opposed to the appoint- ment of a chaplain.] - Mr WEST asked a suspension of the rules, to enable him to offer a resolution in relation to the apportionment of counties, and _ the Convention refused to suspend. Mr. Z. CASEY moved to suspend the rules, that he might offer the following resolution, and the rules were suspended: Resolved, That fifteen hundred copies of the journal of the Convention be printed for distribution among the counties. Messrs. THomas and Davis of Montgomery opposed the printing of more than a single copy.—Messrs. Casry, Hares, Arcuer, Locxwoop, CampseE Lt of Jo Daviess, CHuRCH, SHERMAN and others advocated the adoption of the printing, and after debate, the resolution was adopted. Mr. THOMAS moved to suspend the rules, to enable him to offer a resolution, that a committee be appointed to divide the state into three grand judicial divisions. 488 Mr. CAMPBELL of Jo Daviess thought the gentle Morgan rather hasty with his resolution. The Conv not decided yet, whether there would be any “three g Messrs. Lockwoop and MarsHatt of Mason, amendments, which were adopted; and Messrs. ments, which were peed. After which, me section : asa read as follows: “The state shall be divided into thine! grand. div nearly equal as may be, and the qualified electors of each. shall elect one of said supreme judges, for the term of The Legislature may, from time to time, alter said | previous to any general election for judges of the supre so that each of said divisions may contain, as nearly as m an equal number of inhabitants; and also, each divisic contain territory, as nearly as [may] be, in a compact for vided, that such changes or alterations shall not be ma other time, than is provided for the apportionment of 1 m the General Assembly.” And the question being taken thereon, it was adopted 80, nays not counted. re Sec. 5. The Secretary of State shall, in the presenct same person or persons, draw the names of the said lot; the justice, whose name is ee drawn, shall be c office four years; the other, two eee and each until hiss is commissioned and qualified. Thereafter, an election sh held every two years, on the first Monday of March, for on of the supreme court, who shall hold his office six years his successor is qualified. After the term of the first ck expires, the justice oldest in commission, shall be chie: THURSDAY, JULY 22, 1847 489 Mr. WEAD moved to strike out the section, and insert the following; which was carried: Sec. 4. [5?] The office of one of said judges shall be vacated in two years, of one in four years, and of one in six years; to be decided by lot, so that one of said judges shall be elected once in every two years. The judge having six years to serve shall be the first chief justice, after which, the judge having the oldest com- mission, shall be chief justice. Sec. 6. One term of the supreme court shall be held annually in each judicial circuit, at such time and place as may be provided by law. Mr. WEAD moved to strike out the section, and insert—“ the supreme court shall sit at least once in each year, in each of the three grand divisions in this state, and in such other places as may be prescribed by law.” Mr. WEAD advocated the amendment, which while it made it imperative for the court to sit at three different parts of the state during the year, also, left it in the power of the Legislature to increase the number of those sittings, as the convenience and interest of the people required. Mr. KNOX would like to know from the gentleman, if his amendment did accomplish his end, or if it did not do too much. What “other places” did he intend the court should sit in, that were not comprised in the three divisions? Did he mean to send the supreme court to Iowa or Oregon? Mr. HENDERSON advocated the section as it stood, and was in favor of twelve circuits and the supreme court to visit each, during the year. Mr. DAVIS of Montgomery would be in favor of the larger number of circuits if the salary allowed the judges had been suffi- cient to support and remunerate them for the expenses of travel- ling and of board while from home. Mr. HARVEY advocated the larger number of circuits, and the supreme court to visit each, during the year. Mr. KINNEY of Bureau was opposed to the larger number of circuits, and in favor of the amendment. Mr. DAVIS of Massac hoped the amendment would pass. Mr. WEAD modified his amendment to avoid the difficulty 490 ILLINOIS HISTORICAL COLLECT! suggested by Mr. Kee and replied at lenges t t gentlemen who had opposed its adoption. Mr. CAMPBELL of Jo Daviess opposed tee ‘ae districts as not sufficient for the convenience of the | t people, whose interests they represented. He was in least five districts and five judges. He admitted — allowed them was not sufficient to allow them to eave whole state. He thought the Convention ought to fix constitution the number of judges and the number of d and were it not for the palpable injustice of the act—to men who received only such a salary as we had allowe travel the whole state, he would be in favor of the Sap ( sitting in each district in the state. oh Mr. HAYES advocated the smaller number Hed dis replied to the other gentlemen. to the supreme court travelling over the whole state. H ' once a year in each of the three divisions quite sufficient. — And, without taking the vote, the committee rose, : on motion, the Convention adjourned till 3 P. . AFTERNOON ue Convention resolved itself into committee of the v Mr. LOGAN addressed the Convention in an ar support of one central supreme court, to meet at the capi state, and presented its advantages and benefits at le: conclusion, he said that he would vote as for a oe three sittings—once in each division. y Mr. ATHERTON (during the speech of Mr. L) 7 manded the enforcement of the half hour rule. ah The rules were suspended and Mr. L. proceeded. Mr. ATHERTON explained his reason for his demand that Mr. L. had occupied three times as much of the time already cost the state $10,000. Miateovee, he had comple Mr. L. a few days before, of the great loss of time by long s and that gentleman told him in reply, “why don’t you e 4 Cre Ose et Oe ee ee oe oe) oe ee ee BL i pene | ete. sf Haag ali dy Rides: oes tie ‘wy any os ah aa THURSDAY, JULY 22, 1847 491 “tule and cut them off.”” He therefore had followed the advice in the present case. ’ Mr. DEMENT addressed the committee for Agede two hours _ in opposition to the amendment. He thought that the debate had wandered from the question, and would endeavor to give it a new turn. He did not think it a question in which lawyers alone were concerned, but one of vast importance to the people, at least one ___in which the people he represented felt a great interest in. From the debate between the several members of the bar it had been hinted that the less the number of circuits for the supreme court, the more advantageous it would be for the older and more expe- rienced members of the bar, because those from a distance could not attend, for so small a fee, to the case of their client at Springfield, as could a lawyer who resided here, and consequently the people had to intrust all their appeal cases to those who practice in that court. This was unjust to the younger lawyers, and unjust to the people. The people desired to have the courts, wherein the cases in which their rights and interests were involved, brought as near them as possible, and that they could attend it and give their personal aid and attention in assisting their counsel. This could only be done by having a large number of districts, and the supreme court to visit them all in each year. Many gen- tlemen seemed disposed to favor the amendment because of the low salary allowed to the judges. He admitted that $1,200 was not sufficient for them, when we compelled them to traverse the state, but thought it was no argument against our devising the best plan for the convenience and interests of the people, and the system which would be most satisfactory to them. If we adopted the plan which would enable the people in all parts of the state to have the facility of justice, by bringing this supreme court near their door, he appealed to the whole committee whether any man should hesitate a moment in raising the salary of each of the three judges to $1,500—increasing the annual expense but $900. Must we deny the people the great benefits of the system of a large number of districts, because of the miserable sum of $900 additional tax? He thought not; nor did the people expect such economy. On this subject the people felt a great interest, and he warned gentlemen that it behooved them to engraft some- 492 ILLINOIS HISTORICAL COLLECTIO: thing into the constitution that would be satisfactory enou the people to induce them to overlook other provisions not acceptable, and which, unless such popular systems as thi adopted, would probably defeat the constitution. The argu: that appeal cases would increase if the number of distri enlarged, was, in his opinion, rather in favor of the plan th against it. If cases were worthy of an appeal, justice requir that the means of prosecuting that appeal should be plac near the reach of the party desiring it as possible. The r from Sangamon had said, that lawyers who practised in supreme court do not charge more than those in the circuit. might be easily accounted for. That member resides here. he can afford to attend a case before the court here for muc than can a man who has to come two hundred miles, to leave | home and business, and remain here probably six weeks, wai for the case to come on. The consequence of this was, that clients in the country were unable to pay the attorney the : required for such a duty, and often abandoned the appeal, s than bear the expense or entrust a lawyer with it, to whom he a stranger. He was in favor of throwing open to the who fession a competition for the fees of attending to cases in 1 preme court, and that there should be no monopoly. Heo to the amendment, because there would be certain lo selected in each of the divisions, at which it would be as ine ient for the people and their lawyers to attend as if the co held here alone. In the northern district, Chicago wou selected, as perhaps it ought to be; and he would ask, wo attend there, than it would to come to Springfield? where would be the place in the southern district at which : would sit? Would you have it on the Mississippi? What wo the people of the Wabash counties think of its conve: Would you put it at Shawneetown; would not the peor Alton prefer Springfield as the place, sooner than go there. only way to meet the difficulty was to hold a session of the in each circuit, and let that number of circuits be large. ; them be held at Chicago, Peoria, Galena, Quincy, Springfiel Alton, Shawneetown, Danville, and such other places as w THURSDAY, JULY 22, 1847 493 _ meet the convenience of the people. They would be satisfied with this, and it was our duty to have the constitution as satis- factory as possible. The member from Gallatin had said, the court, if the state was cut up into small districts, would often have but a single case to try in a circuit, which would be a contemptible business for the supreme court. He could not see how it would be derogatory to a court, elected by the people, and paid by the people, to go any where the convenience of the people required them to go, for the purpose of trying even one case. The court would be physically competent to the task, and if we paid them sufficient we could obtain men to do it. He did not think that we could get the best lawyers at any salary, nor did he believe that, if we said the court shall meet but once a year, and that here for six weeks, we could get the pick of the bar. But we still might get good judges, and men mentally competent to the duty. The gentleman from Sangamon said that you could not elevate the court above the character and standing of the bar that prac- tised before it, and the conclusion he (Mr. D.) drew from this, and from that gentleman’s opposition to the large number of districts, was that he considered it would be lessening the dignity of the bar to be brought down to the level of the lawyers in the counties, and that then the court would be brought down in its dignity to the same level with the bar. What other conclusion could one come to from the remark, except that the supreme court lawyers would be degraded by associating with a class of lawyers who had never practised in such a high court, and consequently the court being brought to the level of the bar would become less dignified. He did not think this would be the case but that both lawyers and court would be elevated by the association. He associated the gentleman from Gallatin (Mr. CaLtpweE Lt) so far as his remark that the court would become contemptible, if it descended to sit and try one case, with the member from Sanga- mon, and he sincerely hoped that they were not associated any further. Mr. D. then entered at large upon the subject of the election of the supreme judges by the whole people, as compared with the election by districts. He thought the only argument in favor of the district system was a want of confidence in the people, a 494 ILLINOIS HISTORICAL COLLECTIO doctrine to which he never subscribed, and would ney Should this district system be finally adopted and they wen to the people, what answer could they make, when the peopl —you allowed me by this constitution you have adopted, 1 keh and privilege of voting for the judge of the circuit court, you withhold from me the right to vote for the two supreme who decide my case? The only answer the friends of this could give, would be “I could not give you that right, not trust you with such a power.” This was a variation part of some gentlemen from their long known and well lished opinion of full confidence in the people on all si He examined at length the subject of the election by dis its probable political bearing and results, and concluded by ! ing that he would vote for the three judicial districts in could get no better. Mr. DAVIS of Massac said, that the committee would the justice to say that he never detained them for any time in expressing his views, and that he addressed them dom, and he now assured the committee that nothing but regarded [as] a systematic attack upon him, and that atta from a quarter where he little looked for it, would indu address the committee again on this question. He therefore the attention of the committee for a few moments while he w repel the systematic attack that had just been made upor and upon those of his friends who had acted with him question, tor some cause or another which did not appear. Y day he had done what he considered his duty. He had op plan which he thought full of danger and ruin, and for drawn down upon his head the anathema of these gentle insinuate that my course would indicate that there was thing rotten in the state of Denmark,” which their pe: faculties will not allow them to penetrate. Sir, there is and important question before the committee, of the interest to the liberties and rights of the people of the state, : affect them for all time to come, and upon it I did not to be denounced for taking a position I thought best cale advance the people’s interests, nor to be abandoned exclusive advocates of the rights of the people. He had THURSDAY, JULY 22, 1847 495 esterday that upon this subject his own opinions were opposed to an elective judiciary, but that he had given up his own opinions to that of the people, and to their demand, and in doing so had followed the example of the apostle of democracy, Thomas Jeffer- he. son, who has said that in all doubtful questions give way to the Se “majority. And yet, sir, they say that he (Mr. D.) had aban- _ doned democracy and the people. He would say to them that, __upon this great question, one which was to secure a free, independ- ent judiciary, so vitally important to the people, they had abandoned the true interests of the people, and were found fighting in the ranks of the enemy. He would say to those who charged him with deserting democracy, to go back into history and search there, let them read more, study more, and try to understand what they do read, and then they will be better able to come here and tell us what is democracy. He would ask them to go back to the '« days of Washington. No such doctrine as the election of judges was taught then, go to the days of Jefferson—the first man who _ lisped the name of democracy in our country—and he asked them, was this election of judges by general ticket taught then? No, sir, no. It was the doctrine taught by men anxiously looking for the spoils. Let them read more and then tell us if spoils be democ- racy! He was opposed to the general ticket system because it afforded such inducements to men. If it be democracy to look out for the spoils of office, then he was no spoilsman, and belonged _ not to such a democracy. He would not have alluded to this subject had it not been for what was so evidently a systematic attack upon him for some unknown cause. He did not think that so humble a man as himself could have been the sole object of this studied attack, but there must be some causes which did not appear, and unless he was much mistaken, it authorized him in saying that there was “something rotten in the state of Denmark.” He battled for principle and upon these other matters he cared not to break a lance with the gentleman from Lee, although there were some in the other party, who might not be so well able to defend themselves from the charge of a change in political principles. He had opposed the general ticket system because he saw in its results a judiciary swayed by political influences and corrupt motives, which he thought would be prejudicial to the interests and rights tan 496 ILLINOIS HISTORICAL COLLECTIOI of the people, and when the gentleman from Lee said opposed the district system he it was that attacked the liberties of the people in the most vital point—a pure ji Mr. DEMENT explained. Mr. DAVIS said, well, sir, the gentleman voted motion to strike out the general ticket system, he voted tem that did affect injuriously the people. oa Mr. DEMENT said, that he did vote against s the general ticket system, and would vote for the of the judges by the Governor and Senate in to the district system. While up he would ask the n Massac, if he alluded to him when he spoke of pe changed their principles? R: Mr. DAVIS. No, sir, no; but there are those in the Com tion who may, peradventure, have an opportunity of mal cin explanation upon that subject before the adjournment. Mr. DEMENT would ask the gentleman another Did he allude to him as one of those who had made a attack upon him? If he did he was mistaken. Mr. DAVIS said, that he was not a man to back out of w had said, or to avoid its consequences, he would inform th eg ge man that he did allude tohim: But his disclaimer was suffi Mr. DEMENT said, the gentleman was mistaken, t been friends and had always acted together and he woul last man that would attack that member, or throw a fii into the Convention. Mr. DAVIS said, that he was glad to hear the gentlem: that he had no desire to throw fire-brands into this Convent but it is strange, sir, what events will occur inashort time. Be this Convention met he understood that the opinion of majority of the people of this state was in favor of a tota tion of banks; but when we come here we find out that have an opinion on this subject, and that there are think that the people have a right to be heard on the su then sometimes we hear certain gentlemen declare Thompson has the right to control them. There was thing said which was almost beneath notice. He had I the stump, by wild political demagogues, but it was THURSDAY, JULY 22, 1847 497 not to be expected from a gentleman, or in a constitutional con- ' yention—it was the miserable cant about lawyers. He would tell them to go to English history if they knew nothing of, or did not place confidence in American history, and read what was written there about the men who first nursed this republic into existence. Let them go to John Adams, to Jefferson, and see what they— lawyers—did for the country, and even what English history says of their eftorts for the country. Let them read of Madison, of Monroe, of John Quincy Adams and of General Jackson, who, though endeared to the people by his achievements as a military chieftain, was a lawyer, let them see what these men, all lawyers, did for their country; let them, before they make attacks upon _that profession, first read a little history. He would say a few words upon the question now before them. What was proposed by the system of twelve circuits for the su- preme court to travel. The judges were to be taken away from their homes to travel this whole state, the year round; no time allowed them for reading, for study, for examination, or for prep- aration for one of the highest and most important duties that can be conferred upon man—the passing upon the lives and liber- ties and property of his fellow man. It was acknowledged that the pay we had allowed them was insufficient, but pay was no argument with him. All history told them that aman todischarge that duty well, must have time for preparation. All experience had shown that no man, even with a genius as bright and effulgent as the noon-day sun, could perform the duties of that station, which requires years of constant reading and study to become qualified, without time for preparation for its offices. It is the supreme court of our state; it should be a dignified, enlightened, upright, and an honest supreme court, or the judiciary sinks into insignificance. He was not in favor of spreading the supreme cir- cuits all over the state and into every county, to enable small petti-fogging lawyers to bring cases into the supreme court, not knowing or caring whether the law was with them or not; but merely for the purpose of having a case in that court. Mr. D. gave way, without concluding, for a motion that the committee rise; which was carried. And then, on motion, the _ Convention adjourned. Fy BANE. MORE MRS ARICTIM RSs. Pe RUT ee RR XXXVIL. FRIDAY, JULY 23, 184" county for the appointment of a state superinte mon schools. Referred to the Education committee. Bay Mr. SERVANT, from the committee to which was 1 the petition of citizens of Kaskaskia, in reference to their ' power to lease or sell the same by a vote of the inh ested. Laid on the table and two hundred copies printed. The Convention went into committee of the ° amendments to the sixth section of the report of committee, pending at the adjournment yesterday. Mr. DAVIS of McLean addressed the Convention holding the supreme court at the seat of government. Mr. HARVEY replied, and advocated the holdi supreme court in every judicial circuit. ? Mr. WILLIAMS replied to Mr. Harvey, and ad central supreme court. A Mr. KNOX followed and advocated the bile. sixth section of the report. A vote was then taken on striking out. Lost 61. Rs Mr. ECCLES moved to amend the section so as t that if the people desire it, the courts may be chan circuits to the seat of government or to one point _of the grand divisions. Change to be made not o once in six years. Mr. HARVEY moved a substitute; which was n Question recurred on Mr. Eccies’ amendment. i Mr. CALDWELL offered a substitute, so as to pr one term of the supreme court should be held at such » places as may be provided by law. 498 FRIDAY, JULY 23, 1847 499 _ Mr. CAMPBELL of Jo Daviess made a speech in opposition to imposing restrictions upon the Legislature in reference to the matters under consideration. _ Mr. GREGG spoke against the re(st]rictions which the _ amendments were calculated to impose on the Legislature. He was willing to leave a little discretion to the Legislature to change ‘the system to suit such a change of times and circumstances as might take place. He had confidence in the people and believed that they understood and would promote their own interest. The vote being taken the substitute was not agreed to. An amendment to Mr. E’s amendment was moved and lost. Mr. SHUMWAY moved to strike out “‘the seat of govern- ment.” Lost. Mr. KINNEY of St. Clair moved a substitute so as to prevent the Legislature from authorizing the court to be holden in less than five different places in the state. Lost. Mr. CAMPBELL of Jo Daviess offered as a substitute, “‘so as to provide that the Legislature should change the places of holding the courts as the interests of the people might require.” Lost. Various amendments were then offered and voted down. The question recurring on Mr. Eccies’ amendment it was agreed to—yeas 72, nays 51. Section 7 was then taken up. Sec. 7. There shall be twelve judicial circuits, which may be increased from time to time as the Legislature may provide. Mr. SHUMWAY moved to strike out “twelve,” and insert “nine.” Mr. CALDWELL moved to strike out “section seven” and insert the following: Sec. 7. The state shall be divided into twenty judicial Gree) in each of which one circuit judge shall be elected by the qualified electors thereof, who shall hold his office for the term of four years, and until his successor shall be commissioned and qualified.” A discussion arose upon this proposition; pending which the committee rose, reported back the report with amendments, and asked the concurrence of the Convention. TE Oe aie hen 500 ILLINOIS HISTORICAL COLLE C opposed to its being held in circuits; at all events, he number of places at which it should be held ought not to three. The experience of other States in regard to th was strictly conclusive to his mind against the practicabi multiplying the number of places where that Court s held. He referred to the States of Missouri and Tenness the experiment had been tried, and where it was ascerta correct decisions could not be obtained in that way. The ments of gentlemen who had adverted to the practice in achusetts, as an example to be followed in this State, were 0 force, inasmuch as the condition of things there was different. There they had good libraries in all parts of the and every requisite facility for holding the court at di places, which was not the case in this state, but he en approved of the system as pursued in Massachusetts; sidered it highly objectionable under any circumstance decisions of the supreme court were the law of the land, ar care should be taken to make them as perfect as possib having the best judges that could be obtained, toge every aid to be derived from books and arguments of able and this could never be accomplished if the supreme | made a travelling court and required to give its decision various districts of the state. The increase of litigati Qn such a system would also tend to embarrass the counts render their decisions hasty and imperfect. Gentlerr impute to him motives of personal interest in this matter, could with truth assert that personal considerations had n with him whatever. He preferred the practice in the cit and could not be induced to relinquish it in favor of t court. * Another consideration, which was énited to tine was, that if a number of circuits were established for court, competent judges could not be obtained; for that was proposed. Even two thousand dollars a yea “This debate by Davis, Williams, Knox, and others, is tak Sangamo Journal, July 29. FRIDAY, JULY 23, 1847 501 justify a man who was well qualified for the office in accepting it, if he were obliged to travel all over the state. He hoped at all events, that the committee would see the propriety of providing that the number of places at which the supreme court should be held, should not exceed three. _ Mr. WILLIAMS said he felt some solicitude in this matter, and it was a question in which all the people of the State were deeply interested. He did not concur in the objections which some gentlemen seemed to entertain, that by fixing one, or even two or three places only, for the sitting of the Supreme Court, they would be depriving any portion of the people of the benefit of the supervision and control of that court over the inferior tri- bunals of the country. It was not proposed that in doing this its jurisdiction should be limited to one district or to one county. The only question was, where that court could best hold its ses- sions for the supervision and control of the decisions of the inferior courts. Gentlemen had argued the question as if they appre- hended that by fixing it at one, two, or three places only, the benefits to be derived from it would be but partial, and would not extend equally to the whole State. The gentleman from Knox (Mr. Harvey), had told the com- mittee that it was to him immaterial whether the court should be held here or at Quincy. The gentleman then, did not require that it should be carried throughout each circuit; carried, accord- ing to the popular phrase, to each man’s door. It was only nec- essary then according to the gentleman’s showing, in order to secure every portion of the State the benefits intended to be secured by the establishment of a supreme court that its jurisdic- tion should extend all over the State, and that any person, when injustice was done him by the decision of an inferior court, should have a reasonable opportunity to have that decision reversed by the supreme court. It had been well remarked by the gentleman from White, that parties litigant would have no occasion to bring their witnesses to attend the supreme court; the court acting only upon the record, determining the points reserved for its decision _ which were thought to be erroneously determined by the inferior court.—Where was the necessity, then, for carrying that court into different counties or circuits? Did gentlemen expect that all attorney did not require to be advised by his whe esate n points observed for the decision of the supreme court. He attend the case just as well without the presence of his c It was important that there should be a supreme co purpose of correcting the errors committed by the inferi It was important that that court should be upright, i int and independent; and it was also important that it shoul an opportunity of investigating every case that might be pre it was important that the judges should be men whose le intelligence and wisdom, would afford all the facilities for them to arrive at just conclusions. How was this to be f By sending the judges hurriedly around the State and req a correct judgment was not in favor of having the cou lished at one or two places, instead of sending persons a missionaries without affording them time for investiga _ out affording them the aid of precedents and autnen course to be taken, he thought the result would he decisions, and a consequent insecurity of the rights of th litigant. But if the court were allowed to hold its si one or two places only, there would be an opportunity fo gation, and a correct line of decision might be relied up gentleman from Knox had argued unfairly. The prec which he had referred in support of his plan for a peramb y court, were in fact of a different character from the court he was speaking. The gentleman had remarked that the. in England had their circuits in which they held courts at places; but the gentleman did not draw the distinction the trials of cases at isi prius in which the justices were si engaged, and the determination of cases in banco regis, Ww analagous to our supreme court. Justices of the inetall FRIDAY, JULY 23, 1847 503 ; hee as true, had circuits for the purpose of holding the trial of cases t nist prius, but they afterwards met at Westminster Hall in _ banco regis, and there determined cases arising in all parts of the y kingdom. The gentleman had also stated that the judges of the q _ supreme court of the United States traveled round in their respec- tive circuits. So they did; but not for the trial of appeals, they / traveled as circuit judges; appeals were carried to them at Wash- ‘ington. The sitting of the supreme court was always held at ” Washington. The examples adduced by the gentleman were _ against his position, they proved exactly the reverse of that which the gentleman desired; and unless the gentleman was prepared to ‘take the ground that the supreme court of the United States ‘ought to be required to hold court in each State, then he must abandon the position as to any analogy between the cases. The _ gentleman told them also, that the judges of this State had here- _ tofore gone round; so they had, for the purpose of holding circuit courts, and complaints innumerable had come up from the people of improper decisions; everybody was tired of the system, and thought that it ought to be abandoned. ‘The people almost with one acclaim, had said we want supreme judges. He believed there was no instance, with the exception perhaps of the New _ England States, with whose history in this respect, he was not very familiar, of a supreme court holding its sittings in every cir- cuit. In Missouri it was once tried, not holding them in every circuit, but in four different places; but after some little experience in this practice, they changed it and fixed the court permanently at one place. Some regard he thought was due to the experience of Missouri in this matter, and the practice which had prevailed in all the States west of New England, was entitled to considera- tion, rather than that of New England herself; for it would be remembered that New England was densely populated, and that the place at which the court was to be held might be reached in one day’s travel; and good libraries were to be found in every county in the State. There was not the same reason then for holding the court at one particular point, while every requisite facility was afforded them at various places and where less travel was required. Again, in relation to the convenience of the law- yers, for he apprehended after all, that the object was to draw the HUA ANRC li beac Oh ph a a 504 ILLINOIS HISTORICAL COLLE practice from the supreme court into different he with the gentleman from White, that there ought to b in this matter as in other things, and however it might s savor of a disposition to please the popular taste, to whi would never pander, he must be permitted to say, that to have able lawyers on the circuit. It was not equally : por : he admitted, to have able lawyers, as to have able and judges; but it was highly necessary to have able lawyer the single result of keeping pettyfogging lawyers out of t tice and could be attained, it would redound to the credit ¢ people of the State. But it was said that a lawyer comi a remote part of the State, had to remain a long time w v2 before they could get the ear of the court. It might be sc those little lawyers who came with little cases, but it was with those who came with a reputation, and whose briefs n worth while for the court to attend to them. Ifa lawyer his case as he should do, though there might be some delay, would not be sufficient to justify complaint. He was prepared to meet gentlemen on middle ground i to this matter. He was prepared to agree that the eat hereafter, when experience showed that there was ne change. How many circuits were there to be? One report mended twenty, and another twelve. Gentlemen might: they pleased, it was well known that carrying the court into ¢ circuit would greatly increase litigation. He did not. say | would increase the number of original cases; but it wo the number of appeals. Every case that was susceptible of 2 would be carried into the supreme court, and its business be greatly and unnecessarily increased. ‘Three places, thought, would afford ample opportunity for conductin; advantage the business of the supreme court. He had been the more solicitous in regard to this m cause he knew that there was something pleasing in the - having justice carried to every man’s door, and the advantag ing the court permanently fixed in one place, were apt to looked. There was another reason why he felt apprel % FRIDAY, JULY 23, 1847 505 ie about this amendment. They were divided concerning this | system of establishing the supreme court into three parties. One | set of gentlemen were desirous of having three divisions of the State; another set desired to have the judges elected by general ticket; and another, wishing to have the judges elected by districts, and not appointed by the Governor, and each were unwilling to perfect the other system; consequently they had to fight first against the enemies of the system, and then against those who were allured with the idea of carrying home justice to every man’s door. It was for this reason that he felt a solicitude for the fate of the amendment, involving, as it did, all that was valuable in the supreme court. Mr. KNOX said he rose to make a single suggestion in regard to a matter which he believed had not been adverted to. This committee had decided that the supreme court should consist of but three judges. The proposition contained in the report of the majority of the judiciary committee which it was proposed to strike out was, that ‘‘one term of the supreme court shall be held annually in each judicial circuit,’’ and the report went on to pro- vide “‘that there shall be twelve judicial circuits, which may be increased from time to time,’ &c., and the minority ‘report pro- vided that there shall be twenty judicial districts. It would therefore be necessary for the three justices of the supreme court, if this section should be retained, to hold their courts in all these different circuits, and it was admitted on both sides of the house, that if the terms of the court were held in these different judicial circuits, the business of the court would be materially increased. The gentleman from St. Clair in his argument yesterday, took the ground that it was necessary that the court should be holden in the several districts to give the lawyers of those districts an oppor- tunity to conduct their cases, which they would not be able to do if the court was held at one place for the whole State. The whole tenor of the arguments on that side went to convince him that, under the circuit system there would be great increase of litiga- tion. The great and moving cause for calling the convention of the State of New York was, that the courts that existed in that State were entirely incompetent to dispose of all the business before them. Twelve years ago the supreme court of the State eee 1 i ea Bis cobes tetg yi gh se = he { Mya : 506 ‘ILLINOIS HISTORICAL COL that the crowded state of the business at that time gave for voluminous and interesting reports, to which, if gent would refer, they would find a rich vein of judicial decisior which they might look in vain to the records of subsequent If they would look back then to the reason for calling th Convention of New York, which was to change their ju system, it might give them some reason to fear that with judges, and no power to increase their number, whose dt should be to perambulate the State and hold courts in districts, they would be unable to discharge the duties thai be assigned them, and to investigate and decide upon all portant matters that would be brought before them. It this additional reason, with others which had been already a by gentlemen in this discussion, that he was in favor of st out the sixth section of the majority report. If it were nece to provide for holding courts in all these circuits, then it w the duty of the convention to provide for increasing the n of judges of the court; otherwise it would not be many y before it would be necessary for a convention again to be for the purpose of remedying the evil which would neces attend such an arrangement. _ ; The question being taken on striking out the 6th sec was upon a division, decided in the negative.—Ayes 58, nay Mr. ECCLES offered a proviso to the 6th section, givir legislature power to change the place of holding said cour the circuits to the seat of government, or to one point | grand division as heretofore provided for, and said change be oftener than once in six years. 2 Mr. ECCLES said, that the object of his amend that if upon a trial of the operation of holding the supreme Cot in each judicial circuit, it was found not to work well; there s 101 be vested in the legislature the power either to bring it bat FRIDAY, JULY 23, 1847 507 | to the seat of government, or if it were thought more advisable, more advantageous to the interests of the people, to establish one - in each of the grand divisions of the State. Upon the face of the proposition it seemed to promise that it would work well to estab- lish a supreme court in each judicial circuit; but it must be remem- bered that the system was as yet, an untried one in this State; and it must also be remembered that our judicial system had hitherto worked badly in every phase in which it had been tried. This would be an entirely new experiment, we were not only going ' to elect our judges, although a large portion of the convention did not think it would work well; (he for one did) and they were establishing a rotary court also. He was in favor then of provid- ing in the constitution that the supreme court should be held in each judicial circuit; and for providing also, that if it were found not to work well, they might retrace their steps so far as to locate the court at one point, in each grand division of the State at least. He thought this would accomplish the purpose which the gentle- man from Gallatin desired. _ Mr. KITCHELL said, he agreed with the gentlemen from Fayette in the opinion, that it was not desirable to fix this matter unchangeably in the constitution. He was in favor of holding the supreme court in each judicial circuit, because he thought it would tend to the greater accom- modation of the people. He thought it would be well, however, to provide that the legislature might hereafter, if it were found necessary, re-arrange this matter. He offered an amendment for that purpose. Mr. CALDWELL offered a substitute for the amendment, providing that the terms of the supreme court should be held as directed by law. Mr. CALDWELL briefly addressed the committee. He was desirous he said, that justice should be brought as near as possible to every man’s door, and that could only be done by having a greater number of judicial circuits than we had heretofore had. Anyone who was familiar with our judicial system up to the pres- ent time, must be aware that the circuits were too large. For the purpose of bringing the courts nearer to the people, and of increasing their consequence and usefulness, he was in favor of 508 _ ILLINOI S HIS TORI CAL cOLLBenK : the number of judicial circuits proposed in ee minority repo Tt was circuit courts that were required for the convenience of the people. The supreme court was of less importance to them. Mr. CAMPBELL of Jo Daviess was in favor of having four judicial circuits in the State, and five judges; and he trusted t the effort to accomplish this object hereafter might not be ut successful. With regard to the present amendment, he was i favor of it with one exception. He believed it would give to th legislature power of creating one supreme court to be held at the seat of government. He was against reposing this power upon legislature at any time, and he was equally opposed to restrict the legislature unqualifiedly to the circuit system. He did wish to tie up the hands of succeeding legislatures. If the circ system should prove itself inadequate for the purpose for which it © was intended; if, instead of facilitating the administration of justice, it proved oppressive to the people, he desired that the legislatu should have power to change the system as time and experie might dictate. ae Mr. GREGG said, it seemed to him that it would be wrong in this convention to undertake to judge as to what would be the proper system for all future time. They could not possibly know © whether the particular system which they might be disposed to adopt, would work well or not. He was willing to trust somewha to the legislature in the management of this matter. He though they might safely confide in the discretion of the representative of the people to make such alterations hereafter as the pu good might require. : Mr. HARVEY moved a substitute for Mr. Ecctes’ provisi which was rejected. Mr. KINNEY of St. Clair moved the following amendme But the legislature may change the time and place of hol the supreme court, provided that it is not held in less than fi places in the State; such change, however, not to be made ofte than once in six years. Mr. KINNEY observed, that if the system should not be fou to work well, the proper time for alteration to be made by tk legislature would be at the time of the election of judges; he thought that the substitute which he offered would meet 1 FRIDAY, JULY 23, 1847 509 approbation of those who had expressed themselves in favor of a smaller number of circuits for the supreme court. He believed that almost every gentleman who had addressed the committee was in favor of having the supreme court held in every district in the State, but they were opposed to having this matter fixed so that it could not be changed in case the system was found to work badly. The amendment which he had proposed would obviate this objection; and if at any future period after the experiment had been made, it should be found that this system did not satisfy with the wants of the people, it might be changed by the legis- lature. He thought that five places for holding the supreme court would be few enough; it would bring that court nearer to the peo- ple than if it were confined to three judicial circuits, and would be infinitely preferable to confining the court to a central posi- tion at the seat of government. Mr. DAVIS of Montgomery said he had sat patiently waiting in expectation that the committee would take some action upon this part of the report, but he could see but little prospect of coming to a decision, for if one amendment had been offered, he believed there had been fifty, and he had come to the conclusion which some gentlemen in the convention who were older than himself had arrived at some days ago, that the deliberations of ‘this convention would never lead to any good result. They _ had sat for two months, and had now before them the most im- portant report that had been, or would be made by a committee, and after being engaged upon it for several days, they were as far from being through with it as when they commenced. There seemed a manifest disposition to evade by a multitude of amend- ments and long speeches the adoption of any part of the report as it stood. The report did not seem to meet the concurrence of any two members of the convention; indeed, he believed that it had not been concurred in by more than two members of the committee from which it was reported. I believe, continued Mr. Davis, that I understood you, sir, [Mr. ScaTEs being in the chair,! as saying that you did not endorse the report itself. Sir, I am in favor of the report of the minority, because, that has at least the concurrence of two members of committee. I believe that a proposition ought yet to be made to refer the whole matter to some lawyers or farmers, that they may bring in such a sports be a basis for our action, and en we shall be able to Aston sit here and see the convention Fie ondean neue to pak ' present report into such a shape that they may all agree upon The people do not expect that in connection with making t judges elective, we shall set about tearing up all the fundame principles of the judiciary department. For one, I heartily pre test against the proceedings. I shall not make the motion : reference myself; but I do hope that we shall now pause and re the matter to a competent committee, who may report somet for our action, without wasting any more time. Mr. BALLINGALL observed that as a member of she mittee on the judiciary, it was within his own knowledge that report did receive the concurrence of a majority of that ¢ mittee. Mr. DAVIS remarked, that he had not understood the: cl] such reasons for the provisions embraced in the report as w satisfy the committee of the whole. The question being about to be put, Mr. WEAD said he hoped the Convention was not goi decide upon the number of circuits without a more full dis and interchange of opinion. Mr. Wead proceeded to cor upon the propositions contained 1 in the reports of pea number of circuits. No subject, he said, which ae come the judiciary committee had been discussed more at length the the question of dividing the State into judicial circuits for purpose of holding the supreme court. He had no desire to a cate one particular system to the exclusion of another, but fr the discussion which had taken place before the judiciary co mittee, he had come to the conclusion that the way in which could best meet the wishes of the people of the State, was divide it into twenty judicial circuits at least. He had beet FRIDAY, JULY 23, 71847 Sir establishing a county court for the transaction of probate business; ‘but reflection, the discussion which was elicited in committee, and _ the long array of facts which was presented had satisfied him of the impracticability of that system; and he believed that if gentle- men would give their attention to the subject, they would arrive at the same conclusion. __ Mr. WEAD proceeded at considerable length to advocate the aap proposition contained in the report of the minority of the com- mittee. ___ On motion of Mr. Epwarps, of Madison, the committee rose “and reported back the reports, with sundry amendments and _ asked the concurrence of the convention therein. Mr. EDWARDS moved that the whole subject be referred to a select committee of one from each judicial circuit. 7 Mr. MINSHALL moved to amend by making it two from each judicial circuit. _ Mr. ROUNTREE moved to amend by making it three from each judicial circuit. Mr. Z. CASEY said he should vote in favor of the motion of the gentleman from Madison, and trusted that it would prevail. Mr. BALLINGALL opposed the motion. There was nothing remarkable, he thought, in the action of the committee. Nothing Was more common than that a variety of amendments should be .proposed. There was a majority of the committee on the judiciary in favor of the adoption of the amendment of the gentle- man from Fayette to the report of that committee. Because the committee of the whole had thought proper to differ in some points from the majority of the committee on the judicary, was this a sufficient reason for appointing a special committee? The business would not be accelerated by it. If, as had been said, the gentleman from Fulton, had spoken to empty benches, that was no reason why the order of business should be changed. He hoped the committee would not arise; he thought it would be of no use whatever to obtain another report, and to commence over again the discussion upon it; it would be only jumping out of the frying pan into the fire. Mr. EDWARDS. of Madison said he thought that every member of the convention must be satisfied that no good purpose Cie spite 512 ~‘ILLINOIS HISTORICAL COLLECTIONS ~ could be accomplished by pursuing the discussion of this subj in the embarrassed situation in which the committee were no placed. Every gentleman must perceive that they were cons: ing time without the prospect of arriving at any definite conclusi He would move that the committee rise and report for the pu of referring the subject back to the judiciary committee or t select committee, so that a proposition might be reported upo which they could act free from the confusion and embarrassme in which they were now involved. Whilst the gentleman fro Fulton had been presenting to the committee views of the ut mc magnitude, gentlemen would observe that nearly every seat vacant, and little or no attention was bestowed upon one of tf most important questions that could be presented to them. — moved that the committee rise and report. Mr. SCATES opposed the reference. a Mr. KNAPP of Jersey was in favor of the reef toa si ( committee, and moved that the committee consist of nine inste of twenty-seven. ; Mr. EDWARDS of Madison said he was indifferent as to th anes He would have proposed a smaller number himself, he thought they would be more apt to concur readily. He wo accept the amendment of the gentleman from Jersey as a mi fication of his motion. Mr. WEAD said that in his opinion nothing was to. be gait by a reference of this matter to a special committee; but if it referred, it ought to be to a committee consisting of a gr number, because nine members would not give a fair repres tion of the State. The number proposed was entirely too to consider a subject of so much importance; a subject invol so many conflicting interests. His impression was, that no gi would arise from its reference; the proper place for deciding matter was in committee of the whole. fi Mr. MINSHALL was in favor of its reference to a select com- mittee, but preferred that the committee should consist of a larget number than nine, and less than twenty-seven. He SuEBeSE eighteen as the proper number. Mr. SERVANT was in favor of the reference to a select co: mittee to be composed of two members from each judicial circu FRIDAY, JULY 23, 1847 513 and he trusted that those who were appointed on the committee would frame their report in accordance with the views that had _ been expressed by the committee of the whole. - Mr. DAVIS of Montgomery, was in favor of a reference to a - select committee of twenty-seven, and he had no doubt from the _ discussion that had taken place, that the committee would be _ enabled to make such a report as would meet with the approba- tion of the committee of the whole. Mr. Z. CASEY desired to suggest to the gentleman from Mont- gomery, whether his views would not be as well carried out by the appointment of a committee of nine members, as one of twenty- seven? He believed the present proposition was, that the commit- tee should consist of nine; one from each judicial circuit. If this proposition were adopted each circuit would be represented, and all differences in the views of the members of the committee would be more readily reconciled, than if the committee consisted of a larger number. Mr. KNOWLTON was in favor of the reference. The com- mittee if appointed, he said, would, from the discussion that had taken place, understand pretty nearly the prevailing sentiment of the convention; and if they were willing to yield somewhat of each man’s peculiar ideas; to abandon somewhat of pride of opinion in order to meet the wishes of the greater number; and to do that which would best promote the interest of the State; he thought they might easily agree upon a plan which would meet the con- _ currence of the convention. He thought that a select committee would best accomplish the desired object, and he was in favor of making the committee a large one; because the report of a large body would have so much more weight, that the convention would the more readily harmonize upon it.] Mr. EDWARDS moved that the whole subject be referred to a select committee of one from each judicial district; which amendment, after being amended so as to refer the subject to a committee of three from each judicial district, was agreed to. The following gentlemen were appointed the committee, under the above motion. Messrs. Epwarps of Madison, Locxwoop, Davis of Massac, 514. ILLINOIS HISTORICAL CO of Scott, BosBYSHELL, Deen Hurisur vor Bureau. And the Convention adjourned till 3 Pp. mM. | Be é AFTERNOON Mr. EDWARDS of Madison offered certain artic to be inserted in the constitution, in relation to the which were referred to the committee on Finance. Mr. ARCHER moved the Convention resolve itself mittee of the whole on the report of the committee on the zation of Departments; which motion was carried, al Casey took the chair. The report was taken up by sec Src. 1. There shall be chosen, by the qualifi throughout the state, an Auditor of Public Accounts,. hold his office for the term of four years, and shall be regulated by law, and who shall receive a thousand dollars per annum for his services. Mr. BUTLER moved to strike out $1,000, and i ir which was rejected. . Mr. DAVIS of Meee moved to add ta) the : sectic jected. Mr. JONES moved to add to the section: © Carried. Oe. Sec. 2. There shall be elected, by the soe ie decided § in the affirmative. f Mr. LOGAN moved to strike out $800, and i insert yeas 44, nays 64. Rejected. Mr. KENNER moved to strike out two years, “four years.” Rejected. Mb, FRIDAY, JULY 23, 1847 515 Daas. PETERS moved to insert after years: ‘‘and until his ‘successor is qualified.” Carried. _ Mr. CHURCH moved to add to the section: ‘exclusive of iss hire.” Rejected. Sections three and four, having been provided for in a former “report, were, on motion, stricken out. - On motion, the committee rose and reported back the article, with the amendments, to the Convention. _ _ The question being on concurring in the amendments, they ‘were concurred in. ‘ ; Mr. PETERS moved to insert after ‘years’ in the first sec- tion: “and until his successor is qualified.’”’ Carried. The question was put on the adoption of the two sections as article of the constitution, and decided in the affirmative. Mr. SCATES moved it be referred to the committee of Revi- sion. Carried. Mr. ROMAN moved the ne of the committee on Elections _ and Right of Suffrage be referred to the committee of the whole, and that the Convention go into committee on that report; which was decided in the affirmative, and Mr. Harvey was called to the chair. Sec. 1. In all elections every white male citizen, above the age of twenty-one years, having resided in the state one year next preceding any election, shall be entitled to vote at such election; and every white male inhabitant of the age aforesaid, who may be a resident of this state at the time of the adoption of this constitu- tion, shall have the right of voting as aforesaid; but no such citizen or inhabitant shall be entitled to vote except in the district or county in which he shall actually reside at the time of such election. Mr. SCATES moved to strike out “‘citizen”’ in [the] first line and insert “inhabitant.” Mr. S. said, that he made the motion because he was in favor of admitting foreigners to the right of voting, provided they had, like other voters, resided twelve months in the state, and made a declaration of their intention to become citizens. He thought that men who came to this country as an asylum from oppression, and on account of a love for our institutions, should not be con- $16 ILLINOIS HISTORICAL COL sidered in the light of spies, or as mischievous person ; come here to operate dangerously with the privilege We had had an experience of a similar law, and found no. ing from it—We placed all foreigners under the same citizens—we taxed them, we made them subservient to and compelled them to work on the road and perform duties of citizenship, and he saw no reason why we sho them the right of voting, or refuse them the privileges of They made good citizens, and in the present war wer even the unnaturalized, to be ready and willing to battle land of their choice. He thought the time proposed lon for the probationary term. ; Mr. GEDDES replied, and thought the law of the States, requiring five years residence, a period not too k that we ought to follow it. i The question was then taken on striking out, and de the negative. . rm Mr. ROMAN moved to insert after “constitution: ei has filed his declaration of his intention to become a citiz United States, according to the laws thereof.” ‘ Mr. GEDDES moved to strike out “or,” in the amen and insert ‘“‘and.” 4 Mr. HAYES opposed the amendment to the amend because it not only affected those who were to come int state, but also those who were here at present. He was of the amendment, and had voted for the amendmen gentleman from Jefferson, Mr. ScaTEs. Mr. BROCKMAN was in favor of the amenuareee but: to the amendment to it. He was willing that every came to the state should enjoy the rights of freemen. opposed to any distinctions among the people, and was admit all to equal rights. Mr. CAMPBELL of Jo Daviess said, that he nonede tion would not be taken at this time. The Conventic to run away with the denote without giving time for c ation. The question now before them was one of great imp to a large portion of the community, and particularly to the FRIDAY, JULY 23, 1847 517 ‘ing classes. He asked those who desired this feature in the con- stitution changed, to point out the abuses of which they com- plained. He would ask them if it had retarded the progress of the state? If it has thrown any obstacle in the way of a full develop- ment of our resources? If any one would point out to him when it had done this, then he would go with them in the change. Will gentlemen tell him the ground of their complaints? He believed them nothing but imaginary chimeras of the brain, or the result of some party design. If he had time, and this question had not been sprung upon them this afternoon, he would have been pre- pared to enter more largely upon the subject, and would have drawn a clause to be inserted in the constitution, which, he was sure, would meet the views of a majority of the people of the state. Mr. C. read what he said was the substance of his plan: To require of every foreigner coming into the state, and desiring the rights of citizenship, to take an oath of allegiance, and of his intention to become a citizen, to be filed in a court of record; and, provided he shall have been twelve months in the state, to be admitted to all the privileges of citizens. He asked gentlemen to tell him if men had the hardihood to leave the land of their fathers, the scenes of their youth, their friends and acquaintances, to come to a country of whose government and institutions they were ignorant of? Could any man say that these foreigners tore themselves from their native land and came to this country without some previous knowledge and acquaintance with the form of govern- ment under which they were about to place themselves? Was it possible? He thought not. He would ask them to place them- selves in the same position. If they were about to emigrate to a foreign land and to leave the institutions under which they were reared, would not their first thought be directed, and their most “anxious enquiries made, to obtain knowledge and information of the system of government in the country they were about to select. So withthe foreigners. Those gentlemen who declare that foreign- ers, after a two years’ residence, are not qualified to be entitled to exercise the right of voting say that which has no foundation in fact, and they can base no such conclusion upon any thing con- tained in the history of the last thirty years. One other thing: we had an enormous debt, fast accumulating in interest, and which TAMA Ri csi Say! a 518 ILLINOIS HISTORICAL oo ( fslges we were unable to pay. But it was to be pelts ho Ne answer is, by the natural resources of the state. And how a are tl be developed? Only by the hard hand of labor. How are our untenanted prairies to be covered, and their fertility made ductive? By increaseofpopulation. Wealladmit that the nz resources of Illinois are amply sufficient to pay all our debt; then that is wanted is a development of them by labor, and requires hands. Should we not then hold out to the world greatest inducement for men, particularly of the laboring c to come amongst us, to till our prairies, to work in our mines, 2 develop the vast and inexhaustible resources of our state. cannot obtain this class of population age Sst out: where. Fier the same reason, he was sede toa pals tax: opposed to any restriction upon the right of suffrage, the | which would fall most heavily upon the working classes. T. desired, and it was our policy, to see [them] free and unrest; the exercise of that privilege so dear to them. He would vot amendment of Mr. Roman, unless gentlemen who complait the system as it stood, would point [out] to him, in the history past thirty years, any evils resulting from it. He called upon the to make some argument, to give some reason for the chanted if they did not, he would never vote for it. vin a Messrs. Davis of Montgomery, Parmer of Macouy Green of Tazewell, all opposed the amendment. Mr. GEDDES withdrew his anh to the aged Mr. HARDING renewed it. iN Mr. KINNEY of St. Clair obtained the floor, but gave to a motion that the committee rise. The committee the chairman reported progress. Aan Mr. GREGG offered a resolution that, in ottes toh hall cleaned, the carpets taken up, etc., and to enable the mittee to finish the business before ‘hem when the Con adjourned, it would adjourn till Monday. Carried. And then, on motion, the Convention adjourned. ; XXXVIII. MONDAY, JULY 26, 1847 The Convention met at 8 P. M. Mr. HAYES moved that so much of the resolution presented | on the 16th inst., by Mr. Knapp, of Jersey, and passed on that day __ by the Convention, which states that this Convention is unable to _ protect itself or its officers from insult or indignity, be rescinded. And, also, that the President be requested and authorized to make arrangements for having the Convention opened each morning with prayer. Which resolutions were passed. Mr. SHERMAN presented a plan of restricted corporations to be chartered by the Legislature, for various purposes, banking, manufacturing, &c. Which he moved to be laid on the table and printed. Mr. BALLINGALL opposed the printing of any such plans. _ Several members had their favorite schemes, and if one were pub- % lished why not extend the same courtesy to all. He would oppose it as a bad precedent. The gentleman from Fayette, the gentle- man from Grundy, and from Jo Daviess would also have an equal ‘right to have their propositions printed. If all were printed the _ expense would be considerable and if one only was printed it would be showing a want of equal courtesy, therefore, he would vote against publishing any. Mr. SHERMAN replied, that it would be impossible for the members to fully understand the various propositions upon this important subject unless they were laid before them. As to the economy advocated by his colleague (Mr. BAattincatt) he thought that it would be no saving of expense to refuse the printing, because the time lost in reading them, when the question of banks came before the Convention and the difficulty in amending, or understanding them, would be a greater cost to the state than if _ they were printed. He had no objections to the printing of the other propositions. : Mr. DEMENT said a few words in favor of the printing. 519 520 ILLINOIS HISTORICAL COLLECTI 0. Mr. WEST thought the printing of the proposition wov the best course to follow. Be Mr. CAMPBELL of Jo Daviess opposed the printing asi 1- necessary, and as of no sort of benefit. } Mr. EDMONSON presented (in order to have printed will the proposition of Mr. SHERMAN) a long system of banking restri and provisos, and offered it as a substitute for the propositio Mr. SHERMAN. D: Mr. ARMSTRONG presented a substitute for the substitute 3 proposition, (total prohibition of banks in the state,) which, - any were to be published, he desired to be printed with the oth Mr. McCALLEN said, that he had a substitute for the of the propositions, which he desired to have published if an were to be printed. He did not, however, desire to have any them printed. No person ever thought that a plan of a b; coming from representatives of Cook county would be adop He was a bank man, and desired to have established a bank wh would be of some benefit and advantage to the people of the st —He desired to have nothing to do with the bantlings that v¥ presented by the representatives from Cook county, who in favor of prohibition.—If they were to have a bank, he d to have such a one as would be proposed by the friends of institution. It appeared to him very strange that these prob tion men could not wait till the bank was proposed by its friend he thought it looked as if they feared they would have nothi the “odious banking system” to annihilate—or to adopt! — Mr. SHERMAN said, that he would say to the member Hardin, that, as one of the representatives from Cook, hi no prohibitionist, that he never was in favor of the prohi clause. Mr. McCALLEN said, that his remarks were grounded the course of one of the members from that county, (Mr. Gree who made a speech some time ago in favor of prohibition wound up by presenting a system of banking. After that ple, he thought that he was not wrong in supposing the gent (Mr. S.) to be in favor of a prohibitory clause, although he r present a plan for granting incorporations. He moved that. whole subject be laid on the table till the 1st of January, 184) MONDAY, JULY 26, 1847 521 Mr. BALLINGALL said, that as one of the representatives - from Cook he would say that he was in favor of a total prohi- ‘bition of banks. He was opposed to them for many reasons, but particularly for the very good and all-sufficient reason that the democratic convention that nominated him and the other dele- gates, passed a resolution instructing them to vote for a prohibitory clause! This instruction he would obey. The question was taken on the motion to lay on the table till January, 1848, and decided in the affirmative. Mr. ALLEN, from the committee on the Bill of Rights, to whom had been referred the petition of sundry citizens of Winne- bago county, praying the abolishment of all distinctions of color, reported the same back, and asked to be discharged from the further consideration of the subject. Granted. _ THE CARPET {In pursuance to the order of the Convention made on Friday last, the carpet on the floor of the hall was taken up by the door- keepers on Saturday, but unfortunately would not hold together after the dust was shaken out. Consequently the door-keepers reported that the same could not be replaced on the floor, so shockingly torn was its condition. The noise made by the one hundred and seventy persons in the hall, by moving upon the uncovered floor, was so great that it was impossible to proceed with the business.] Mr. THOMAS stated that he desired to call the attention of the house to the difficulty of proceeding with the business, while the floor was uncovered and such noise prevailing. [Cries of “louder” from all parts of the house.] Mr. T. repeated what he had said, and urged, as the reporter understood him, that a new carpet should be procured, as the old one was not fit to be replaced —so torn and worn that it could not be put upon the floor again. Mr. CAMPBELL of Jo Daviess suggested that the carpet could not be obtained in Springfield. On a former occasion he had tried here and in St. Louis but could not get sufficient of any one kind to cover this hall. Mr. THOMAS moved that the Convention adjourn till to- _ new carpet, and chek withdrew it. mors. 522 ILLINOIS HISTORICAL co morrow at 8 A. M., to enable the Sedetnaee of State to Mr EDWARDS of Madison inquired haw ace it Sale to put down the carpet? Our adjournment should be regula meet that contingency. Mr. ROBBINS moved that when the Convention ad adjourn to meet in the Senate chamber; he ne a sufficient might be found there. Mr. VANCE moved that the old carpet be replaced, no me what was its condition. carpet shontd now turn to and put it down. © Mr. THOMAS renewed his motion to adjourn. He saic it had been suggested to him that a committee be appoint examine and enquire into the condition of the old carpet, (lau but he had no desire to make such a motion. ee Mr. SINGLETON moved Mr. Tuomas be appointed a mittee to examine the old carpet and report its condition al probable utility for future service. f A Memser proposed that the floor be covered with saw du Mr. DAVIS of Montgomery said, that it would take s days to have a new carpet put down, and he hoped that carpet would be replaced, it would prevent the noise to ane that would enable them to go on with the business. A Memper said, that this Convention has no authe : purchase or order a new carpet. ei Mr. THOMAS said, the Secretary of State was directed the law to furnish us what was necessary for our comfort and | venience, in the despatch of business. a Mr. PETERS said, that we should regulate our adjou according to the probabilities of having the carpet pu And (at the suggestion of Mr. SHarpe) he moved the door. address the Convention upon the condition of the old ca After innumerable suggestions, motions, ideas, pro and recommendations, the following resolution was propo: Mr. Kinney of St. Clair, and adopted by the Convention: ae P to examine ‘ike igi) ey at if He same i not ina an ion to be replaced on the floor of this hall, then to pur- | ew one for the same. And the door-keepers are author- poly saan hands to aid them in putting the same , on | motion, the Convention adjourned. | XXXIX. TUESDAY, JULY 27, 1847 Mr. DUMMER presented a petition of sundry citizens of C county, praying the appointment of a superintendent of cor mon schools. Referred to the committee of Ede committee on Elections and Right of Suffrage. The question pending was on the amendment to the section proposed by Mr. Roman. Mr. Roman modified his amenc ment as follows: ; Insert, after “constitution,” the follayeines “And all - white male inhabitants of the age aforesaid, not being citizens | the United States, who shall have resided in this state one ye and shall have declared their intention to become citizens of United States by a declaration of that intention in conformi with the laws of the United States: Provided, whenever Congre shall dispense with a declaration of intention as a requisite 1 naturalization, the declaration of intention required above shall be made and filed 1 in the office of the clerk of any court of record in this state.” Mr. KINNEY of St. Clair rose and said, that it was not h intention to take up much of the time of this committee in di cussing this question, but it was one on which he desired to expt his views, and would do so briefly. The question was the rig of suffrage—and whether we should restrict it in our state, « depart from the rule laid down by the wise framers of our pr constitution, or adhere to that rule and secure that right in a unrestricted form. The member from Macoupin (Mr. PALME! has told us that, if we extended the right of suffrage to the uw naturalized foreigners, we violate the constitution of the U: te States, because that instrument secures to Congress the rig establishing a uniform naturalization law. That gentleman tainly has never examined the constitution upon this point does not understand it or construe it correctly. The framers of 524 TUESDAY, JULY 27, 1847 525 constitution of the United States gave Congress the power to pass uniform naturalization laws, not any power to control the action of the states with regard to the exercise of the elective franchise within its limits. Let that gentleman read on a little further in the constitution and he will find that it says, “the house of representatives shall be composed of members chosen,” &c.; “and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the legis- lature.” Here the power to regulate the qualification of voters is left to the states, and is not attempted to be defined by the con- stitution. If the rules which should govern the right of suffrage were stated in the constitution, as claimed by the interpretation. of the gentleman, then state sovereignty would sink into nothing. Congress has the power to pass laws of naturalization, and the states have it not; but Congress has no power to control the right of suffrage in any state, or to define the prerequisite qualifica- tions of its exercise. This the states alone possess. Again: Is it our policy, as a state burdened with debt and sparsely settled, to restrict the right of suffrage, and thus prevent immigration to our soil? It has always been our policy to encour- age it; the policy of the general government has been the same. One of the great subjects of complaint urged against Great Britain in the declaration of independence, was, that she restricted emigration, that she denied the men of other climes the right to expatriate themselves from their native lands, and from their homes, to seek a shelter here, and to find in our then thinly settled land a home. All of our state constitutions encourage immigra- tion to their states, and the same spirit runs throughout the whole land. The right to expatriate oneself, and to seek a home, has always been contended for by the United States, and it was finally tested in relation to our own people in the case of the settlement of Texas by American citizens, who left their country and went there and became citizens, and whom our government recognised as citizens of that government. They could not deny the right of men to go wherever they please, even to expatriate themselves. We have the power to receive these men. We have the power to prescribe what shall be the qualifications of voters for the members of our General Assembly, and the men whom we entitle to vote 526 ILLINOIS HISTORICAL COLLE for members of our General Assembly are orisha ‘expr the United States constitution, to vote for members | We may have no power to make them citizens, but we allow them the exercise of the elective franchise. It thought, our policy to encourage immigration by exten the immigrants the right of suffrage. They came to ou settled down upon our land, and we taxed them as much as citizens; we compelled them to bear the burdens of our gov ment, we made them do work on our roads, and perform all duties required of citizens. Why not, then, give them the of suffrage? Why deny them a voice in the election of the: -: for the period of six years? This policy had been laid dow the framers of the present constitution. They, too, rile immigration should be encouraged, that foreigners woul into our large state, if we allow them this right; they gave it t them, and why should we now change that policy? They prod the wealth of our state; they are principally the laboring It was the policy of our fathers to encourage immigration the east, and from foreign lands, in order to have our land 1 ited, and they extended inducements such as no other state He thought that we should rather encourage them to com us, by throwing open to them all the privileges of civil libert above all the right of suffrage. We are here, a Conventio devise the best means of raising revenue to pay off our debt. do this, to relieve us from this evil, it is proposed to levy a po showing that at present we have not in our state asi quantity of taxable property’ to raise revenue upon to expenses, or to pay the interest on our debt. Why den foreigners this great inducement to come and settle among and increase the value of our waste lands, increase the po and lessen the burdens by which we are oppressed. Mu been said about the character and ignorance of the fore lation that come to our shores. He would refer the ge tl to the two great states of New York and Pennsylvaniz settled by Germans, the latter nearly populated by them, there anything in the character of their people dangero liberties of the people? They had alwaysencouraged im to their soil. Those states have grown, they have wi i TUESDAY, JULY 27, 17847 527 wield an immense influence, and are the most prudent in all their 1M acts. Yet neither of those states have, with few exceptions, the i "vast and unexhaustible resources of Illinois. A gentleman had _ complained that the paupers and criminals of Europe come to this country, and therefore this restrictive policy should be followed. Will they not come, no matter what the restrictions? Throw _ around the right of suffrage all the restrictions they think proper, and such people will come any how, you cannot prevent them from coming here; but you will exclude those who will be of benefit and advantage to the state, those who bring wealth, and who settle _ down among us without any desire save to live here and enjoy our institutions. Something had been said about the opinions of celebrated men of the country in relation to foreigners. He desired not to allude to it here, it would introduce party spirit, the spirit of a party styled “Native American.” He did not believe there was any man in the Convention who would stand up and say the doctrines of that party were right. If, however, the gentle- man who had alluded to Washington, would look into the writings of that great man, he would find that, instead of being a “‘ Native American,” they will discover that his feelings, his sentiments, and actions were very different from the doctrines taught by that party. Mr. TURNBULL said, that after a common sense view of ‘the matter by him, he had come to the conclusion that we had no power to do anything in conflict with a law of Congress, passed under a power vested in them by the constitution. [Mr. TURNBULL said: Theimportant question before the committee has not, in my opinion, been fairly met by gentlemen opposed to the view contained in the report, and in favor of this amendment. It is a principle founded on common sense, that, in any society whatever, members alone have a right to a voice in the management of the affairs of that society. This is true of civil society, as well as of all others. Gentlemen on the opposite side have taken the ground that _ residence should entitle the alien to the right of suffrage. Sir, in my opinion, citizen-ship, alone, can entitle a person to a vote. 48 This speech by Turnbull is taken from the Sangamo Journal, August 5. By the Constitution of the United States, Concedes power to make a uniform rule of naturalization. The S having delegated that power to Congress, and that body h passed a naturalization law, we have no right to make a that subject. The State has a right to fix the qualifica voters on all other points; that is, to declare how long a pe who is a citizen of the United States, coming from another S shall reside in this State before he can vote. This State has required a property qualification, and I hope never will. question cannot turn on the length of residence; for, in a after living among us, and becoming acquainted with our in tions; if he has lived, even in one county, five, ten, or ev: years, and at the end of that time is so opposed to our gove that he will not become naturalized, he can have no right to a y To permit an alien to vote for Electors of President and | President, and Congressman, is injustice to the other State this Union. Surely, gentlemen can discern between natura, acquired rights. The State protects the alien in the enjoy: his natural rights; then, when he acquires citizenship, let placed on the same footing with our native-born citizens. The right to exercise the elective franchise is an ines’ right. What boon, Mr. Chairman, would induce you to this privilege? Sir, you can fix no price:—that right cann valued. And shall we give away our dearest rights, to th No! Let him first qualify himself for this distinguished for, by any other name I cannot, in the present instance, Let him renounce his allegiance to the potentate from whose ernment he hails, and become a citizen. Then, and not till t let him enjoy the privileges of the native-born citizen.]} ‘ \, Mr. GREGG said, that it had been well remarked, t elective franchise, to be beneficial, must be exercised wisely, that when not exercised wisely, it becomes a curse, insteac blessing. From this he could not see the good sense or logic i argument which will bring us to the conclusion, that an ¢ should reside in the country five years before he can exer¢ right of voting. We now say that six months shall be the this is what the framers of our present constitution requi TUESDAY, JULY 27, 1847 529 ' enable aliens to exercise the right of suffrage. This same principle _ of a short probationary term was recognized by the ordinance of | 1787, established for the government of the north-western territory. _ They were allowed to be represented and to vote for representatives to the territorial legislature. The same provision was incorporated | into the territorial government of Ohio, Indiana, and Illinois; and _ this provision was made for the purpose of encouraging immigra tion to the country. It gave them the right to choose their rulers. In 1812 the act establishing the territorial government of Illinois _ was passed by Congress. Mr. G. read an extract from its provi- sions. It was then not thought by the Congress who passed the act, that it would be dangerous to the liberties of the country, to give foreigners, after a residence of less than five years, the right of exercising the elective franchise; and now when we propose the same provision to be inserted in our constitution, we enter into an argument upon the wisdom of the Congress who passed that law, and who, in all their actions, were distinguished by their just regard for the rights of man. It has been said, that we have no power to confer this franchise upon aliens; that the constitution -has conferred upon Congress the exclusive power of establishing naturalization laws, and the gentleman from Macoupin bases upon this an argument that, because the states have no power to pass naturalization laws, therefore, she cannot confer the right of suffrage upon any but citizens. The gentleman made an argument of some ability but of more sophistry. It was a fallacy from beginning to the end. It was based upon the ground that the elective franchise was an incident of citizenship. Citizenship has other rights than this. It is not one intended to be conferred by citizenship. In framing the constitution, the exclusive power was left to the states to make such, and whatever rules and regulations should govern the exer- cise of the elective franchise. It is in the first section of the second article of the constitution of the United States. (Mr. G. read the section.) Does not this language show clearly that the states have been left the power to control this franchise? What are electors of members of Congress? The same electors as the states may admit to be electors for the most numerous branch of the Legislature. Congress has attempted to fix no rule upon the at Bes Auiiae sh bil iy shy ahd gia set Ay In one state a property qualification i is reqniene ina ship, in another residence, in other states other rules; man say that Congress has, or can, by any power given the constitution, enter into legislation for the intern: state and limit by metes and bounds the rights and her people, and say who shall vote for members of the No, sir, the states have ever been left with this power c the qualifications of the voters within her limits. Mr. G. here read an extract from a paper 1 in the F by Mr. Maptson. i Here, sir, is the language of Mr. Mapison, she’ fa ! constitution, who says that the whole subject of the qualification of voters has been left with the states, tha the whole power to prescribe the rules to govern the fr that their fiat settles the question. He says that | no right to interfere, and that the power has been wisel: the states. He therefore concluded that we have the : make whatever rules upon the subject of the right of suf that we should not exercise that power to operate : rights of men, nor so that we should become illiberal ar We have now free suffrage, let us retain it. Do not let u examples of other states who have bound up this inesti they have lessened the liberty of their people, have , rights. The argument of the gentleman from Ma therefore a fallacy, if he (Mr. G.) was right in his which was supported by the words of Mr. Mapison of the constitution. He would refer the gentleman t Rhode Island, and the restrictions placed upon the rig there. She was the most illiberal and unjust, in Biot: d rights, of all the states in the Union. Te the negro leaned, or talented the latter might be. We ae example of this state, in placing restrictions upon TUESDAY, JULY 27, 1847 531 anchise, but for one, he was not desirous of so doing. He was in | "favor of encouraging immigration by having the exercise of the ‘right i in the reach of all. Such had been our policy, and he asked, _ would we now leave it to follow the examples, and to adopt the maxims of illiberality, bigotry and prejudice, more becoming a government of tyrants than of freemen. We want the population. _ We want the labor. We want the men to till our soil, those who will bring to our aid, the hard hand of labor to develop our _ resources in their full beauty and proportion. And unless we do so, these men from the adjoining states, and foreign lands, would find elsewhere a home, where these privileges would be granted them. Mr. G. pursued this subject at length. He alluded to our mines, and the vast hidden and undeveloped riches of our state,and asked how [we] would restrict immigration of labor to bring them forth from their hiding places, and render them of service to our em- barrassed state? He thought all such attempts should be frowned down. When all our means of wealth could be developed, he claimed for Illinois no second place in the Union, but first in influence in the affairs of the nation. He could see no evils in the past that called for this change. He could not see how our liberties had been put in jeopardy during the past, nor how they could be for the future. He challenged an instance of any foreign- er by birth, who had been less patriotic than the natives, in the cause of the state. He claimed the feeling of “love of their native land” attributed to foreigners as a sacred, a holy, and an honorable feeling, alike a pledge of their patriotism and their human feeling. The man who had no such love was a traitor to the feelings of humanity, and on his head should be branded the curse of Cain, the unmitigated curse of humanity; all fellowship should be denied him, and he compelled to associate with the brutes of creation. He said the immigrants all made this country and her institutions the subject of their thought and study in the domestic circle and the family fireside, long before they left their native land. He Was not to be told that they tore themselves from their native land, the graves of their fathers and the homes of their childhood, to come among strangers to dwell, without first having obtained knowledge of the character of the government under which they were about ta place themselves; nor that, after enjoying our ea oi a ake ASN PS eee sei ini 532 ILLINOIS HISTORICAL COLLECTIONS — freedom, they would be found faithless to the land of tion. All experience gave the lie to such a charge. never falter in support of our country when they cont that they left behind them. Mr. G. then alluded to their in the army on the battle field; to their deeds as seamen navy, who have aided in bearing the stars and stripes in -over every sea. He denied that the founders of our tion entertained any such opinion of distrust of foreigne: had tried them; they knew their worth in the conflict — revolution; they made no distinction between men on act a difference of birth; their minds was [sic] as extensive as itself, it included every country, clime, and creed. It hac shown that their policy was, that this country should bec asylum of the brave and the refuge of the oppressed. He glowingly to the many signers of the declaration of indep who were men of foreign birth. The quotation from Washing farewell address in relation to foreign influence was ma allusion to the attachment felt by our people towards Fran it was'against this he warned them. The name of Wash was known and revered everywhere; it was the wat liberty in the lips of freemen; the word that tyrants trembl hear. He had, during his administration, issued a procle n setting a day for general thanksgiving to heaven for blessings, and in it he said this country should forever be for the oppressed of all nations, and the unfortunate of A sentiment worthy of a patriot. This was a sufficient those who declare that he considered there was no virt what was American. They were asked to place the te years, because foreigners could not become, inaless time, a with our institutions; this he had answered alre intelligence of our immigrants is greatly underrated. H some acquaintance with them, and knew many of them ally, and had generally found them more learned and 1 quainted with our institutions than they are represente and he ventured to say that if an equal number of th placed along side of a number of our natives, chosen in nately, that they would not be found to be less acquainted spirit of our government than the latter. The gentleman oe TUESDAY, JULY 27, 1847 533 ‘azewell supposes them as always ignorant. That member, accustomed to all the bigotry of his native state, is as ignorant _ of the character of the immigrants to our state, as he supposes _ they are of our laws and institutions. Let him but study their character a little more, and like an honorable man he will change | his opinions. Throw around the elective franchise all sorts of ' restrictions—criminals and paupers will come to the country, shut the doors upon every privilege, say that those who were born here shall be the exclusive worshipers at the shrine of liberty—still they will come and you cannot prevent them. He alluded to the term of probation proposed by “‘Native Americans,” twenty- _ one years, and thought that those who contended for five years should with consistency advocate the same doctrine; he spurned the principles of such a party as unworthy of Americans, and said they were advocated by men, who, in five times five years, could not have as good a knowledge of our institutions as those immi- grants, who come here to dwell, generally acquired in one year. He advocated at length the policy which we have heretofore fol- lowed—the encouragement, by offering them the greatest induce- ments, to settle in this state. He saw no reason to depart from it now and turn the tide of immigration to the neighboring states who opened to them their lands, their privileges, and admitted them on grounds of equality. He wanted not to let those states say to the emigrant—“ Avoid Illinois, there the bigotry and preju- dice of the “Native American’ spirit burns, it shuts y ou out of all the privileges and immunities that belong to freemen, and render|s] you as men unworthy of trust or confidence, and deprive[s] you of what every man should have—the right of suffrage. Come to us, we will give you all these privileges.”’ Will we permit this to be said of us? The interests and future prospects of this state depend on our answer. He would have the state increase upon liberal principles. He would have the world say, as it does now, to the immigrant in search of a home—“‘Go to IIlinois—go to the prairie state, where you will be taken by the hand of American friendship, and welcomed to a full participation in the rights of freemen, to which hospitality and liberality she already owes her fast increasing wealth and prosperity.” This is what Mr. G. desired to have said of the state of Illinois. oy" Mr. GREENE of Tazewell replied to Va Sues att upon the state of Rhode Island.—He had lived there, was ra there, and he wanted no information from any New Yorker of principles and condition of the people of that state —That s' had never known trouble or difficulty until some of these Yorkers—one Mr. Slamm, and a ruffian from ‘the penitent called Mike Walsh, came there to make laws for her people. - would ask them to go there and look at the peace and pro of her people, at the well cultured farms and the spirit of indu pervading the whole community, and then let them come ai tell us something of her condition. Mr. G. was opposed, as | had expressed himself before, to extending the right of suffrage to foreigners till they had become citizens. He repeated his vie of the majority of foreigners who came here to be ignorant that none but such, and criminals and paupers, came here at Those who were intelligent and industrious remained at able to get along there without coming here, Mr. BALLINGALL said, that he desired to say a few wor upon the question now before them, for he felt much intere in its decision. He was not an American by birth, and hops that he would be pardoned if he detained the committee wi remarks. He would have proposed an amendment similar t now pending, had he not been anticipated by the gentleman St. Clair. In setting out, he would ask gentlemen, how w ; that they denied the constitutionality of allowing foreigners ) vote before they became citizens, yet they all were. willing tha: those unnaturalized and who were in the state, should be al that privilege? Had we not sworn to observe the constitut the United States, and if this were a violation of it in one cas was also in the other. They might say that those who were. had a vested interest; but let them not allow this to weigh d their oath; let them not take their oath in one hand and the vested interest in the other, and balance them. ‘That same oath is by every man who makes an oath of allegiance. = ignorant of our laws. Is this the fact generally? No. Th be a few, and perhaps some may be found in Chicago, who d , PA Aig ce RY Oe eee Pa ee ee Peete ae Some “TUESDAY, JULY 27, 1847 535 ught that this oath of allegiance is not necessary, but it may be per to require it. It was also argued, that they should be here years, because they could not understand our institutions ina time. Another argument, and used in support of the charge c ignorance, was that many came here who did notunderstand our language. He was sorry to hear these objections. In the days of the revolution, no such objections were urged against foreigners y their forefathers, as he had heard to-day by their sons. In the it day, they extended to the Canadians, exclusively French, and a exclusively Roman Catholic, their arms for aid, and sought from the people their assistance—On the other hand, the British Ac al applied to the Bishop of Quebec for men and arms, and th at prelate replied that the incitement of the people to strife and tfare was not the business of the ministers of religion—an nple of christian feeling the gentleman from Tazewell might y bell follow. In that day the forefathers of the country addressed "the people of Ireland— whom that gentleman is so particularly _ opposed to—and asked them for support. (Mr. B. read an ex- ” tract from the address.) Is this the same spirit which has been shown here to-day, on this floor by Americans?—Those were the _ “times that tried men’s souls.” In the winter of 1775—remark- a able for its severity and the privations of the army—there was aman from that country, who braved all its perils in the cause . of our country and fell before the walls of Quebec. Congress sent t to France for a monument to perpetuate his fame and mem- i * ae os > He said he quoted these instances of foreigners rendering ervice to our country, because he wished to show that the fathers of the country asked no questions of those who come among them as to their birthplace. He alluded to the several signers of the ‘. de aration of independence who were foreigners, and particularly to John Witherspoon, who, like himself, was from the land of ot mountains and of flood. There was then no craven tongue come forward and bid them stand back, that they could not sign that _ instrument, because they drew their first breath in a foreign land. a f there were any such here, well might they hang their heads in Aix PURE FR eT Loe des Sede 536 ILLINOIS HISTORICAL COLLEEN " shame. He would call the attention of senelemenet al p larly those from Macoupin and Tazewell, to the seventh r given in the declaration of independence, why we took up a against Great Britain and George the Third: ““He has endeavo to prevent the population of these states; for that purpose structing the laws of naturalization of foreigners; refusing to p others to encourage their migration hither,” &c. These ge men know that we have a state larger in territory than Engl and Scotland together, and they seek to close the door a immigration, by requiring that they shall become citizens bef they have a right to exercise the right of suffrage. They are dot as did George the Third—when addressed—you are refusing to p laws to encourage immigration to our state. He would refe: another instance, where a foreigner who was in the ranks o army in the days of the revolution seized a tory (an Ameri ic. who had been an enemy of his country, and hung him ot leafless limb of a tree in the forest, the descendant of that (the foreigner) is a delegate upon this floor, [Mr. CAMPBELL McDonough] and when the time comes will no doubt vote this amendment and say as he does so—‘“‘and this to your ory!” ' Mr. B. then reviewed the same statutes referred to by Greco, and pointed out the several instances where Congress : admitted, in the territories, unnaturalized foreigners to the of suffrage; and begged such of the legal gentlemen who d from him to examine the colonial statutes and they would that foreigners were then naturalized on very easy terms. | Mapison, in commenting upon this subject says, that th sections of the Union which had most encouraged immig have increased most rapidly in agriculture, wealth &c. then read an extract from one of the letters of Mr. Van Buren which that gentleman advocates the introduction of immigr as a wholesome restriction upon the rising ae of | people. In 1812 Congress passed a law entitled “An act to e the right of suffrage in the territory of Illinois,” which | vided that every free white male person who paid a tax had resided here one year should be entitled to vote, &c. - fi : % TUESDAY, JULY 27, 1847 537 men who passed that act took the same oath that we have, and i” they did not think they violated the constitution of the United States by giving to every one the right to vote, whether citizens or not. In 1818 Congress authorized the people of Illinois to hold a convention to form a constitution, and prescribed the same qualifications of voters for the members of that convention. In 18i9, that convention met, and they adopted the clause in our present constitution, and which was adopted in conformity with the spirit and policy of the times, and of the act of Congress of 1812. That constitution was presented to Congress, and they, by the act of 1819, declared that const[i]tution to be “repub- lican.” How, then, can gentlemen say that this amendment, which is the same in principle with that constitution, is in violation of the naturalization law of the United States? He regretted that the gentleman from Macoupin, who has heretofore supported some of the fundamental principles of democracy, has left us on this subject, and he urged that gentleman to reflect, and perhaps he might return. He regretted to hear that gentleman ask the question, whether the Irish people, now starving and whose eyes were turned to the world for bread, took time in their suffering to study our institutions before they fled to us for life. The question sounded harshly. He would answer the gentleman—that the Irish people, when dying for food, when laboring under all the privations and suffering of famine, when death was stalking through the land and knocking at every door, this country was ever uppermost in their thoughts, and cherished as first in their heart of hearts! He thought the question a cruel one. As to the charge of ignorance of our government because they could not understand our language, he would merely say to the member from Macoupin that he held in his hand a history of our country, written by a learned and talented Italian, which had been approved and endorsed by Mr. Jefferson; yet, if that author came here and addressed this Convention in the most eloquent terms in his native tongue, the member from Macoupin, because he could not understand him, would say he was ignorant, and could know nothing of our government. (Mr. B. read an extract from a letter from the army detailing the death of a learned and most talented man who had joined our army, and who was killed in a late battle, from Tazewell. He was aged and had a holy calling, but w. - were intelligent. But the member from Tazewell ein 538 ILLINOIS HISTORICAL COLLECTIC and who spoke no English.) Tell him not that ‘because a cannot speak our language, that therefore he is ignorant! Suc doctrine was the very essence of “Native Americanism.” M read a letter published in a whig paper in Chicago, givi description of the wealth, prosperity, and increase of a Swe: settlement in Henry county; and made some remarks upon tl exclusion of such immigrants from the state by those arbitrary restrictions. He desired no conflict with the reverend membx he so far went out of the path of his duty as to connect unnecessa a large and most respectable portion of community with crimina and paupers, his age would be no protection. He says that. foreigners who come here are raised in ignorance of the i institut of their own country and of this. He would mention to th member the fact that an American, born in Massachusetts, nam John Copely, left his native land and by pandering to the p of Great Britain had risen to the office of Lord Chancellor of kingdom. When the question of Ireland and her Ble ee ee, “aliens in blood, and aliens in religion,” he dared not say they we ignorant—the thunders of catholic emancipation taught him English lord. He pronounces them aliens in blood and alien understanding. He never thought, when he saw that memb kneeling at morning hour, praying for peace and harmony thr out the state and in this Convention, that before the sun wo have gone down at eve he would rise here and pour out his venc upon a class of our population, many of whom are vastly superior. Mr. B. read numerous extracts from Native Ame constitutions and petitions, and applied their doctrines t language of the reverend gentleman. He thought it wa: same doctrine of the alien and sedition laws. It might be that he—a foreigner by birth—should not have addressed committee on this subject; he would answer them as did anotl on a similar question. Mr. B. read the conclusion of a gj made by Hon. R. D. Owen, when attacked, for opening the on the tariff, as a foreigner. And concluded by stating that _ TUESDAY, JULY 27, 1847 539 his fellow men, perhaps he would to those of his God. He then _read from the Bible the following: F “And if a stranger sojourn with thee in the land, ye shall not vex him. ; “But the stranger that dwel/leth with you, shall be unto you a ‘as one born among you; and you shall love him as thyself; for ye "were strangers in the land of Egypt; I am the Lord your God.” _ Mr. HURLBUT pleaded guilty to the charge of being an % American, but not to that of entertaining the narrow principles _ of “Native Americans.” He thought the cause of Native Ameri- "can associations was to be traced to such remarks as had fallen _ from the lips of the gentleman, who had just sat down. He _ reviewed the constitutional arguments of the gentleman, and _ denied a precedent out of Illinois, where a man not a citizen was entitled to vote. In the state of South Carolina the constitution _ said “every free white man”—words more comprehensive than even those in our constitution, and yet no one ever presumed that _ any person could exercise the privilege but a citizen. He thought the argument was used only by those to whom it was necessary ia that the amendment should be adopted. He scorned the address- ing of foreign voters as “Irishmen,” &c., and had told his people 4 he knew them not as such. But in other places it was different. “3 He would inquire of gentlemen if there were no frauds upon the ah elective franchise on the line of the canal? If men had not been a run by wagon loads from Joliet to Chicago, and voting at every poll on the road? a Mr. GREGG said, he never heard any such thing. ~ w, _ Mr. HURLBUT replied that he himself knew nothing of it; he only had heard the representative in Congress from that dis- = “+ 4 trict (WENTWORTH) say so, and there were many others here who __ had heard him say the same thing. He claimed that if foreigners _ fought for us in the revolution, that there was a balance of account, Gs because it was they who fought against us. If the numbers __were weighed it would be found that the latter were largely in ‘f the majority. He had never heard before of the sentiment _ attributed to Mr. Van Buren, that had been mentioned by the ‘ member from Cook. If that gentleman ever used the sentiment, Pas and it was known throughout the land, then he was not surprised Ms, a - as He considered it jmahidarble for any furcveaeml to bene eke. ed with our institutions and government, without a long resid in high stations in Europe in relation to our aL! denied that the common people knew any thing of our system o government. Mr. H. occupied much time in answering sever arguments made by those who had preceded him in sup of the amendment, and closed by stating he vote vote for section as reported by the committee. a Mr. BOSBYSHELL moved the committee rise, and that com- mittee rose. The Convention then adjourned till 3 Pp. m. AFTERNOON The Convention resolved itself into committee of the w and resumed the subject under consideration in the forenoon. Mr. COLBY said, he, too, was an American, but if he that would be no reason why he would deny to men not s birth, the same rights and privileges he enjoyed. He wo not take Rhode Island as his polar star. That state had a prop er qualification, which was to him sufficiently odious without goin; farther. Shall we take that state as a polar star where th imprison a man for expressing his opinion? He thought 1 He had travelled in that state, but he had seen farms as well vated here as there. He denied the allegation that our ft population was the sweepings of the poor houses and prisons. | had found among them men as intelligent as anywhere else. J C. replied to the remarks of Mr. Hurizur and denied any kno edge of frauds at elections on the canal line. He would vote | the amendment. co Mr. THORNTON argued against the power of this to pass any law allowing foreigners the right of suffrage. — thought such was unconstitutional and challenged a le 44A longer account of Hurlbut’s speech may be found in the San Journal, August 5. %; TUESDAY, JULY 27, 1847 541 ours, yet they have never interpreted it as we have. He would vote against the amendment. Mr. ARCHER had been induced from the continued com- plaints of danger to be apprehended in case we allowed foreigners this privilege, to look into the subject, and after giving it the closest scrutiny could discover none. The history of the past taught us no such thing. He agreed with those who had said no danger was to be apprehended from men who sought a home and refuge from oppression, or from those who loved the land of their birth. He, too, argued that foreigners before they came here made our institutions the object of their study, and were not so ignorant as represented. He advocated the extension of this priv- ilege as an inducement for them to bring to us their wealth and their labor, and thought it was our best policy to encourage them _ to come there, to develop the resources of the state. He took up the constitutional question and argued for some time in favor of the power of the state to control the exercise and regulate the qualifications necessary to the exercise of the right of suffrage. He attributed the Native American associations not tosuchremarks as had been made there, but to the spoils of office. Such was the case in New York, where they held power but for one year. He alluded to the many illustrious foreigners who had rendered acknowledged services to the country, and closed by urging the most extensive liberality to the people of the whole world. Mr. A. spoke for nearly an hour, and we regret that we are precluded from giving his remarks at length. Mr. McCALLEN addressed the committee, in a speech of more than an hour and a quarter, upon the subject, and touched upon every imaginable point involved in the question. He dis- cussed it constitutionally and politically; as a question of right and wrong to the native citizen, and on grounds of expediency, and finally as a party question. He replied to all who had pre- ceded him, and anticipated those to follow. He read from several documents, in his possession, opinions of the fore-fathers of the country in opposition to foreigners, and finally took the ground that they were not the most desirable population as citizens, and not to be tolerated at all as voters, when unnaturalized. In the course of his remarks, when alluding to the member from Cook, 542 ‘ILLINOIS HISTORICAL CO he denounced the right of any man of foreign t of his country, to teach Americans what was pice Mr. BALLINGALL. Do you intend to say, ae here from any such cause? Mr. McCALLEN. I said perhaps. Ana Mr. BALLINGALL. I then say to you, bi that gentleman. Mr. McCALLEN. I can take that. I can ere you, who have shown so much bravery as to attack a headed man who cannot defend himself. Mr. SCATES addressed the Convention in an upon the constitutionality of the amendment, and was that the states had a clear and unquestionable power to the elective franchise—a right expressly conferred by section of the second article of the constitution. We : limits will not allow its insertion. ey Mr. WILLIAMS made a few remarks against the ¢ ex] of the amendment. And the committee rose, and the Convention adjour [Mr. THORNTON said* he ar not as yet participate debate, and he did not now propose to do more than ve to present a few of the reasons which would induce him to the report of the committee, and to oppose the aie 3.) gentleman from St. Clair. Notwithstanding the trivial manner in which ie constit ng question had been treated, it did seem to him that t constitutional question involved in the proposition. A specific powers granted to Congress was this; that Congr have power to pass a uniform law of naturalization. Some men had contended that the second section of the first ar the Constitution of the United States, which provides ti electors in each State, for members of Congress, “ ‘shall qualifications requisite for electors of the most numer br of the ‘State legislature,’’ deprives the National Legisl aes This account of the afternoon’s debate is taken from t Journal, August 5. OE ONE ee ee Fea ON CET IT gn eg on tae y TUESDAY, JULY 27, 1847 543 all power, in fixing the qualifications of electors. According " tosuch a construction, it seemed to him that the power granted to Congress, to pass an uniform law of naturalization, is a mere nul- Bt lity. What is the meaning of the term, Naturalization? It is the "investing an alien with the privileges of a native citizen. The "right of suffrage is one of the most inestimable privileges of the - free citizens of this country. It may be said to be his birth-right. But, sir, it is mot the birth-right of the alien. The power, then, to pass a law of naturalization has been conferred upon, and exer- _ cised by, Congress. There is no other authority in the country _ to pass a similar law. If there was, there would be no uniformity _ in this matter; there would be no safety to the country or its institutions. Michigan or Maine might require only a residence _ of one day, to entitle a man to vote; and thus, an influx of aliens _ from Canada might determine the election of President of the y United States. The States, in their sovereign capacity, may ' impose additional restrictions, upon the alien, to those imposed _ by Congress; but they have not, and ought not to possess, the ¢ _ power to prescribe any rule that would counteract and destroy _ the effect and operation of a law of Congress passed under an % express grant of power. _ But, sir, the alien, until he is naturalized, cannot be made amenable to our laws. He cannot be tried for treason;—he cannot ' be compelled to take up arms in defence of the country. Are gentlemen willing to confer upon foreigners rights and privileges _ superior to those enjoyed by native citizens? Do they wish the - foreigner to share in all the d/essings of our government, when he etait be made to bear some of the urdens? Gentlemen may __ say that the alien is prompted by as high and noble motives, and __ by the same patriotism, to rally under the banner of the country as the native citizen. Well, sir, admit that he enters into the _ service with zeal; still, the fact is unquestionable that he cannot be forced to take up arms in defense of the country, until he is naturalized. Instances occurred during the last war with Great y . Britain, of persons who had been resident in this country for x twenty or thirty years, and who were drafted to serve a short a eePsien in defense of the country during the war, who refused _to serve—upon the ground that they were not citizens of the 544 ILLINOIS HISTORICAL COLLEC country—and they were onda by the courts, Yaa ‘sl no penalty for their refusal. Is i it right or just, twats our | franchise when you cannot make them amenable to the awe There is a question of policy involved in this ea wh zation laws of the Pannery even if there were no constitut barrier. What are the statistics of immigration? I notic recent accounts, that there have landed, at New York alo between January and June of this year, eighty odd thousand 1 imn grants; and this number will, probably, be doubled before th close of the year! And how many are there that land at all th other ports of the United States? The whole number who I upon our shores, during a single year, cannot be less than four or five hundred thousand. Are all these people to be turned loose upon us, and permitted to enjoy the right of suffrage—as they be, if this amendment prevails? Would not a residence of fi years—by enabling them to become somewhat. acquainted wi our§institutions—fit them a little more to exercise the nig suffrage properly? noblest feelings of our nature, possesses. This allusion 1 is enti against the proposition which the gentleman advocated. the very reason that such a feeling does exist, I am in f. ed with, and attached to, our peculiar form of government. — sir, I would ask, if all of those 4 or 500,000 immigrants, wh« annually brought to this country, are imbued with feelings for the country of their adoption—are they actuated by tl noble and exalted motives, in coming here, which gentlemen hi attributed to them? No man feels a higher pleasure, a gr veneration, for the names of Lafayette and those other ga spirits who participated in the Revolutionary struggle. Ai Per eee le eh) eee tere TUESDAY, JULY 27, 1847 545 there are foreigners now in this country who came here for the _ purpose of making it their home—their asylum from oppression; but these feelings do not operate on all who are cast upon us. I recollect a remark that was made by a distinguished Peer in the - British Parliament, a few years ago. He recommended to turn . loose upon us, from the prisons of Europe, a swarm of felons, for "the purpose of undermining our free institutions; as he regarded it as utterly hopeless to attempt to subvert them in any other way. ‘Sir, aliens are not influenced, in coming here, by those pure feel- ” ings of love for the institutions of this country which have been 4 attributed to them. I do not, I cannot, believe that the foreign- ers who come here—many of them, at least —are induced to come from the exercise of a deliberate choice, or from motives of attach- 6 ment to this country. The native American, it is stated by gentle- men, is here merely “dy accident!’’ There is, to my mind, a double _ meaning in this expression. The foreigner, has patriotism to animate him, while the American is merely here by accident. _ The American, then, is not influenced by that pure and exalted _ love of country which the foreigner feels! I really cannot harbor such a sentiment as this; a sentiment, abhorrent to every native citizen. {[Mr. GREGG. If the gentleman imputes to me such a senti- ment, he is entirely mistaken. I do not deny that the native _ American is influenced by patriotism. I attribute patriotism to all alike.] . Mr. THORNTON: I do not refer to the gentleman. The remark was made, I believe, by another gentleman from Cook, _ that the American was here by accident. It was to this senti- _ ment to which I was adverting. I cannot believe for a moment, _ that all this large influx of foreign immigration is governed by such feelings. I have seen too much of them in the large cities of the ii to believe this. I have as much respect for foreigners as -anyman. I am as willing to welcome them here—as willing that they should find a home and an asylum here, as any man; but I am unwilling to pandertothem. All that the foreigner can we all _ that anyone can reasonably ask for him, is, that he shall be re- _ quired to live a few years in this country, in order to lose some of _ his attachment to the home of his birth, and take some slight ¥ ‘ must permit negroes to vote. But I protest against a yo 546 ILLINOIS HISTORICAL COLLECTION: interest in our institutions, before he shall have a voice in t ment of laws, in the election of officers of government; | shall have the power to upturn, if you please, that repul government under which we have lived for nearly a centu: Some gentlemen have alluded to the fact that foreigner taxed, and have contended that they should therefore be al the right of suffrage. Now, I would ask the gentleman if fen and minors who have property, are not taxed, and whether are prepared, in carrying out their doctrine, to permit and minors to vote? I ask is this doctrine correct, that e that is taxed should be allowed the right of suffrage? If s 50, doctrine. I donot believe that it has any bearing on this q stic We do not determine the principle of the right of suffrage in a way. The gentleman again says that if we adopt the rep the committee, and require aliens to be naturalized before z shall be allowed to exercise the elective franchise, we requi: than is required by some of the adjoining States, and will | immigration into this State. The constitution of Ohio h guage somewhat similar to that of our own, yet foreign required to be naturalized before they are permitted to e right of suffrage in that State. I do not, and cannot conce! that we shall prevent an influx of population at all by rest the rights of suffrage in this way. Every State in the except Illinois and Ohio, has this restriction, and requires before a man is allowed to vote, he shall be a citizen of the L States. If the restriction will have the effect of preventing in gration now, why would it not have had that influence b Why are we to suppose that the action of this convent reference to this question, will go across the ocean ‘anc & amongst us, when the same restriction has existed in ere and has not had the effect of preventing immigration in States? Such assertions ought to have no weight in the of this question. It is a question of vital importance; one w we should determine without regard to party. And I do to see the indication of so much party feeling in relation I represent on this floor a very strongly democratic county, TUESDAY, JULY 27, 1847 547 say here, that I do not know the solitary man in my county, either native or of foreign birth, who is not willing to have this clause bs in the constitution as reported by the committee. It is no party ' question in my county. The people are unanimous in requiring that those who come to this State after the adoption of this con- ' stitution, shall be naturalized according to the laws of Congress, before they shall enjoy the elective franchise. But gentlemen ask, why not carry the restriction to those already in the States? It should not be done for a very good reason, to my mind; because, to restrict those who have been invited here under the existing laws, would be a violation of an implied pledge to them that they should be allowed to enjoy the privileges, which the laws as they _ existed, at the time when they came into the State, afforded them. I for one, however, have always believed that the enactment of those laws was wrong, and that the construction given to the constitution was wrong; but that construction having been given to it, and those laws having been passed, it would be a violation of a pledge to deprive them of a right which we have already extended to them. For that reason I should be unwilling to impose any restrictions upon those who are already in the State. But I do hope that the report as it came from the committee will _be adopted, and that all aliens who come into the State hereafter, will be required to comply with the naturalization laws of the United States, before they are permitted to enjoy the right of suffrage. Mr. WOODSON gave notice that he would henceforth insist upon the enforcement of the rule which had been adopted for limiting the speeches to thirty minutes. Mr. McCALLEN next addressed the committee, in opposition to the amendment. He contended that the power had _ been _ conferred upon Congress by the constitution of the United States, to pass laws for the naturalization of foreigners, and that the several States had no right to contravene those laws. He reviewed the arguments of the gentleman who advocated the propriety of con- ferring the privilege of exercising the elective franchise, without a compliance with the requisitions of the laws of Congress, and replied to them, contending for the necessity of adhering to the terms of naturalization prescribed in that law. It had been country in a few months. It was too ee the case votes were thrown into the market, and purchased by th bidder. It had been asserted by the gentleman from Browr one of the gentlemen from Cook, that seine . ae privi _ ductive of no bad results, and that the extension of thes leges could not be productive of injury. He would refer t the scenes that had taken nts at Pi What as had been Ee here to-day? Did it not pioeeudt encroachments which were being made by foreigners 1 rights of American citizens? Mr. GREGG. I ask the gentleman if religious bias not something to do with it? Mr. McCALLEN. I ask you, sir, if fanaticism, suc been preached here to-day, had no more to do with it? Mr. GREGG. I say no, in reply. “ Mr. McCALLEN. And I say no, in reply to the gen e enquiry. . It has been reserved, continaad Mr. McCatten, ‘Ge s with such towering minds and magnanimous feelings as the gentleman from Brown, and the gentleman from make this discovery. Mr. McCALLEN proceeded to state instances of th ich use made of the influence of party men over the votes of f employed on the public works. He himself had been tt with the destruction of his prospects in case he refused to pe the unholy appetite of political gamblers. He was no to foreigners. He was as friendly to their welfare as wer who prated so much about their privileges. Every drop: ( which flowed in his veins had its origin in the land ‘ah the TUESDAY, JULY 27, 1847. 549 the land of the shamrock. But, (unfortunately for him ording to the gentleman’s showing) those from whom he lescended emigrated to this country previous to the Revolution- y war. Some of the blood of his ancestors had watered the tree liberty. The gentleman from Cook was more fortunate in not eing born in America; he was fresh and verdant from the soil of urope. » Mr. GREGG. Does the gentleman allude to me? Mr. McCALLEN. I allude to one of the gentlemen from ‘ook. _ Mr.GREGG. Does the gentleman mean me, when he speaks of the gentleman from Cook? _ Mr. McCALLEN. I mean Mr. Batiinca.t. _ Mr.BALLINGALL. 1 ask the gentleman if he does not think that thirteen years residence is not sufficient to give a man some claim to citizenship? Mr. McCALLEN. The gentleman may think for himself as “he pleases; but he must not think that because he was born in Treland or Scotland, he can come here and teach me what the _ institutions of my country are!—that he can teach those who have _ been born and nurtured upon the soil—those who have been _ dandled on the lap of American mothers! Such men are not to be taught patriotism, by those who are recently from a country _ governed by despotism. I know not what the motives are that _ brought them here—perhaps it was love for the institutions of the _ country—perhaps they came here for bread—and perhaps the _ gentleman himself may have come here as a refugee from the _ insulted dignity of the laws of his country. _ Mr. BALLINGALL. Does the gentleman mean to assert that? : Mr. McCALLEN. I say, perhaps, sir. _ Mr. BALLINGALL. I say to you, sir, that you are no gentle- man! _ Mr. McCALLEN. Well, sir, I can take that from a man who ay has no feelings in common with Americans, and a man who has _ no more bravery than to attack an old, venerable, gray-headed _ gentleman, who, from his peculiar position in society cannot by defend himself. 55° The CHAIRMAN [rapping the desk with his : thirty minutes have expired. Cries of ‘‘go on’’—‘‘go on’’—“‘go on’’—from all Sitee Mr. BALLINGALL. This is a question of great magnit Other gentlemen have spoken their hour, and I hope th gentleman will be so ungracious as to call for the enforcem the half hour rule. I hope the gentleman will be permit te proceed with his remarks. : Renewed cries of ‘ ‘proceed’ ’— “proceed” : Mr. McCALLEN. I was remarking, sir, that it came very bad grace from a mere stripling, a foreigner, to ma attack upon, and ascribe motive to a venerable gentleman - this floor; to charge him with being actuated by motives blackest and deepest corruption, when he knew that fre position in society, he could not defend himself. I ask him there is anything gentlemanly in conduct like that? When : aspersions were thrown out, I felt in duty bound to defend the aged gentleman. I have now done. a It has been asserted here, by the gentleman from Coal large portion of the army, now battling in Mexico, are f Does the gentleman know anything of the organization regular army in time of peace? Is it motives of patriotis which actuate men to enter the army? No man of en character, or who is a very valuable citizen, will enlist. chiefly those who desire to get a living without work. An have these foreigners conducted themselves? Why, sir, it is that they have deserted to the enemy by fifties and hundre Mr. McCALLEN proceeded at considerable length madvert upon the arguments of gentlemen on the opposite On motion of Mr. Geppes the committee rose, has gress, and had leave to sit again. Convention adjourned.] ‘ a ae XL. WEDNESDAY, JULY 28, 1847 _ Prayer by Rev. Mr. Fintey. ~ Leave of absence for eight days was granted to Messrs Bonn, RDING, Moore and Huston, and for fourteen days to Mr. cHaTron. The Meee bon solved inclf into committee of the whole; [tlhe report of the committee on Elections and Right of frage—Mr. Harvey in the chair. Mr. ARMSTRONG said, that he was in favor of the amend- t proposed by the gentleman from St. Clair. This was a 4 Iwanted the provision as in the old Eeasrtetcens and the whigs "wanted citizenship. The report of the committee was no com- ae it carried it up to the 5 years. The amendment was the _ compromise. He was the representative of no party or faction, he came from his county without opposition. But there were no _ whigs there, who required the time to be extended to five years. The people were big with vengeance at our protracted | "session, and unless we were careful in what provisions we made, _ our new constitution will never see day-light. The member from _ Boone said that our representative in Congress told him that _ wagon loads of foreigners were carried from poll to poll, and voted, ‘ over and over,.at one election. This is strange; no one who lives in that region, ever heard of it. It either shows our member of ¥ Congress has said in a joke what was not so, or, that he was a _ fool in selecting a confident [sic] from the whig party, and the # gentleman from Boone in particular. _ Mtr. A. alluded warmly to the high character of the foreigners who had settled in our state, and mentioned an incident that ae on the canal. A gentleman from this city came ae 554 552 ILLINOIS HISTORICAL COLL 1 —who was none other than Cou. BAKER. ‘He: (Mr. McCa..en,) and wondered that the people, aha 2 elevated virtue, had permitted them to remain in obscu He asked if the mobs in Philadelphia, and in Massachusetts, the result of a six months’ qualification? He thought we s remember the Massac and Hancock affairs, before we spo riots and bloodshed. Mr. BOSBYSHELL then addpenced the Convention at length. We are reluctantly compelled to condense his intere remarks. He advocated a liberal policy towards foreign approved of the present system. He defended foreigne aspersions cast upon them and insisted that they were industrious and useful citizens. He said that he was in fa coming as near as possible to universal suffrage. He f allow native or naturalized citizens to vote within three mo: after coming into the State, and he would allow foreigners t within a year or two after declaring their intention to b citizens. Mr. PRATT said, he felt it incumbent upon him to himself in a position before the Convention, where the which would govern his vote might not be misunderstood. understood the report of the committee to require a resi of five years, and citizenship of the United States; he und the amendment to require a residence of one year, and ar of allegiance, and of intention to become a citizen. Both pi tions recognize the necessity of restrictions. The question, was merely one of time. He was unwilling that his democ friends should force him into a position of being acting wi “Native Americans”—who desire to exclude foreigners et The principles of “Native Americans” exclude foreigners en and draw an invidious distinction between men, on account of accident of birth. He was unwilling to be forced into such a of persons, who hold this narrow-minded doctrine. The que was then, one of time, for he admitted the power of the sta regulate the exercise of the elective franchise. Time was essen to a knowledge of our institutions, and the working of our go ment. The longer that time, the greater the knowledge wo ee ee eR yg, OM oe Gee RR mere era ek /eat ay WEDNESDAY, JULY 28, 1847 553 : therefore, it was incumbent upon those who advocated "one year, to establish that that time is sufficient. It would appear, from the view of the case, that the longer time would be the better, yet no man had come forward before this Convention, to establish, _ by facts and figures, or by a comparison of man with man, that one _ year is as sufficient to acquire the necessary knowledge of our in- _ stitutions, as five years would be. Now who are these foreigners? _ They who come here, may be divided into three classes:—The _ first, those who come here with a hatred for a monarchy—and such a form of government—a hatred for the despotisms of the old world, and who left there in consequence of persecution. The gentlemen from Cook and St. Clair are of this class; but they- are very few in number. The second class, are those who leave their country to better their condition in a pecuniary manner, and not for any love of liberty, or our government; men who would as soon go to Asia as to come here, if the same facilities to wealth were open to them. Scotch and Irish merchants, who, after they have made a fortune, return to their native land. The third, and most numerous class, are those who have at home, known nothing but want and privations, and who have not the means of subsistence. They come here to gain that subsistence, and they __ are generally men of a lower social position, and of less education than those of the other classes. Their purpose in coming here is to gain a subsistence, and for the first two or three years they have neither time nor inclination to learn American manners, _ American principles, American laws and American institutions. _ Yet it has been gravely argued that in one year they can and do _ become acquainted with our constitution; and he asked if such was not an absurdity onits face.—This admitting them to the right of voting after one year’s residence, gave them the power to neutralize the votes of American citizens. Did it not degrade ’ an American citizen to give to an alien the power to neutralize his _ vote? and that too, by men who exercise the privilege by guess work. It had been asked where was the evil result in the past history of the state, owing from this provision—He would answer _ them in one case. We are in debt, the result of a ruinous and extravagant speculation in internal improvements. That debt __ has been increased by an obstinate continuance in them after the their votes have been and are now always given for men Ge e to vote for a continuance of the canal, which is of no possi benefit, except to these foreigners—The Philadelphia riots. been spoken of, and the destruction of property and of chur Who does not know that foreigners provoked these riots? a pa of men—American citizens—had assembled together to petit Congress for a repeal of the naturalization laws—a wrong policy but they had the right so to assemble. They were set upon, broke in upon and interrupted by foreigners who were opposed to tl object of the meeting; and the first bloodshed was the result o this execrable and detestable interference by the foreigners. T Americans had a right to assemble, and on these foreigners w attacked them rests the consequence of the bloodshed and violen: that ensued in that city. The question now before them was one of mere ‘expedioneys — one of time. Ohio had three foreigners to one that we ha and yet she has the same provision in her constitution th proposed by the committee. So with Indiana. In Wisconsin a provision similar to this amendment had been inserted in the « stitution, and the people rejected it. He would ask gentlemen toe go to Europe, and into some country where the language spok ef was different from ours, and what means have the people th acquiring a knowledge of our institutions? And yet the majority of the English, Irish, and German emigrants, without the natura advantages of intuitively understanding our institutions, we brought here and placed upon the same broad platform of ¢ eqi rights and privileges, and they were given the exercise of the of suffrage in common with American citizens. Was this ri He had no confidence in this doctrine of intuitive knowledge. desired, by voting for five years, to benefit the foreigner and to injure him. He desired to make them become citizens, or would have the scenes again that we had witnessed two years in Jo Daviess. He had seen men there who had been residents this state for years, and who had gone over to lowa and a to exercise the right of suffrage, but they were refused beca’ they were not citizens. They enjoyed the right of voting here WEDNESDAY, JULY 28, 1847 555 and had not thought of becoming citizens. It was said that the tree of liberty had been planted here, and that its branches were me to extend over the world; this he did not oppose, but he wanted guardians to be placed near it to protect it from abuses. a Mr. SHERMAN said, he was born in Connecticut where they _ had a property qualification, and not being blessed with the qualification, had felt the oppression of any restriction upon the right of suffrage. He opposed any restriction; but if we were to place any, he thought the term proposed by the amendment— one year—fully sufficient. He would refer to the north part of the state. It was their pride that it was fast filling up by immigrants, the majority of whom were foreigners, and he asked, why not encourage them to come on, to bring their money here and buy our land? There was scarcely an immigrant coming into the state who did not purchase a farm of from 40 to 200 acres, and then commenced paying taxes upon it. The immigration this year, he had been informed, was of the best kind. He alluded to the patriotism of the foreigners, and stated the fact that four-fifths of the two Chicago companies was composed of foreigners. He denied the charges of fraud in the elective franchise by foreigners, stated by the member from Boone, and informed the member from Jo Daviess that they had uniformly voted against the “canal ticket” on the line of that work. Mr. BROCKMAN advocated, in a speech of considerable length, the adoption of the amendment.—He repelled the various charges of incompetency from ignorance, and want of patriotism on the part of the foreign population. We have a full report of Mr. B.’s remarks, but cannot insert them today. Mr. DAVIS of Massac said, this question had been fully discussed, and he desired not to detain the committee. But as he was chairman of the committee which had reported this section he desired to express the reasons which had governed him in so doing. There was a difference in opinion in the committee on this subject. He was opposed to that portion of the report now under discussion. There were six in favor of it and five opposed to it. It was argued in committee, and they could not agree. \ 46 A longer account of this speech by Pratt may be found in the Sangamo Journal, August 12. He did not think it necessary for him to argue ‘that he stat the power to control and regulate the exercise of the e franchise, that was too plain a proposition to require argument. He read from Story’s Commentaries, and s d the matter was settled. Mr. D. followed the question, usual warmth, through all its points, and argued that it w: just and politic for the state of Illinois to adopt the ame Mr. BUTLER discussed the question to a considerable but our space will not permit us to report his speech. He the matter home to the whigs, and showed that from that qr alone came the opposition to the right of foreigners having a in our elections. He contended that the best interests « state should prompt us to give them the right of suffrage shortest possible time, after filing their declaration to citizens, and that while we impose upon them the burd ns government, we should not so far forget the dictates of justi the rights of man, as to refuse to extend to them its immuni privileges. That he considered this a party question. T had made it, and [he] was free to acknowledge that while. upon principle, he acted as a party man in this respect. — Tha belonged to a party which he took pride in saying was foun upon principle, and it was impossible for him, or any other | = than as a party man to this extent, gentlemen’s declarati ) contrary notwithstanding. Messrs. TurnBuLt and Davis of Montgomery foll opposition. i Mr. WHITESIDE offered, as an cmichaea to be! the amendment, the following; which was accepted . Roman: “And provided further, that if such inhabitant “gh Ne perfect citizenship according to the laws of the United at the earliest practicable period after declaration of in then the elective franchise shall cease until citizenship sha been perfected.” ai _ for this change, and will not be satisfied with a silent vote. We WEDNESDAY, JULY 28, 1847 557 Mr. CAMPBELL of Jo Daviess opposed the modification and hoped that it would be withdrawn, because he did not see how our constitution could be made so as to compel foreigners to perfect their naturalization. The question properly before us is, shall we admit them to the right of suffrage, or deny it. If we give them the privilege, it is not competent for us, at the expiration of five years, to say to them—you shall have this right nolonger. He did not intend, after his opening address a few days ago, to detain the committee by making a speech. He regretted that those who opposed the extension of this privilege had not come forward with the reasons for this change in our policy, and for their silent vote upon this question. The people desired argument and reasons want in our state an increase in our laboring population, and when gentlemen refuse to give their reasons for their silent vote, by _ which they cut off an inducement for that class to migrate here, we must conclude that behind that silent vote is hid some secret party intention. We want the men among us to do hard labor. It is said that we have in ourselves the means of developing our resources, and that to protect our own citizens we must exclude the foreigners. There is no competition in labor. There is no competition here for the privilege of laboring in our state. It was unpleasant to him to be obliged to refer to the remarks made by his colleague this morning.—He would merely state a fact in relation to the opinions of that gentleman, before the meeting of this Convention, which would not be denied, if it were, it would be a denial of truth. Before the election we rode out from Galena to a place called Vinegar Hill, where there were some 60 or 70 foreigners at work. After entering into conversation with them upon the subjects that would come before the Conven- tion, this subject of the right of suffrage came before us, and that gentleman told them that he was in favor of foreigners, after aresi- _ denceof one year, and a declaration of intention to become acitizen, a pra! Wy ; - to be admitted to the exercise of the elective franchise. And the good faith with which he carried out that pledge has been shown here this morning. Mr. C. said that he had challenged gentlemen to maint out the dangers to be apprehended from foreigners coming amongst 558 us. The member from Montgomery read to us some fra of a letter of Washington, found by him in the torn oe Bian “Native American” newspaper. devil always quoted scripture, and if he could do “9 w. that party quote isolated remarks of Washington and Jef and sustain the most contemptible doctrines? He hated very name of “Native American.” Native American! He horred and despised the very name. Go to yon city in the look at the lofty spires and towering domes erected to the h and glory of God, torn down, desecrated, and reduced to a: and my colleague justifies this! God and his religion torn down trampled to the earth—and it meets with justification, from such a source! Mr. C. addressed the committee at m length in support of the amendment, and upon the good ch of our foreign residents. Mr. DAVIS of Montgomery replied, and passed an upon the Illinois volunteers. : [Mr. DAVIS, of Massac said,“” it was necessary that he sh explain the position which he occupied in regard to the repo The committee were divided, and although every effort was r to produce a reconcilement of opinion, it was found utterly possible for them to agree. The division on the report w to four, and he was finally instructed by the majority of th mittee to make the report in the form in which it had been p sented to the convention. It may be thought strange, put Mr. Davis, that I have come in here with this report whil entertain opinions adverse to it. There is but one single pr osition, however, involved in it, which does not meet my and cordial approbation, and that is the proposition which elicited so much discussion, and which is now under considera b 47This account of the speeches of Davis, Butler, Campbell, and oth taken 22 the Sangamo Journal, August 12. WEDNESDAY, JULY 28, 1847 559 It has been contended that a State of this confederacy has no _ the general government to establish rules on the subject of natural- _ ization,) to fix the qualification of electors. This is a proposition Be < which is so palably wrong as not in my opinion to need discussion; but although it is clearly wrong, and has ever been so held, yet I will enter very briefly into its discussion, and will produce authority to sustain my position. It never has been pretended, I believe, sir, that in consequence of conferring by the several States, in the constitution of the United States, upon the Federal Govern- ment the power to establish an uniform rule of naturalization, that therefore a State has no right to fix the qualification of electors. I will here read an authority in point. I read from Story’s Com- ___ mentaries: %, **There is no pretence to say, that the power in the national ~ ‘‘government can be used, so as to exclude any State from its “share in the representation in Congress. Nor can it be said, . ‘with correctness, that Congress can, in any way, so alter the _ ‘‘rights and qualifications of voters.’’ If this authority be correct, then, sir, there can be no doubt ___as to the power of this convention to fix the qualification of electors. There can be no doubt as to the power of this body to __ say that an individual born in a foreign land, may come here and __ exercise this important privilege; and to show that the position “7 nf occupied by the gentleman from Macoupin, and others on the same side with him, is untenable, it is only necessary to advert to be the fact, that they are perfectly willing that all persons who may 3 _ be in Illinois at the time of the adoption of this constitution, may _ exercise this important franchise. Now if it be a violation of the constitution of the United States, to provide by constitutional _ provision that foreigners coming to the country hereafter, may "exercise the elective franchise, notwithstanding they may not pe have been naturalized, I say, if it be true that it would be a viola- __ tion of the constitution, as has been contended by somegentlemen, __toallow such persons to vote, unless they have been natural- ized under the law of congress; would it not be equally a violation of the constitution of the United States to allow individuals to q = vote who may be here at the time of the adoption of this constitu- me that they will at once renounce the arguments hel in regard to the power of the convention to fix the qu that it was useless, in my opinion, to enter into the aise si this constitutional question, upon which gentlemen ha into a palpable error. The only question, in my judgment, 1 should engage the attention of the committee, is whether or will be proper for the convention to fix the qualification of 1 according to the mode proposed by the gentleman from and in order to come to a conclusion upon this propo seems to me that it will be only necessary to ask the ques these persons be faithful in their allegiance to this gove and capable of exercising intelligently the elective franchi my opinion nothing more should be required as an ev their attachment to our constitution and laws, than the declaration made in the presence of a court of record, intention to become citizens of the United States, and a re tion of all allegiance to the kingdom from which the emig come. Can there be a stronger evidence than the oath open court, in the presence of the people and of his God intention of the party to become a citizen? Could the stronger evidence, IT say, of his sincerity The mere it, sustain it, to do everything that a good citizen should do. mere lapse of time, I repeat, can constitute no argument in of the supposition that the party would be attached to the stitution. The question then is, could he exercise the voting intelligently? Is he in a condition to do so? understand the constitution and the laws of the countr probable, sir, that an individual would take an oath to s the constitution without understanding it? Is it a he land of his nativity—everything endeared to him by the ‘recollections of his youth, and declare his intention to support the constitution and laws of the country of his adoption, unless he had some idea of that constitution and of those laws under which he was about to live? I know, sir, that it is important that every man who may be called on to exercise the important privilege of voting, should know something about the institutions of the country, and should be capable of making a good selection when “he comes to vote for those who are to administer the government; but we have no means in this republic of ours, of ascertaining whether an individual is acquainted with the institutions of the ountry, but such as are presented to us in the ordinary way. Ape cannot know whether a man is qualified to do this or to do _ that except by ordinary means. Now I apprehend, though I am ‘ “not very well acquainted with many foreigners, I apprehend that most of them when bidding adieu to their homes, and launching upon the broad bosom of the Atlantic to come to this country and _ swell the current of freedom, are actuated by the best possible “motives; that they are anxiously bent on doing all they can to ( make themselves freemen, and to assist in the promotion of the "great principles of human liberty. And is it to be assumed that _ they are the most ignorant classes of Europe? I think not. It "is the intelligent; it is those who are capable of entering into the _ most noble of enterprises, who leave their homes for the purpose ‘of finding a new home in the western world. The idle, the slothful, and the ignorant will remain at home and bear the fetters and _ shackles of the government under which they have been born; he has no ambition to seek a home in another country, where he may enjoy in a most eminent manner the benefits of a civil government, _ that is built upon the true basis of human freedom. Hence it is ‘we find in the United States foreigners who have accumulated ‘ immense fortunes; hence it is that we find foreigners who have _ contributed to the great cause of human liberty; hence it is that _ we find in the United States foreigners who have on all occasions Peedwn themselves ready and willing to bear arms and expose their lives in the defence of the country. They are attached, ardently oe to the institutions of the country. They appreciate } NRK + 562 ‘ILLINOIS HISTORICAL . COLLEC feeling has been well expressed by one who understood t of the human heart: ““Breathes there a man with soul so dead, Who never to himself has said, This is my own, my native land?’ } It is impossible to eradicate from the mind this - attachment to the place of one’s birth. But, although deared to us by many fond recollections and pleasin we can divest ourselves of all attachment to that which is error. What was it that produced the original settlemen country? It was the oppression which prevailed in the o The genius and intrepidity of the old world discovered an this continent, and is it to be presumed that men wh to this country with them an ardent love for liberty unconquerable hatred of tyranny; is it.to be Pe Why, it is a notorious fact, and that fact has been spr ea the world, by one of the most able writers of the present that there is an unusual tendency throughout the whole world, to throw off the shackles of oppression, and to liberal governments. ame | The gentleman from Macoupin thinks that something necessary than a mere declaration of intention to became eae he in an n equal degree intelligence to exercise in an € manner the elective franchise, and to refuse its exercise who fall short of this standard, I fear, sir, that many, must be excluded. with the constitution of the country, so as to be able to commentary upon it; but it is to be expected that every m WEDNESDAY, JULY 28, 1847 563 able to judge between a good and a bad government. It is tyranny and universal freedom. The idea that was expressed the other day by the gentleman from Jo Daviess, and in which I con- curred, that it was the interest of the State of Illinois to do all ‘ss ‘that it can do, to invite immigration. The same policy that governed the actions and deliberations of the Convention of this State in 1818, should, in my judgment, govern thé deliberations of and action of this body. It was then thought desirable that _ persons should be invited into the State, to settle its verdant prai- ‘ries and cultivate its acres. It is now no less desirable than then, that they should be invited into this country, or at least that there should be no obstacles thrown in the way of immigration. That all who may desire to come into the State should have every proper inducement held out to them to come here and take up their abode ‘among us. We have a soil capable of supporting a dense popula- tion; we have a State peculiarly blessed by Heaven, and one which in the progress of time is destined, in my humble opinion, ‘to stand unrivalled in this confederacy. We are at present under the embarrassment arising from the existence of a large public debt, and we all acknowledge it to be our bounden duty to adopt every practicable means for the payment of that debt. We all regard repudiation as a thing never to be tolerated by the citizens of this State. We all agree that every energy should be exerted for the speedy liquidation of that debt. If then by constitutional provision, we place competition between the State of Illinois and other adjacent States, is it not probable that our population will not increase so rapidly as it would increase if we were to leave this provision open; or at least to adopt the amendment of the gentle- man from St. Clair? I think so, sir. __ And again, sir, it is in my judgment a violation, and I express it with great deference to the opinions of gentlemen who entertain a different view of the question—it is a violation of the natural right of every man to be represented when he is subject to be called on to perform duty, let that duty be of what character it may. Sir, all men derive immediately from their Creator the right to govern themselves, and when a government is instituted by yielding up a portion of the natural rights which belong to each t4 564 ILLINOIS HISTORICAL COI have transferred the power of acting for us. It is wrong sir, for the reason that these persons are to be opera ed all the branches of the government, that they should, | siderable period of time be excluded from the enjoyment o privileges which belong to citizens. Is it apprehended admitting these people to the enjoyment of this import the institutions of the State will be endangered? Its sir, that we should not abandon the principle that all have some participancy in the affairs of government, p when they may be called upon to contribute to the supp government. These people, as I before said, are subjeci Baker, when the tocsin of war has sounded, rally to battle. Shall we say that such men shall not exercise franchise? Shall we say, by the formation of a cons the State of Illinois, a State which has heretofore been ized by a peculiar degree of liberality; shall we say that men of the same family of freemen as ourselves, men ente the same principles, the same political views, the sa attachment to freedom, are we to say that they shall simple reason that they have not been naturalized ac the laws of the United States, be entitled to enjoy those privileges? I trust that such a conclusion will not be arr by this committee. There is no man who would m go for their exclusion than myself, if I could be con there could be any just apprehension of danger to the ins of the State, by permitting the exercise of the elective by foreigners. If I thought this, I would deny them but believing, as I do, from the little experience that I ha that there is probably little danger to be apprehended fr source; I cannot believe that in view of the solemn oath nounce all allegiance to the government of the country ff they came, and to support the constitution of the U and the constitution of Illinois, it is right to deny ibe cise of this important privilege. WEDNESDAY, JULY 28, 1847 565 ere has been in the course of the discussion a great deal of become excited in debate, (and I am not myself exempt from error,) they unconsciously say that which they afterwards t. Some allusion has been made to certain gentlemen who seats on the floor of this convention who have come from sn lands, and taken up their residence among us. Those tlemen, I have no doubt, are as ardently attached to our in- tutions as those of us who have had a hand in laying their dations, broad and ample. I regretted, sir, to see such a state feeling as this. I do not know what may have been the evils € county of Jo Daviess may have experienced. I confessed in ‘outset that I was not sufficiently acquainted with the foreign- who are in the State to be able to judge of them; but the few yeigners who are resident in the portion of the State in which live are, in my opinion, as ardently attached to the interests of 2 country as any citizen in the State. They are as peaceful and _ as industrious citizens as we have; they add as much to the active by in dustry of the State as any other citizens of equal number to mselves. Shall we then prohibit these persons from enjoying ‘a ae and thus induce them to go to a neighbor- “aah are not capable of understanding our institutions be- they are unacquainted with our language, is certainly eed, I think, tovery little weight. There are few of them who ‘do not speak our language, those few are chiefly Germans and it must be recollected that in Germany the whole people enjoy the idvantages of education to a greater extent than the people of any other country on the habitable globe. Being educated and intelligent, they have no great difficulty in making themselves acquainted with the nature of our institutions, and they are in- uenced in a great degree by the same political notions, and by € same ardent desire for liberty which characterize the American eople. Is it to be presumed, sir, that they will not after one _ year’s residence be capable of exercising the elective franchise? iy think not, sir. My own mind has been conducted to the con- clusion, that they can after one year’s residence exercise the privi- proposition of the gentleman from St. Clair. Mr. BUTLER next addressed the committee. who hae preresed me in favor of the pioncemon b Convention, that there is little left for me to say, except t my cordial approbation of the amendment which has be posed by the gentleman from St. Clair. I conceive, sir, t report of the committee, which it is proposed to amend, adopted, deprive a large and respectable class of the ci this State of their natural rights, and upon this point I ft cur with the gentleman from Massac. I conceive it to bea right, a right to participate in the government by which th governed, of which this report would deprive them. Thi proposes to make a very great change in our present constitu a change which I believe to be uncalled for, a change believe the people of this State do not ask for, and as knowledge is concerned, I can truly say, a change to w never will consent, a change to which they most strenuousl; and that objection will be made manifest when the vote taken on the constitution. This class of people, sir, w provision will affect is in the section of the State in whic munity. Now, sir, they will look upon a proposition of t as unjust, unequal, and oppressive. They conceive that as they are good citizens; so fone = as they obey the laws of the government are imposed upon them, they should ave to enjoy the privileges and immunities of that governme especially the privilege which the report of the committee to deprive them, which is so dear to us and will be to think, sir, we are purposing too many changes 4 in this con we proceed as we have commenced;—such an oppositic think, will ensure its rejection by the people. Sir, I do not p to enter into a long discussion of this matter. It has been a WEDNESDAY, JULY 28, 1847 — 567 bject had not the gentleman from Adams made the remarks ' which he made last evening. That gentleman, as is usual with the party to which he belongs, raised the cry of no party, and alleged in his place that he knew of no party question having been _ made in this State on this subject. Now I believe that it is per- F -fectly notorious that such is not the case, and that the reverse is true. It is well known that it has been and now is a party ques- tion, and I freely and openly and willingly avow that I act upon Re: this subject as a party question, and as a party man I conceive _ that each and every party ought to be composed and constituted with reference to principles, and if a man acts upon principle, he _ must necessarily, to a certain degree, act as a party man; and - 1 am free to confess that this is one of the principles of the party _ to which I belong, which I am proud to say has its foundation on principle. I therefore act in regard to this question as a party _ man; and I believe that the gentleman from Adams himself, acts from the same motives, although he is unwilling to avow it. If it be not a party question, why do we see gentlemen of the opposite party so strictly arrayed on the other side? There is the strongest evidence that can be given in this Convention, that it is a party ‘question, the gentleman’s declaration to the contrary notwith- standing. I have observed that whenever certain gentlemen in the opposite ranks get into a difficulty, certain allusions are thrown out in relation to John Thompson and his team. Now, sir, I under- _stand the intention of these expressions;—I understand the mean- ing intended to be conveyed, and the effect which gentlemen intend to create by the use of these expressions, and I despise the Natrow-minded spirit which prompts their use. I hold such a miserable low pettifogging mode of attack in the utmost contempt. I shall, however, pass that by. I leave such things for what they are worth, and I will leave those gentlemen who make use of them, as the remnants of an ill-spent political life. Whatever course I have taken, or may take, is founded upon principles, upon those principles which I hold dear, and I acknowledge the right of no individual to question my right to entertain them. One word more, sir, upon the question before the committee, and I have done. It has been alleged that the immigration of foreigners into this State, and permitting them to exercise the - continued, to procure the votes of the laborers; and what was 568 ILLINOIS HISTORICAL COLLECT: right of suffrage is deleterious to the i interests of oe Stee; has a bad effect; and will always have a bad effect. Has been any evidence of this? Has there been a single ins pointed out? The gentleman from Jo Daviess is the only in ual who has attempted it. He has said that foreigners were employed upon the public works gave their votes in favor those persons who were favorable to the continuance of tho works, for the purpose of obtaining employment for themsely: The answer of the gentleman from Cook upon this point is clusive. It is true that upon the line of the canal individ endeavored, by representing themselves as being in favor o progress of the work, which was then on the point of being ¢ result? Those laborers, sir, opposed them on the day of election: Those men are in that region very numerous; they have nev in the exercise of the right of suffrage personal consider above those of the public interest. They are very numerou: yet in all the delegation from that region of the country, there but one member on this floor of foreign birth from that section the State: and though numerous, sir, they have not presumed ask, that which gentlemen have said they would ask, if the; of suffrage should be extended to them. But, said Mr. B., there is another view of this question whi induces me to cukanid the right of suffrage to foreign immig after one year’s residence. The right of suffrage, the righ voice in the selection and election of the various officers in government, has had, and will have the effect of inducing ther inform themselves as to the nature of our institutions a qualify themselves to discharge this and other duties unders ingly and in a proper manner. But, sir, if you deprive th this privilege; if you refuse to give them a voice in the admi tion of the government, you take away this incentive, this ind ment to thus qualify themselves, and you create in them a of attention, a carelessness, which in a great measure would rend them unfit for a proper exercise of this privilege. Such will, the course of things, be the effect on the minds of men, and has been the effect in all despotic governments, and govern which deprive their people of this invaluable right,—a WEDNESDAY, JULY 28, 1847 569 on which the liberties of every nation in a great measure depends. _ Mr. DAVIS, of Montgomery, said that he had not intended to say anything on this subject. He had no apology to offer, how- ever, for detaining the committee a few moments. He would not "Shelby, said Mr. Davss, stated clearly and distinctly that the _ government ought not to extend the right of suffrage to aliens - until they become citizens; because, until they become citizens a) according to the gentleman's views, would have no power to com- a pel these persons to defend the country in time of war; and that in a case they were admitted into the army, and should desert and go th over to the enemy, this government would have no power to punish \) them. The gentleman (continued Mr. Davis), stated these things as clear and indisputable facts, and so I maintain they are. No - gentleman here has, as yet, satisfactorily answered them. Is there _ any gentleman who pretends to say that if we adopt a provision giving the right of suffrage to foreigners, without naturali- zation, they will be amenable to the laws of the general govern- ment? Is there any gentleman here who will pretend to say that _ the state of things, as stated by the gentleman from Shelby, does not actually exist? If there be such an one, I would like to hear _ him maintain that position. Is it not right then that a foreigner _ should be required before being allowed to vote, to place himself in a situation in which the government would have jurisdiction and control over him, at least so far as it has over those who are born here? Now, I call the attention of gentlemen on the other _ side to this point, and if they are able to explain it to my satisfac- _ tion, I hope they will do so. The gentleman from Jo Daviess, this morning, placed the matter on its true ground; he argued it fairly; and I would like to hear his arguments replied to and _ tefuted, if gentlemen are able to refute them. He said it was a _ question of time; that it was a question as to whether it would not ___ be best for us and best for the foreigners themselves to make the term of residence, previous to naturalization, equal to that re- _ quired by the laws of the United States, as they are at present— rv: aac be 570 ILLINOIS HISTORICAL COLLEC which would make them qualified citizens ae = them not only citizens of this State, but entitle them to the p leges of citizenship in every other State in the Union, and k them completely under the jurisdiction of the government. would be placing the matter upon its true and proper four But the amendment proposes to place the foreigner as soon ¢ lands on the shores of Illinois, upon precisely the same foot tin a man from the State of New York or Kentucky. Now, I this right? I understood the gentleman from Massac, (an is no gentleman on this floor in whose intelligence and have more confidence, but it does seem to me that he was in regard to this matter), I understood him to say that fore had a natural right to vote. I maintain, sir, that they have 1 a natural right. I say that the organization of governme arbitrary, and that we, having organized a government of our and conferred certain privileges upon our citizens, may. persons coming from another country, that they are not ent to claim anything asa natural right. Why, I should like to k if such doctrine as this is to be advocated here by lawyer those who have made the science of government their study. in the broad open field of nature, before any government ¥ organized at all, men had natural rights; but the moment ments were organized, each man gave up a portion of his na rights. Is it to be contended here that people from every of the earth, people of all kindred and all colors, may co and claim national rights-under our government Woes ais K i TT all parts of the habitable globe have a right to come hese ar all the rights that we enjoy. The gentleman has placed h in this position, and he cannot escape from it. Mr. BUTLER (interposing) said that the position ‘ vidual had a natural right to have a voice in the sales Ge th ernment under which he lived. to the same thing. The gentlemen had better consult their b and ascertain how governments are organized. I lay it down WEDNESDAY, JULY 28, 1847 Eat _a principle, from which no intelligent man will attempt to escape, that the organization of governments is arbitrary, and that every individual yields up a portion of his natural rights, in order that he may enjoy the protection of the government in those rights which remain to him. The difference between the gentlemen and myself is this: They contend that all persons are entitled to a __ voice in the affairs of the government under which they live, with- _ out submitting to those restrictions which the government sees _ fittoimpose. ThisI deny. I maintain that the government has a right to prescribe restrictions. J maintain that an individual has no natural rights under a government. He has only such rights as he may acquire; and I lay it down as a broad principle, from which no gentleman will attempt to escape, that this con- __vention has a right to prescribe in what manner aliens may be- : come citizens, and in regard to the particular manner, it is alto- gether a question of expediency. But, the gentlemen say that requiring a residence of one year before a foreigner shall be allowed to vote, is depriving him of a natural right. Such a doctrine as this would destroy the very foundation upon which all govern- ments rest. If gentlemen think, that to carry out such a doctrine as this would best promote the interests of the State, and have strength to carry it out, let them doit. It is not my intention to detain the committee very long. I said at the outset, that I should neither praise foreigners nor abuse them; I hope at least to have the privilege of claiming to understand the principles upon which our government rests as well as they do. The gentleman from Harding yesterday read a portion of Washington’s farewell address. Everyone must know that Wash- ington’s intention was to guard us against foreign influence. Sir, when we abandon our naturalization laws and admit foreign- ers to the privileges of citizenship without restrictions, do we not subject ourselves to foreign influence to an alarming extent; to such an extent, as upon the occurrence of a great political contest, might put it in their power to subvert the liberties of the country? It has been said, that it was a view entertained by a British states- - man, that the only way to subvert this government was to throw amongst us a foreign population, and if we say that as soon as they touch our shores they shall be ova fide citizens, might not such a 572 «ILLINOIS HISTORICAL COLLE result be effected? Might it not be done? I am onl a case, it is the duty of the government to guard most remote possibility of evil. One word regarding the i which has been made by the gentleman from Lake: I und rs him to say that it was a party question. Now, I have | sai little about my constituency as any man. I represent in rt counties which have a democratic majority of four hund fifty. I took ground in my addresses to the people in favor of naturalization laws of the United States, and at no time di } it objected to by anyone. 4 I am going to close, sir, with a single ‘aun in aan this John Thompson affair. The allusions of gentlemen t matter have been pronounced to be low and contemptible. Th expressions cannot apply to me, sir, because I have never said word about it; but suffer me now to say, that when I want to of John Thompson and his oxen, I will do it; and no man breathes, no man that lives and moves, and has his being, deter me from doing it. I hold myself responsible to no any figure of speech that I may use. I care nothing abou Thompson and his oxen; let it all go for what itis worth. = Mr. CAMPBELL of Jo Daviess next addressed the commi t He desired to hear some good and sufficient reasons assij } gentlemen who were so desirous of depriving foreigners privilege of exercising the elective franchise, for the position t took. Were gentlemen afraid to express their opinions? they any good and substantial reasons to sustain the pr which they were inclined to advocate by their silent votes? had as yet given no reasons; they had carefully refrained expressing an opinion; but he for one would not be satisfied silent vote. The country would not be satisfied with it; the r ple would expect to hear arguments and reasons from those voted against extending to foreigners the privilege of exet the elective franchise, to show that conferring ek them State. My views on this subject, said Mr. Canteeeee are pract and we want the resources of this State developed, we want will hearts and strong hands to come here for the purpose of deve VECRE PE VSS Siw, tS a Pers a ay ey Ee oo 7 —" Se Se ey Fe a ¥ : WEDNESDAY, JULY 28, 1847 3 573 _ ing those resources. And when gentlemen give silent votes _ against their admission, I must suppose that there are political "reasons why they are unwilling to reveal to the convention and ‘ to the country, the motives by which they are actuated. Why do they not come forward and state them boldly? Some gentle- ‘men say we have the means of accomplishing all that we desire, j and it is not our policy to hold out inducements to foreigners to _ come amongst us. Sir, I for one am in favor of allowing the ' people of Europe to whom we are indebted, to come here, and by their labor, provide the means of paying the debts that we owe ' them. Gentlemen say that it will create a competition which _ will operate against our citizens. Sir, there is no competition about it; it is not a subject about which our citizens fear com- _ petition. It is hard labor that we require; and without which we have not the means of relieving ourselves from the indebted- ness which rests upon us. ‘$ It is unpleasant for me, Mr. Chairman, to refer to my colleague _ from Jo Daviess; but I will state one fact, which I apprehend the _ gentleman will not be willing to deny; if he does it will be a denial _ of the truth. Before the election in the county of Jo Daviess, the gentleman and myself rode out to a place called Vinegar Hill, where about sixty foreigners were at work. In conversation with them about this question of naturalization, the gentleman stated, he was in favor of foreigners residing here one year, filing a declar- ation of their intention to become citizens, and then exercising the privilege of the elective franchise. The good faith with which that gentleman has carried out this pledge, has been revealed to _ the convention this morning. This is the truth, sir; it is undeni- _ able. Sir, when I make a pledge, I carry it out in good faith. _ My opinions before the election, are the same as after it; and ~ gentlemen who take a contrary course may reconcile it to their ' own consciences, but they cannot reconcile it with the great prin- ciples of truth and justice. -Much has been said, sir, with regard to foreigners coming to this country, and the great danger in which the institutions of the _ country would be placed. Sir, I called upon gentlemen on Friday, when I first rose to address the committee upon this subject, to point out to me the great evils that have arisen, as they allege, Se WY GON A at . < CAE ET Moan PoE EE en a | 7 + r \ 7 " 4 Y? y 574 ILLINOIS HISTORICAL COLLECT! nation, would it not well become us to pay some ees fe the declaration of him, whose portrait hangs above your | sir, that this country is the asylum of the oppressed of every although my friend from Montgomery, who read fron fragment of a native American paper, a different a at’ of the views of that great man? Mr. DAVIS of Montgomery, —I call on the cane whether I did not read it correctly? Mr. CAMPBELL.—It was, I admit, a fragment of an o spi of Washington, carefully culled out to suit native American vie And what great man is there who has ever lived in this cour whose opinions may not be quoted to his disadvantage? the devil himself can quote scripture to suit his purpo gentleman can also quote isolated portions of the writings Washington, Jefferson and Madison, to suit his purpose. Lool at the proceedings of these native Americans! Native America Native Americans! I abhor, I detest, I hate them. — Look at the magnificent domes and spires pointing to He: which they reduced to ashes in Philadelphia; yet my colle justifies their acts! Religion and human rights were both dis regarded and trampled under foot by those ruthless men; sunk before their violence; and yet gentlemen will stand. up assert, that the cause of all this was the presence of foreig this country! Such an argument, and coming from such a sot Who was it that achieved the liberties of this country? for a moment, at the proceedings of the Continental Congr they addressed a memorial to the people of Ireland, askin; their assistance; and I ask you, sir, if there ever was an instar in which the flag of liberty was unfurled anywhere, in any pa the world, and Irishmen were not seen to rally around it, ar bathe the ground over which it waved with their blood, vie it was assailed? Look, sir, at our standing army at this two-thirds of that army is composed of foreigners—men Ba WEDNESDAY, JULY 28, 1847 575 ays ready to brave danger and peril; to stand in the front rank in the day of conflict; the foremost whenever a difficult charge is to be made, marching over the dead bodies of their comrades to ‘victory or to death. It is foreigners who are called upon to do it, e the fire of the enemy the places of the fallen are filled by ‘their surviving comrades; these are the men on whom to rely. Ido not say this in disparagement of our peg ie I know hear foreigners depreciated in this hall, from reminding gentlemen a of their devotedness and self-sacrificing spirit. The foreigner - comes here as a matter of choice; it is the act of his own free will _ and enlightened judgment; he comes here to enjoy the freedom | that we enjoy; to escape from the oppressions which he has been “made to suffer; and how have we acted towards him? We have borne him down with heavy and strong irons. Was it, Sir, for himself that LaFayette come here and shed his blood? Did he ” expect to enjoy the liberty for which he was fighting? No, sir; Bs) it was for those who should come after him. Look at Montgom- . ery, whose rich, red, republican blood melted the Canadian snow. __ Was he fighting for himself when he yielded up the divine essence i 5 with which the Creator had endowed him? No, sir, he was fight- E Bi ing for the cause of liberty. Did he suppose that any American 3 z who should come after him would ever raise his voice to deny to F, others the rights and privileges for which he fought, and bled, _ and died? Oh! sir, it is a horrible thought! The great, glorious, __ and immortal Washington declared that this country was the __asylum of the oppressed. We had the prayers of the Irish people im the Revolutionary war; their supplications were addressed to high Heaven for our success; they sent their sons to our aid; they _ sent them to assist in maintaining the cause of liberty; and yet _ there are gentlemen now in this Hall who maintain that those __ men—the descendants of the very men, it may be, or at all events _ descendants of the same stock as those who rocked the cradle of Ditisty, should not be admitted to a participation in those privi- : leges which we enjoy! 4 ew 7 7 — “‘Can these things be? ‘ And overcome us like a summer dowd: Without our special wonder?’ Sir, I feel an abiding interest in this matter. I fee we were departing from the principles established i th founded the government. Why should not foreigners and participate in the benefits of the free and independent ment which we are enjoying? Look at our broad dc cea till at last its golden beams will rest upon | ' the broad Pacific? Shall we resist the tide sir ee oh us in achieving. Would this be right? isa it an ne Athy ple? Is it the doctrine which we ought to avow in the fac world? Is it the result of such a doctrine which i is c army victoriously to the city of Mexico? I deny it. its broadest sense is emphatically the doctrine of the people. Despotism is to be broken down and destroyed thi out the world. Look at our Missionaries now in Rom Rome! once the seat of learning, science and the a1 America was a wilderness—a terra incognita. We are ing missionaries to impart to them the lights of kno yet we say to the people of Europe, you shall not co ne participate with us in the blessings we enjoy. I know I speak the voice of every liberal hearene Those ¢ who see fit to differ with me in opinion, I care not where th from, whether they have lived under the charter of Cha Second or not, they cannot advance their illiberal prin the State of Illinois. Prapes: | -One word more, Sir, and I have done. We haves aliens after a short residence here, the privilege of exerc Sh WEDNESDAY, JULY 28, 1847 577 _ elective franchise. It is impossible, that in the formation of a oa new constitution, they should be deprived, in any degree, of the % privileges which they are enjoying. I apprehend that it is _ admitted on all hands that it is not in the power of this Conven- 4 ‘tion to take away from them the rights which are guaranteed to _ them by the constitution under which we live at present; and are ' we to make a difference between those now here, and those who _ come afterwards? Suppose that Congress should listen to Native _ Americanism (which God forbid); and require foreigners to remain twenty-one years before being entitled to the privilege of exercis- ing the elective franchise. Then if a foreigner comes here, he must remain twenty-one years, before he will have a right to vote under our constitution. Would this be just? Would it be right? _ Shall we make this invidious distinction? Itseems to me it cannot be our policy. It seems to me it would be manifestly wrong. Mr. DAVIS of Montgomery rose and addressed the chair. I understand the gentleman to say, said Mr. Davis, that two- thirds of our standing army are foreigners, and that when in the heat of battle men are called upon to make a desperate charge, these are the men. Sir, to this I enter my unqualified dissent. Sir, the idea that an army, two-thirds of which is composed of foreigners, will stand up and bear the brunt of battle, in a difficult and desperate charge, more patriotically than an army compared [sic] entirely of our own citizens, is a doctrine that I never will subscribe to, while a drop of American blood runs in my veins. Mr. CAMPBELL. Their superior discipline enables them to do it. Mr. DAVIS. I care nothing about their discipline, and I wish to say nothing disparagingly of foreigners, but, sir, I refer you to the heroic acts of our volunteers in Mexico. I refer you to the field of Buena Vista. Who was it that bared their bosoms to the shafts of the enemy? Who was it that drenched the soil with their gore? Was it a standing army composed of foreigners? No, sir, no; it was the sons of Kentucky; it was the sons of Illinois, who drenched the soil to profusion with their blood. Sir, who was it that gave up their lives in the battle of Cerro Gordo? Who was it that marched fearlessly up to the cannon’s mouth? Was it this well drilled and well disciplined standing army composed 578 ILLINOIS HISTORICAL Ct citizen soldier;—the soldier who had drunk the spirit 0 liberty from his mother’s breast;—who had been dandled said yesterday) upon the lap of an American mother. It y citizens of Illinois and Kentucky that rushed to the m unequal conflict, determined to conquer or die. It wa boldened by patriotic feelings, by a love of country, implanted in every American bosom. It was no standi composed of foreigners. Sir, it is an honor now to be a She stands side by side with Mississippi and Tennessee; stands there at great cost. She stands there at the cost lives of her most valued citizens;—at the cost of the li the sons of Illinois, who have poured out their life-blood w battlefields of Buena Vista and Cerro Gordo. They have an imperishable monument to the fame of Illinois;—one- every American will be proud of, as long as the “‘star banner’ floats upon the breeze. Sir, they have done m they have established beyond the possibility of a doubt, that a standing army, SO far from having any advantage army of volunteers, is infinitely beneath them i in efficiency} ing officers against them. It was supposed that no could be placed in them undisciplined as hey ee patriotism,—because he is ready on all occasions to sel defence of liberty,—because he is always ready to country with his blood.] Mr. PRATT said, he hoped the Convention wou 1 sider him as saying more than was due to himself after w fallen from his colleague in relation to his allusion to delphia riots, and his pledges to his constituents not understand the object of that gentleman in attack. It would, however, if not replied to, have WEDNESDAY, JULY 28, 1847 579 of lessening my influence here, if I have any, and place me before _ my constituents as a man derelict and wavering in my pledges to them. He charged me with having, a short time before the election, gone with him to a certain place in Jo Daviess county, where there were some sixty or seventy foreigners, and that I there iia “pledged myself to go for a proposition the same as the one I have this day spoken against. That by this means I had deceived my constituents, and had stolen votes, which otherwise would have been thrown against me. This is a serious charge, and ‘it is but proper that I should state what did take place on that occasion. If the charge be true, honorable men should know it; and as the charge, if true, will degrade me, it is but proper that all should understand it if it be untrue. The facts are these: A few days before the election, my colleague and myself got into a buggy and rode out into the country; on our way, and at a place called Vinegar Hill, we accidentally came across a body of Irishmen, sixty or seventy in number, making what is called a bee-fence. They were all known to me, and more acquainted with me than Mr. CampsELt, because he had been absent from there for nearly four years. They were most of them personal friends of mine, who had heard me speak often, and I suppose six-sevenths of them were my clients. While sitting in the buggy andconversing with them, we very naturally questioned them about this subject of foreigners. Mr. Camppett made a remark, the substance of . which was “I am opposed to any alteration in the present constitu- tion. I am for allowing all who come here the right to vote after six months residence.”’ I said to them, and put the question only as a feeler, in order to obtain an expression of their views, and never considered it as pledging myself in any manner upon the subject, “what would you think of a proposition to enlarge the term to one year, and require a declaration of intention to become citizens?” That I made any pledge to vote for such a proposition, or expressed myself in favor of it, never occurred to my mind. Those foreigners, however, replied “we are not in favor of any such proposition, we want no provision other than that of becoming citizens; you have degraded us by your mistaken confidence and friendship, as we, in consequence of being allowed to vote, have not become citizens.’ This is what took place. I aaa ee es an excitement which impairs their recollection upon ae 7 actually take place on such occasions. Nothing has ever said by that gentleman since upon this subject. We have eve been on the most intimate terms. He is a man whom always treated as a friend; in sickness and in health i tended him, when attacked, as I would have done myself, an attribute his attack upon me to-day as prompted only [by] c and feelings of envy, caused by what he may feel has been effect and impression created by the remarks made by me to-c Mr. CAMPBELL said, it was unpleasant to be compe. refer to the personal remarks of his colleague. I can on that the statement which he has made of what took place at interview with the foreigners, of which he insinuates my mel is not clear, is most unqualifiedly false, and I hold myself resp ble for the remark, and if he is a man of courage he will noti Why, sir, he admits that he put the question to them, but he he did it as a feeler. He gave them to understand that he was favor of such a proposition. He says they were his friends, that six-sevenths of them were his clients. Szx-sevenths of sixt in Jo Daviess county, the gentleman’s clients! He say. they all answered that they were opposed to any such thi Why; sir, we were not in conversation with one-twentieth people there at any one time, and how could they have all a his proposition, when he, sitting in the buggy, put the ‘ to a few? Sir, if he had made there, or in Jo Daviess, st speech as he made here to-day, he would never have held z a on this floor—and as it was, he got here by only nine v hope the Convention will not be troubled with this matte but that it will be left to ourselves to settle, personally, and the Convention. | The committee then rose and reported progress. Ai on motion, and to give the Districting committee time the Convention adjourned till to-morrow. XLI. THURSDAY, JULY 29, 1847 Prayer by Rev. Mr. Crist. _ Leave of absence for ten days was granted Messrs. Trower, L AUGHLIN and Powers. A call of the Convention was ordered and taken. _ According to order, the Convention resolved into a committee i of the whole—Mr. Harvey in the chair, and resumed the con- ation of the report of the committee on Elections and the Right of Suffrage. ‘ Mr. HENDERSON said, that he lived in Joliet, and never _ heard of the frauds upon the elections, or the running of wagon pp, Ic loads of foreigners from there to Chicago, on election days. He a was in favor of the amendment. He thought it our policy to hold out to the foreign i immigrants, the greatest inducements, to settle in our state, in order that by an increase of our population, the sregate amount of tax may be greater, and we have more means pay our debt with. The capital of all states was their popula- | tion; their wealth—the industry of their inhabitants. These ; foreigners coming into our state, added both to the wealth and capital of our state. a _ Mr. KNOWLTON said, that he was a member of the committee who had reported this section, and he would express his views 4“ upon the subject. He had no fears in expressing his opinion to be in fayor of the report, although there were some three or four _ hundred foreign voters in his county, and a large democratic _ majority. He had taken the ground there, that citizenship should bs a be required, and the mass of the intelligent foreigners asked for _ such a Provision. He had seen the ignorance of foreigners in a relation to our institutions, and from experience, he would not - entrust them with the elective franchise, until they had first § become citizens. He had seen them led like cattle to the polls = demagogues. He extended his remarks upon this ti “point for some time, and argued that five years was but a short period i in which to acquire a knowledge of our government, suffi- 581 } \ | He Dhikeed out the immense hordes of imines Hoda shores, and the probable numbers that were yet to foll possibility of their out-numbering the natives at the ] po : _asked would this Convention set the example of permittin fresh from their native land, to decide and control our « He commented at length upon the downfall of the Roma the Athenian and Adriatic governments, by the admi foreigners, and thought the warning thus set, should be w sidered, before we adopted the principle contained in the ment. He alluded to the love of country, ane nevis lands more than any other. He also opposed the amendm constitutional grounds. It interfered with the powers Congress, to establish uniform naturalization laws. [Mr. KNOWLTON said: Mr. CuatrMan, Already has the debate upon thia’ question been protracted to such an extent that I am ec convention; and I would not now do so, were it not that member of the committee from which the report emanated under consideration, I feel it incumbent upon me to express views in relation to this report. My duty to my con demands that I should explain to this convention, my o relation to this subject. Sir, I am not one of those wh silent through fear upon any question where it is neces views should be heard. I intend always to be prepared to the requirements of duty, and whenever the path of clearly and in straight lines before me, I hesitate not for an to enter upon it. A sense of duty should be with us everywh most especially with us, who are acting, as we are perha acting, for unborn millions. In such a situation I know ne and there is no opinion that I hold, no feeling of my bo m I wish to screen from the eye of a prying world. It was int by the gentleman from Jo Daviess yesterday, that the 48 This speech by Knowlton is taken fromthe Sangamo Journal, Aug THURSDAY, JULY 29, 1847 583 bers of this convention, who would not come forward and their opinions upon this subject, for fear of offending the eign population that reside within the limits of this State. Sir, 6 am not one of those that entertain any such fear. Although in ey e, county which I have the honor in part to represent, there are 4 some two or three hundred men not born upon our soil, that vote at our polls. Nor, were a majority of those men opposed to my election? Among them I acknowledge some of my warmest and best friends, and I am proud to believe that it is their desire, that _ the elective franchise of their adopted country, should be faith- fully and carefully guarded. _ And, sir, I will suggest another reason, and a stronger one too, pea it becomes my imperious duty to advocate the proposition _ that foreigners should become naturalized before they are entitled > _ to the privileges of the elective franchise. Sir, in a circular that 4 -Lissued to my constituents, previous to the election, I freely and ~ fully stated my opinions upon this subject. I took the same A ground then that I take now, and yet, I believe, I had a majority of all the alien voters in my county in my favor. I often con- _ versed with them upon this subject, and I am happy to say, that ' r) they mostly agreed with me in opinion, and were desirous that an _ organic law should be passed and incorporated into the consti- 4 tution, requiring those aliens that shall settle in our State, after _ the adoption of the new constitution, to become naturalized : before they are entitled to the privileges of the elective franchise. __ I know not what may be the wishes and the feelings of the alien f population in other counties; but in mine, I believe it to be a ‘S settled conviction in the minds of the foreigners, those of them who understand the nature and character of our institutions, that _ such a law should be passed. They ask that it may be passed. _ They ask it for their own protection and for the protection, of what to them, is now their common country. If they are good citizens, could it be otherwise than that they should desire it? Is the _ right of franchise to be cheaply purchased? Is it not one of the _ dearest privileges that we possess? Can we hold it too sacred? _ Can we guard it too strongly? I think not, Sir. It was a privi- lege secured with blood, and it should be more esteemed than the _ diamonds of Golconda. It has been said and reiterated in this 584 ILLINOIS HISTORICAL COLLECT. convention, that there can be no reason brought forwa alien should not be entitled to vote as soon, and upon thé terms as a citizen from a sister State. Sir, all men do not my fortune to have some acquaintance with aliens—as m haps as any member who has addressed the committe balloting with the same discrimination and practical know! after a short residence among us, as those who have been | DO and reared, and educated in our country. My experie me that this is the case with the majority of our foreign E how much superior they were in the knowledge of the lav constitution of our country, to those who have been born o soil, it would not have been necessary for me to have stated my experience has been. I believe that the conclusion which I have guido at, and which I have here stated, ee Swede, the Sais aye even the Prussian, (and it is ie Prussia exists the best system of common schools in the cannot properly be prepared to give his vote in the sho of one year from the time he shall make his home upon our | soil. Why, sir, when they first come among us they cannot v a word in, nor read a line of our language. aa Then whence their knowledge of our institutions? It ha said that they study their nature and their character by firesides, in the old world from whence they have emigrat How many of them to whom the art of printing is but as « letter? How many can obtain from prejudiced books, w takes years of practical experience to acquire? Until ae " ae a eye > a TI hea Y Cee ee THURSDAY, JULY 29, 1847 585 _ be those men whigs or democrats. On this question, I trust I am above all party spirit, any party feeling. They may go, thus circumstanced, unwittingly to the polls, without reflection, with- out knowledge. Is it so with those who have been born in this country, those who have been nursed upon our soil—those over whom the eagle of liberty, that proud bird, whom we have chosen as our national emblem, has ever stretched her protecting wings— those whose first breath was drawn, whose first accents were lisped in an atmosphere of freedom? Sir, we have heard from the pulpit, from the forum, from the stump, from the corner of the streets, everywhere, wherever men do congregate, the principles of our government discussed, until those principles have become ‘‘as familiar to us as household words.’’ Is there no advantage in this? Is there no advantage in beginning early in life to make a subject so important our study? Is there no advantage in hearing it talked over and canvassed? Is there no advantage in listening _to the opinions of those who have made it the study of their lives? Why is it, sir, that as soon as the child begins to articulate, to lisp in broken accents the idiom of his mother tongue, the fond parent commences to teach him his alphabet? Is it not that the young mind may early be put in training for several studies; that it may gently and quietly unfold itself, and thus proceeding onward from step to step, at last, after the long lapse of years, be able to master the most abstruse and difficult of the sciences? Can a child do all this in a year? Can the full grown man, with all his feelings chastened and all his intellectual faculties devel- oped? This is not experience. And shall we promulgate to the world that a man who knows not a word of our language, who never uttered, in our pure Anglo Saxon, the term republican, can come here and forthwith understand our institutions better than we do? Mr. Chairman, there are such ¢hings as demagogues in this country, creatures with a name, but without form or sub- stance. O! that I could portray them in all their horrid deform- ity;—that I could paint them upon the retina of every man’s mind in this convention, in their true colors, in all their utter loathsomeness. What reck they of country, of State, of State pride, of national prosperity, if they can but carry out their own vile schemes of personal aggrandizement? Sir, the practised 586 ILLINOIS HISTORICAL COLLECTIONS demagogue has no heart. If he could but gain a vote would utter a stump speech upon his mother’s grave, ere earth that had been piled upon her bosom has been warmed | the rays of the first rising sun. He would mount his fath coffin, and hold forth to the wondering multitude, ere all pertained to him of mortality had in its dark, narrow, si. ous cabin been laid. Sir, it is time that the spirit of demag should be looked upon with that contempt, that utter con that its low and bastard lineage would seem to require. a strong passion. It is confined to no age, no nation, no Scotland, old, ancient Scotland, the land of Wallace and of has, in these our days of modern degeneracy, become taintec tinctured with it. It may be a counterfeit presentment. chance the blood of the children of Green Erin may have kb mingled with and thrilled through the veins of some of Sc 0 pretended sons. ay But, sir, let me not be misunderstood. I am not opp foreigners emigrating to this State. I wish not to prevent from settling here. I have always loved and respected the and the good of other climes. No matter where they were where they lived, or what sun had burned upon their co Who of us does not feel a pride in, aye, a love for, our country’s mighty dead, as well as her mighty living? If ther any-such in our land, they are not truly American in spirit. are not such Americans as we would wish all those to be, who cl a birthright upon our own free soil. Can we forget, and \ we, if we could, forget, how, prior to the Revolution, tl Chatham, and Fox, and Burke, and Barre, in England’s parliament, lifted up their voices, and poured forth their eloquence in favor of the then American colonies? How sisted to the last, with argument, with persuasion, aye, eve: denunciation, that taxation of the colonies that was prop their tyrant king?—how Pitt forewarned him that he was ¢ to lose the brightest jewel of his crown? Have we not | read and ponder over the glowing pages of Chaucer, and and Milton, and Dryden, and him ‘Who played with the thunder as with a familiar f And wove his garland of the lightning’s twist?”’ THURSDAY, JULY 29, 1847 587 Shakespeare, too, the child of fancy and of song,—he who ed amid the abstruse mysteries of the human mind, and etched - the lineaments of the human passions with a pencil of living Tight,—he who wrote in our own language, in whose veins coursed and thrilled our Anglo Saxon blood,—he who played upon “a " arp of a thousand strings, and tuned them all to sweet accord.’ x ce. These, all these, are a part and a portion of our own fame. They lived in another age, in-another clime. But we claim a common origin with them; we love them, and regard them in a easure, as a part and a portion of ourselves. Is it notso? And Bike hen the gifted and the philanthropic of England’s sons are _ spoken of, do we not feel almost as if they were our own country- Ri men; and is this not one of the noblest, and proudest traits of American character, that we can look across the broad ocean, and __ believe, and feel, that the fame of the distinguished scholars, " and statesmen, of the mother country but adds luster to our own republic? Nor is it to the mother country alone, we offer up a grateful remembrance. Sternly we strove with her for the high privilege of ruling ourselves, and of becoming, the greatest and purest, of the nations of the earth. To have become so, we owe’ 4 -much to those whose birth was not on our land. Our memories _ dwell with a fond delight, upon the noble Pulaski; the generous the valourous DeKalb, whose life blood eres the battle- oe field of Camden; and above all of Poland’s gallant sons; upon ' the great and good Kosciusko. Him, of whom the poet has elo- quently written: ““Hope for a season bade the world farewell: And.freedom shrieked as Kosciusko fell.’’ _ _ Nor is the youthful and generous Montgomery forgotten. He _ who despised toil, and laughed hunger and hardships to scorn; as he led his valorous continentals, through an unbroken wilder- '« hess, to the very mouths of the cannon, that burst on the walls _ of Quebec; and there sealed with his blood, his untiring devotion _ to freedom. Have we not gloried in the bards, heroes, and statesmen of Ireland? Have we not mourned the early fate, of her gifted pat- riot Emmet? Does not her Fitzgerald, and her Theabold Wolfe - Tone live, in unchanging freshness in our memories? Have we * y - elective franchise. 588 not named her, the greenest isle of the ocean? H our sympathies been aroused at the story of her suffe oppressions? How often have our heart-strings thrill have heard trilled forth, from manly lips, as well as th beauty, the sweet, yet mournful song of ‘“Erin go bragh.’” has Germany been unremembered? Kant, Kotzebue, G Schiller; they too live, in the hearts of the American peop portion of their wide-world fame, is ours, we have wept o1 untimely fate, while we have read the soul stirring m him, of the “‘sword and the lyre.’’ Their countrymen us. Connected as we are with them, our memories, 0 with them to the ‘‘Fatherland;’’ our reading, or our ass the feelings that link us to the German emigrant, make u with, and lead u& to admire, the great names, that adorn the a lingering fondness, often revisits the shrine of their greatness; at the same time could the departed worthies, have mentioned, be permitted to come among us now, lift up their voices, upon the floor of this convention; they entreat us, by that holy regard which we should have | country; by that love of freedom that knows no pi those inestimable rights, of which the present generation inheritors, and which our fathers most dearly purchased; more securely than we have hitherto done, the pe Could such aliens as the illustrious names that I ee re to be permitted to go to the polls, there would be no dai they would misuse or misapply the privileges granted to But there are thousands of their countrymen swarmi shores who have not their knowledge, their pride of ch their consistency, their judgment, and who possibly mi them to exercise this sacred right. Sir, we are asked to reme the services of LaFayette. What patriot can forget them? VY THURSDAY, JULY 29, 1847 589 above your head, and next, the patriotic, the gallant, the chiv- alrous Marquis de Lafayette. And wherever it may be my fortune to roam, whether it should be in the sunny clime of his own loved France, or upon the inhospitable soil of frozen Russia; whether to where the Oregon pours its world of waters “‘in one continuous sound,” or where the simoon sweeps over the arid desert, his memory and the fame of his deeds will still be with me there. And let me tell you, sir, that when, in the days of my boyhood, I read the history of our Revolution, I hardly knew which I loved the best, and which I honored most, the soldier of my natal land, or the foreign soldier that battled by his side. The ardent feel- ings of my youth twined around the gallant Frenchman with a gratitude but little inferior to that which I felt for my own country- men. Nor have the rougher scenes of maturer life obliterated my young affections and remembrances. The fire of gratitude still _ burns in my bosom, if not with so fierce a glow, yet with a steadier flame. And shall it be told to us who have experienced these feelings, that we are opposed to foreigners; that we have no phi- Janthropy, no kindly feelings for such of them as come to our shores with the intention of becoming a part and a portion of our government? If they tell us so, they cannot read our hearts;— they cannot read what has been inscribed upon the tablets there, with a pen so enduring that the black ink of demagoguism cannot obliterate a single line. I repeat it again, sir, I am not opposed to foreigners coming among us. But I do oppose their voting, till they are qualified to give their votes in a judicious, under- standing manner, according to their own knowledge and opinions, and not by the dictation of partisans and demagogues. Sir, the associations of our youth are a part of our being. They are inter- woven with the best and finest feelings of our nature. We would not part with them if we could; we could not if we would. We alllove ourcommon country. We love, particularly love the place where our first infant breath was drawn. It is in vain, sir, for anyone to tell me that in one year he can forget all the associa- tions and remembrances of his youth. Sir, can you forget (and you have been in this State some ten years) the brook by which in boyhood days you played—the old gray rock by which that streamlet flowed—the venerable oak, beneath whose rich, luxuri- 590. -~—-—« ILLINOIS HISTORICAL COLLE these? Do they not live in your memory, as in i go back to your own green hills? Time may have di love for all these, but still that love lies broad and dee} bosoms, ready to gush up whenever the chords of - touched. So with the foreigner, when he first arrives shores. Are not his thoughts away, in the home he | his own loved cabin, in the land of his nativity? — otherwise. And if, when an alien comes here he begi matize his country, and to speak of it in derogatory to have nothing to do with such a man. He is eithe who has fled from justice, he is either a felon, or his h been attuned to the strongest and most imperishabl our nature. There was one of Scotland’s poets, sir, that this sentiment more forcibly, more touchingly, than I< ““Breathes there a man with soul so dead, Who never to himself hath said, This is my own, my native land; Whose heart within him ne’er hath burn As home his footsteps he hath turned; From wandering on a foreign strand: If such there breathe, go mark him well, — For him no minstrel raptures swell.’?” “The wretch concentered all in self, Living shall forfeit fair renown, And doubly dying, shall godown To the vile earth from whence he sprung, ; Unwept, unhonored, and unsung.’ ME This is the language of one of Scotia’s noblest sentiment more just and true ‘‘was never married to verse.’ It is true in the abstract; it is true in fact. Th ings are linked with our very being, and the alien ca worthy to become an American citizen, in a mome THURSDAY, JULY 29, 1847 _ He who will, without a struggle, forget his native country, _ forget all his early a:sociations, fling them aside as he would a "worn-out garment, will never be of any advantage to his adopted - ‘country. In all ages, the traitor has been despised; yet if, while living he shall curse his natal land, he but causes himself to be - scoffed at and scorned by the worthy and the good. And when he "ure, “‘none so vile to do him reverence.’” Who would shed a tear over such a man’s grave? Sir, the man who does not love his - country, no matter what country may have given him birth, is _ not the man that should enlist either our feelings of philanthropy _ or generosity. Such a man is a stranger to those emotions and _ passions which we desire should be possessed by all whom we admit into our great common family. He would prove a traitor, _at any time, for a small reward, to his adopted country. Such a ' man would be regardless of the fame or happiness of the wife of _ his bosom, of the children of his affection;—affection! he would not know the meaning of the word. Show me the man who can _ fling from him the associations of his early life, the endearing recollections of his childhood’s home, and I will show you in return _ a man adequate to any villainous deed—a man on all occasions - _ fipe “‘for treason, strategems, and spoils.’’ Sir, it has been argued 08 upon this floor, that every man that pays taxes should have a -\ voice in making the laws by which he is governed; that when we _ tax the foreigner, and do not permit him to vote, as a necessary _ consequence, he becomes exceedingly dissatisfied. What do _ gentlemen require? Do they not ask for the alien what he would _ not ask for himself, especially if his own free will was not biased by petty demagogues and corrupt partisans. In our progress up to the present period of the existence of our government, we have so conducted it as to challenge the admiration, perhaps the envy of the world. We have acquired great fame abroad. Have foreigners helped to exalt that fame? Do they give us a prouder and brighter name? I must say that I was somewhat surprised to hear the gentleman from Massac assert, that the alien popula- tion who come among us, almost without exception, were men of character, wealth, knowledge, and respectability. Is the gentle- man well informed upon the subject of which he has spoken? I ae GN an Ih aS a cae | 592 «ILLINOIS HISTORICAL COLLEC1 am inclined to think he is not, when he permits hi such statements as I have referred to. JI am sorry that man is not better informed; that he does not better un spoken. These aliens emigrate to our shores; we recei with open arms; we extend over them the aegis of our protect them against the tyranny of the dynasties of Eur make them equal upon their arrival, almost, with our citiz and yet it is asked of us, what do you do for them? — taxes, perform road labor, and you do nothing for them Sir, is it not something to feed the starving millions th hastened, and are now hastening to our shores? Do we no: them to become owners of our soil? Do we not put th way of procuring a comfortable subsistence, for themselves their families? Do we not exempt them from militia traini and from sitting on juries until they become naturalized? is it not right that they should render something in re all this? Is it not right that they should help to make th on which they travel? Why, the arguments of the gentle who have addressed the committee, in opposition to this seems to be, that those aliens who come to us to better th dition, should be placed a head and shoulders above tho: cause to comaphaie: Should they not be requitddle to pay 2 tax, as a partial equivalent for these advantages? It is tax they would have to pay, so far from being a burthen or is absolutely nothing, in comparison to the advantages they derive from the privilege of settling among se and of governed and protected by our laws. It has been said, that we want our State filled up, an therefore we should hold out every inducement in our po increase immigration. Will the right class of aliens, such should be happy and proud to call citizens, after an appre ship of five years, be at all affected by the alteration we p THURSDAY, JULY 29, 1847 593 _ make? It they have determined to settle upon our rich soil, and to cultivate it, will the altering our constitution alter their deter- mination? Not at all. But I honestly believe the well informed foreigner would like us all the better for it. An alien cannot sit upon a jury until he is naturalized. And yet there are members of this convention so inconsistent as to desire them to be per- mitted to help elect the judges of our courts. Sir, the alien can vote for all offices, from a president down to a constable. He cannot sit upon a jury, to try a case of a few dollars between his neighbors, till he is naturalized. Yet he can help to elect the judge that, in one sense, has our fortunes, our liberty, our lives at his disposal! What a splendid inconsistency. But, sir, I will say a few words in relation to the increase of our foreign population. In 1812, there was but one alien in this country to every forty persons native born. How was it in 1846? There was one alien to every six persons born upon our soil. In 1846 there came to our ports, and by way of Canada, to this country, 500,000 emigrants. In the present year, the number will amount to at least 1,000,000! And if immigration continues to increase at this ratio, how long will it be before the alien popu- lation will exceed our own? Should we not be fearful of the consequences? Does not history furnish us with some useful exam- ples? Letuslook back to the once famous republic of Switzerland; let us reflect upon her fate when she threw open her gates for the admission of the people of other nations. From that moment may the story of her decline be dated. Soon the star of her greatness, which had so long culminated in northern Europe, begins to decline, until finally it disappeared beneath the horizon. Aye—the once proud mistress of the Adriatic—she whose ships went forth to every port—whose citizens were called the bankers of the world; whose merchants were princes; whose winged lion of St. Marks had flaunted to the breeze of every clime, fell, in consequence of the admission of a foreign population. Had Rome in the days of her imperial greatness been content with her own citizens, Attila would never have thundered at the gates of the “Eternal City.’’ We should ponder over these things, and if we are not too self- willed to derive instruction from the experience of past nations, I 504 ILLINOIS HISTORICAL COLLEt think we cannot fail to be convinced that we I thing to fear, should this immense amount of fore permitted to vote without first swearing allegiane government, ig It has been said by the gentleman from Massac that. the emigrants that come here, are well prepared to imm become good citizens; that they are well informed as to t of our government, and to the duties and privileges of its citi: that they are wealthy, and that they are a desirable class 0 lation. Sir, I will point him to a single State—to the Sta Massachusetts. And I refer to that State because 1 am more iar with the condition of her affairs than any other State exc our own. What does the gentleman suppose that that St yearly for the support of her foreign pauper popula pays about seventy thousand dollars—being not more tha ten thousand dollars less than the expense of her iS g ment. Is this a population of such a character as we would ¢ have come here? 1 believe not. I do not mean to be under as asserting that they are all of this description. om am 1 multitudes who are fleeing from the « oppression wick the ence in the nations of Europe—who are fleeing from starvati tyranny, and fastening themselves upon us. Well, sir, little State of Massachusetts, not more than one-tenth i large in territorial extent as the State we live i in, has to p sum of seventy thousand dollars for the support of foreign p what must the State of New York pay ?—and what must t the Atlantic States will not always retain these masses | paupers. The time will come, when tired of support they will pay the expense of their transportation to. our Vv prairies. They will fasten themselves upon as a afte THURSDAY, JULY 29, 1847 595 whole present population of the United States. By that time ere will, in all probability, be within this State a number of S foreign voters equal to the native voters; and these men in one year are to be permitted (all uninformed and unprepared as they are to give their votes knowingly and discreetly), to go to the ‘polls with citizens, and exercise the privilege of the elective fran- chise. Is this right? I ask you again, sir, are we not making this | privilege too cheap? Are we not making it so cheap, that soon it will not be worth possessing? If you make no distinction as to _ yoting, between him who was born upon a foreign soil, and him _ who was born upon American soil, will it any longer be considered _ a privilege to have been born an American? Sir, I was early taught to believe that he who was born an American had some _ privileges above the rest of mankind. I have been taught that ours was a free government, a government of equal rights; but it hi seems, sir, from what we have heard on the floor of this conven- ai tion, that the right of the citizen is to be disregarded, trampled ‘upon—that aliens are to be put over our heads, and that those of us who have been so unfortunate as to draw our first breath in _ this country, are to surrender up every right that we have fondly __ fancied we possessed, and quietly submit to the intrusions of a set of men imbued with foreign prejudices and foreign feelings. _ + Mr. Chairman: the gentleman from Massac asks the ques- tion, how it is possible that those who have taken a solemn oath _ to support the constitution of the United States, can vote in favor _ of the proposition that those aliens who shall be entitled to a vote at the time that the constitution, we are now framing, shall be __ adopted, shall be permitted to continue the exercise of the elective franchise, without being subjected to the same conditions that are imposed upon those foreigners who shall come to our State after the adoption of the new constitution? I will endeavor to _ answer that question. Sir, I had no part in framing the old con- __ stitution of this State; no man.who is a member of this convention is was a member of that body that framed our first constitution. _ The constitution went forth to the people; it was sanctioned by _ them; it thus became the organic law of the land; but rights were acquired under it; and I sincerely believe that those rights are in- _alienable and immutable, and I should be doing that which I 596 ‘ILLINOIS HISTORICAL COLLECTIONS never mean to do, and which in my heart I believe to be w if I should lend my aid to suppress rights now existing in framii a new organic law. For one, I shall never give my consent, my sanction, to an ex post factolaw. The ruined credit and blig ed prosperity of our State, speaks in thunder tones to those m bers of a past legislature who attempted such an innova It is no part of our duty to encroach upon rights acquired, o1 affect the privileges of foreigners who have come into this S with the expectation of enjoying such privileges as they shou acquire under the law of the land. It would be morally as as politically wrong to deprive them of rights obtained, and y whi they were entitled to enjoy under the organic law that exis when they came into the State. I have another objection to of to the amendment now under discussion,—permitting foreigners vote after a residence in this State of two years; but I appro this. part of the subject with fear and trembling; and how car be otherwise. The gentleman from Jefferson, a few days sin in the plentitude of his legal knowledge, said that there was | man in this convention could bring forward a single constitutic argument against any State permitting foreigners to vote w. ever they pleased. This is high ground; but the alien cham Dic has taken it, and how well he has maintained it, is not for m this time to say. If he can measure men’s minds, and comp hend their thoughts, even before they are uttered, ae he possessed of most wonderful gifts. } It is, if we believe at all in the constitution ig He Unit States, in my opinion, in direct collision with one of its articles | a State to permit an alien to vote until that alien should hz become naturalized. The framers of our time-honored % revered constitution, were men of learning, patriotism, integt They had no sinister views to accomplish. Their deliberat were the deliberations of sturdy and inflexible patriots. deliberations of men framing an organic law for a mighty na‘ True, that nation was then, comparatively, but upon the thre: hold of being. It was in one sense, but an infant in its swaddli clothes—and most dearly did that noble land love that i There were no mock caresses there. They acted, not only for generation that then lived, but for the coming peitetanants th THURSDAY, JULY 29, 1847 597 should float adown the tide of time. The spirit of demagogism was hushed in that body—or rather, it was not permitted to in- trude itself among them. A high, a holy, a generous desire to make us a great and a good people—to dispense equal rights and equal justice, as well to him who should dwell by the frozen streams “of the Kennebec and Penobscot, as to him who should dwell on the sunny banks of the St. Mary’s, was uppermost in their patriot 4 Among other articles incorporated in the constitution of the ¥ United States, we find one requiring an uniform system of natural- ization in all the States of the Union. Why was this? Had it no _ import? Has it no meaning? If it was the intention of the _ framers of the constitution of the United States, to permit the ' various States to regulate the time when aliens should be per- _ mitted to vote, why should the provisions I have referred to been incorporated into the constitution? Did they intend an alien should vote before he became a citizen? Did they intend that soon’ after they had freed themselves from a foreign bondage, that an alien should come to our shores, and before he became a citizen exercise one of the dearest privileges of an American freeman? If that was their intention, why did they couch that provision in such ambiguous language? For it does appear to me, that if they intended to leave it to the States to regulate the qualifications, as to time, of their alien voters, that their language is exceedingly dark and very ambiguous; very different from the clear and lucid language, and evident intention, that is found in every other part _of that sacred instrument. I can.have but one opinion respecting the intention and the meaning of that clause of the constitution; and that is, that no alien in any of the States should be permitted _to vote until he has become naturalized. If it were otherwise, would not a right so fraught with consequences, either for good _ or evil, as the elective franchise is, been further explained. Would there not a following clause have been inserted giving to the States the power to regulate the qualifications of their foreign voters? At the time of the formation of the constitution of the United States, the tide of emigration was setting with a strong and rapid _ current towards this our Western continent. The dynasties, the ‘corruptions of the old world, were falling into disrepute. Many 598 portion of our new experiment. Our Fathers did not desire that these soldiers of fortune should partake of, and i imm ately become connected with our government, —not at least they have been put upon trial; and then when their term of ap ticeship should have expired; phe they had demeaned themsely as good citizens; when they had sworn to renounce all allegi to foreign potentates, princes and powers; to support the or tution of the United States—they were to be received into Brotherhood of American freemen—enjoying all their rights partaking of all their privileges and immunities. Can : seriously suppose, when he looks back to the period of the for tion of our constitution, when he makes himself familiar witl history of those times, that it is not a violation both of the and the meaning of the constitution of the United States to p aliens to vote until they have become naturalized? Ours 1 only State in the Union, I believe, that permits it. If this is so, are we not committing a wrong upon other Sta We have the illustrious example of older States before us. Doe it not become us, then, as one of the younger branches fe great confederacy, to pay at least a decent respect to long ¢ est lished precedents? < Mr. Chairman, the time may come when the vote of the § of Illinois will determine the election of President and Vice dent of the United States, and the unnaturalized alien may mine the majority of this State. If such an event should | happen, would not our sister States have great and good to complain to us? Would they not say, and with j justi that the votes of the Union had been disregarded, and men no allegiance to our government had been permitted to elect of the highest dignitaries of our land? If such a circu should ever transpire, would it not redound to the disadvai of the alien? We all know that during a Presidential contest 1 are high hopes and wild excitement in every bosom. Men sions are aroused, their energies awakened. The spirit f quest is with them. If then the alien votes of Illinois shoul defeat any party in such a contest, I ask again, would it r worse for the alien? Would not those who by their means THURSDAY, JULY 20, 1847 599 been defeated in their wishes strive to put aliens upon a longer ‘a period of probation? And would not the chances be that the law - would be altered; that ten, fifteen, or twenty years would be sub- tuted in place of five? Sir, ours is an elective government; and being an elective gov- ‘ernment, in whom resides, and to whom is given the elective franchise? Is it not vested in the people? Did it not originate in them? If this be true, the elective franchise is a sovereign power, _ and should not be trusted with, aye, it cannot be conferred upon “A republican government like ours, ae from the govern- _ ments of the old world. There, in many of their governments the king frames their constitution and enacts their laws,—or at least they are the offspring of his recommendation. Ours is a _self-constituted government—a political corporation, whose con- _ stitution was the work of the people, and their posterity the - members of the corporation. After this corporation has gone - into existence, can an alien become a member of it at his will? ‘Must there not be two contracting parties? Have not the mem- bers of that corporation a voice in the matter? Can an alien join _ them, or force himself into their midst without some express agree- ment on their part to receive him? Is there any way by which an alien can engage his allegiance to this country, and be favorably received by it, except by naturalization? Then, should he be allowed to vote before he becomes a citizen? Never! sir; never! Reason, common sense, sound policy, the express will of the general government, all forbid it, imperatively forbid it. And I _ do say, sir, from the love I have for that class of our population— __ for I have many friends among them—that it is for their interest, _ for our interest, for the interest of us all, that they should be _ naturalized before they are permitted to enjoy the privileges of the elective franchise. As I am aware, Mr. Chairman, that the committee is some- _what exhausted, I shall not pursue this argument as far as I origi- nally intended. I shall, however briefly notice some of the remarks __ that fell from the lips of gentlemen upon this floor, and then leave __ the subject to be disposed of by the committee. There was a _ remark made by the gentleman from Cook, sir, that I cannot 600 ILLINOIS HISTORICAL COLLECTIC pass over in silence. The gentleman asserted that those of u were in favor of requiring the alien to become naturalized, be! he should be entitled to exercise the privilege of the electiy franchise, were acting more harshly towards the emigrant George III did towards the American colonies. Sir, there 1 part of my being that allows of no contradiction. I love 1 country; I love her laws; I love her institutions; and I am re at all times, and upon all occasions, to peril the last drop of n heart’s blood in defense of them. Sir, the heritage of freed was mine; upon her holy altars my infancy was consecrated; I shall cling to those altars so long as this heart continues to as long as the purple current shall circulate through my veins. My eyes were first opened upon this free soil; and I trust in € that when they shall be closed forever they shall be closed upo the same broad domain. Sir, the remark of the gentleman fr Cook was unkind. I am no tenant by sufferance. I need 1 teachings in the school of republicanism. If I ever should, I wi to exercise a freeman’s privilege, and select a master for myse And when I do make the selection, it shall be one whose ea devotions were offered up at the shrine of freedom; not one whose bosom more strongly glides the spirit of demagogis: than that of American patriotism. Sir, in passing, I will allu to another remark of the gentleman from Cook. It was thi ‘‘ought you not to hang your heads for very shame, to advoc such doctrines as you do?’ And this addressed to Ame! citizens, and one of them my venerable friend from Tazewell, has stood up here in his place, with his head sprinkled o’er with frosts of many winters, and frankly and freely declared his sen ments; sentiments emanating from a heart purely Ameri from a heart responding to no tones but the tones of patriot and he is asked to hang his head in shame! And by whom By a boy—a very stripling—who, according to his own acknow edgment, is but ¢hirteen!—but thirteen, as far as his knowle of the institutions of this country is concerned. He dictating an honorable—respectable—venerable—AmeERIcAN citizen! | Shall I, too, hang my head for very shame, for daring here the hall of this Convention, to utter my opinions regarding | countrymen of the gentleman from Cook, or even my own count THURSDAY, JULY 29, 1847 6c1 men? No, sir. I fear him not. I fear neither his hordes or his _ clans;—nor did I ever fear; and, I trust in God, I never shall, _ that fiery spirit of demagogism that breathes in every sentiment He he has uttered. American citizens to hang their heads for shame, _ for daring here, in an assembly of the people’s representatives, to _ advocate what they honestly believe to be just and right! O, how exceedingly modest it was in the young man!!! Sir, had I been placed in his situation, I would sooner have burned my right arm off to the very shoulder, than to have uttered such a senti- ment in the presence of a free people. Nor did my worthy friend from Tazewell escape scot-free from other gentlemen, in this debate. The little state of Rhode Island seems to have been the target set up to be shot at, by the petty marksmen of the opposi- tion. And my venerable friend from Tazewell appears to have been the bull’s-eye at which they have aimed their shafts of vitupera- tion. But they have all fallen harmless at his feet. Sir, allow me to allude, for a moment, to the attack made upon that little state, and her own “‘bald eagle,’’ in the halls of Congress. There was a time when the bird-hawks of that body made a simultaneous dash, at the old ‘‘bald eagle’? of Rhode Island. The marks of that eagle’s talons, and the impression made by the stroke of his wings, they will carry with them to their graves. Cambreleng, and Wickliffe, and Daniel, will remember, to the latest period of their lives, the withering satire with which their ungenerous attack was repulsed. Mr. Chairman, there are miniature Cam- brelengs, and Wickliffes and Daniels in this Convention. And when, on the other day, an attack was made upon Rhode Island, and upon my venerable friend from Tazewell, I could not help wishing that Tristram Burgess could have been here, to defend his little state. I know my worthy friend from Tazewell has all the spirit, and at least a portion of the power of his ancient friend, to do it;—but his hands are tied; he is bound by the ligaments of our holy religion. He will not —stoop, from his pride of place, To hawk at mousing owls. There is another remark of the gentleman from Cook, that deserves a passing notice. It is this: ‘“The natural tendency of the Americans is towards aristocracy, and they need an infusion 602 ILLINOIS HISTORICAL COLLEC of foreign blood in their veins to preserve its purity.” strange and a bold doctrine; and yet he has asserted it upo thority of the sage of Lindenwold! I will not undertak: that Mr. Van Buren has uttered such a sentiment; I can that I never heard of it before. And if Mr. Van Buren hz such language, he has certainly departed from that usual ness which he has always had the credit of possessing. We, the descendants of those men who passed thr storms of the Revolution;—who have, ourselves, expe! darkness and shadows, as well as somewhat of sunshi unable to maintain the purity of our institutions? We ob procure assistance from the broken systems of Europe, a imbibe a portion of the spirit of those who cringe, and fawn, the thrones of the Old Continent, to bolster up the tott fabric of our Government! What man, who has always be republican, can submit, quietly and tamely, to be told, tha order to perpetuate our institutions, it is necessary an infusic foreign blood should be thrown into our veins?—that oun corrupt nobility, or their-born and willing serfs, in oui . free government may be sustained? What, is there not untarnished, our own free constitution ?—to piotenee it fa 1 encroachments of American aristocracy? Sir, I do not say the expression the gentleman from Cook attributes to Buren is a forgery; I only say that I never heard of it before. it pass for its true value. There are many other remark gentleman from Cook that I should be glad to correct, but no time to do so now. I will pass to the gentleman from A day or two since, he gave us a long historical disserta’ was somewhat amused, and instructed also, with the | lore which he so profusely scattered among us. Certainly entitled to great credit for his historical researches, and h rate information. All must admit that he has made dis that no one else ever dreamed of. When I heard the ge declare that the feudal system originated among the Rom confess I was somewhat startled at the profundity of h edge, and his penetrating shrewdness., I would like, hows THURSDAY, JULY 29, 1847 603 it was that the feudal system was instituted; or, if it might not have been instituted by him who was called ‘‘the noblest Roman of them all?’’ There is another observation of the gentleman from Brown, that claims a momentary notice. He said, in com- menting upon the acute and astute remarks of the gentleman from Cook, that he (the gentleman from Cook) had enjoyed higher privileges than those that belong to a native American citizen, for the reason that he had been born in another clime, and upon another soil. If the gentleman from Brown considered this a higher privilege, he is welcome to enjoy it. A plain republican soil, and the sun that shines and the stars that glisten upon that soil, are good enough for me, sir. It was upon a republican soil that I was born. I ask no purer earth to cover my bosom, when the spirit shall have departed from my body. A higher birth! Is there a higher heritage that God’s sun ever shone upon, than that of an American freeman? Would we barter it for the privilege of being born under the dominion of principalities and thrones? No, sir; the American whose bosom is imbued with the spirit of patriotism—who loves his country as he should love it—asks no prouder heritage, requires no nobler privilege, than to live and die in the land of his birth. If the fancy and imagination of the gentleman from Brown still lingers around the crumbling dynasties of the old world, let him go there—God speed him! We can spare him. Sir, I have a word of reply to the argument of the other gentle- man from Cook;—I mean the gentleman from Cook. He asserted that two-thirds of our standing army was composed of foreigners. In time of peace, it may be so; and I think this fact, sir, a high compliment to American freemen. My countrymen are unwilling to enter the regular army in time of peace; they have higher and nobler avocations to perform;—those, more consonant with the spirit and genius of an enlightened patriotism. They are engaged in developing the resources of our common country; in agricultural, ___ mercantile, and manufacturing transactions. They are better employed than they would be in shouldering a musket and march- ing through our towns and cities, to the music of the fife and drum. In time of peace, to the enterprising citizen, the regular army has 604 ILLINOIS HISTORICAL COLLECTIO tf no charms, or inducements; an active, striving, eh part of his being. Not so with many of the aliens. They among us without any particular fixed principles; they have n chart to guide or to govern them. In the land of their pita a accustomed to its idleness, they soon seek, after ‘hae arivel privilege of again partaking of their favorite indulgence; and the trumpet of war should call them to the field, they fight, they fight mechanically, unsupported by those feelings that 1 fluence the citizens that battle for home and for freedom. Thx may fight, but they fight as the men of Hesse Cassel did, du our revolution, for pay, simply for their eight dollars per mo It is not so with our volunteer aliens, they stand in our ra shoulder to shoulder, with our citizens, and they seek the - not for war’s sake, but for the love they bear their adopted coun Sir, were they all foreigners that fought the battles of Palo and Resaca de la Palma? Those battles were won by our r army, and the most of those men who battled there were our countrymen. and our navy, is borne to every clime, by ships manned by foie g ers. Sir, has it come to this, are we so weak, so pitiful, so con- temptible, that we have to Boece aliens to bear the stars and stripes, aye, and sustain their honor too, in foreign ports? him turn his vision to the Pacific ocean, methinks, he would st if he should so do, some few scattering ships, riding upon stormy billows. Who mans those ships? Are their crews | ever ready to fight as long as a single plank of the ship that them remains above water? Sir, did aliens carry our flag abroa during the last \ war with England; or was it done by the ma men who, when the tocsin of war sounded in our ee y selected to sustain the honor, and the glory of our navy. were the men who manned the decks of the glorious old Constit tion, and with their colors nailed to the mast-head, roamed ovet every ocean. With the stars and the stripes floating over THURSDAY, JULY 29, 7847. 605 MS: they everywhere sought the British Cruisers; and in the smoke of battle, while the dead were around them, while the shrieks of the wounded were ringing in their ears, they thought but of their country, their noble ship, and the proud flag that was flying over them. It was to men like these, the destinies of that gallant ship was entrusted. Before they would have surrendered to their foe, they would have gone down, frigate, crew, flag and all; to those depths that know no sounding. Such are the men, sir, that have given character, and tone, and immortality to our navy. And, sir, it will be to men such as these, born upon our own soil; from the cradle familiar with the ocean, to whom her honor, and fame, will be entrusted, if again Britannia should strive to rule the ocean. The gentleman from Jo Daviess told us yesterday, that when a charge was to be made upon an enemy, foreigners were the men selected by our officers to make it? Ah! it pains me much to hear an enlightened gentleman, in a deliberative assembly of a country claiming to be the birth-place of freedom, promulgating to the world, that our success in arms, depends, not upon our own brav- ery, but upon the skill and courage of men of other lands. Perhaps the sentiment announced by the gentleman from Jo Daviess, may go abroad. It may be copied into the London and Paris Journals, that the late Secretary of the State of Illinois, did admit in his place, upon the floor of this convention, that when a daring charge was to be made upon an enemy, we did not depend upon ourselves, but depended upon foreigners to accomplish it. A pretty commentary this would be upon our native courage. I will ask the gentleman, if his conscience will permit him, thus to desecrate the memory of those of our countrymen, who have achieved a victory, whenever an enemy has been met, upon the plains [of] Mexico? Ifhe would desecrate the memories of those gallant spirits, who have poured out their life blood in fighting the battles of their country? If he would desecrate the memory of the gallant Hardin, whose obsequies a few short days ago we witnessed? I think I could name some, sir, who at Buena Vista, charged the enemy tolerably well, although they were not foreign- ers. Sir, did foreigners fight the battle of Bunker’s Hill? Was it not fought by men who left their ploughs standing in their own native fields, and rushed with true American courage to the bth. Pe 606 desperate battle? Boston, with the best blood of English irr men, high-minded men, natives of the land for whom “‘who knew their rights, and knowing dared maint Who charged the Hessians ‘at Bennington? Were they - or were they the sturdy mountaineers of Vermont and N shire, who with their own stalwart arms, dealt death at ey Sir, it is in vain for gentlemen to talk to us, of the supe! foreign courage, over that of our own. So to talk, is uny the character of a high-minded and intelligent statesman. Sir, it has been told to us, during this debate, that V spoone, Morris, Braxton, and others foreigners, suppo Declaration of our Independence; that great charter of o ties. True, they did so, and I ask you, sir, if they did n they signed that instrument, pledge their lives, their fortun their sacred honor, to its support; could there be a highe of naturalization than this? Sir, was it not one kinds of naturalization that immediately emanates from tl of Deity itself? The highest that is given to sublunary this country their own by adoption; and there will al great and good men of other nations, settling among us us remember that we are now framing an organic law, last for centuries. And that while there may be m some bad men will come to our country. Let us require of to linger a while upon our shores before they are permitte partake of the privileges of the elective franchise. One word more in conclusion, Mr. Chairman, and I to trouble the committee. It was said by the gentleman Brown, that it was by chance we were born here. That th Africa. It is evident to me that I could not very well hav born a negro, or if I had been, I think I could have ee THURSDAY, JULY 29, 1847 607 _ ship their God according to the dictates of their own consciences, in the morasses, and amid the pestilential fogs of Holland? Was ‘it by chance they embarked at Delfthousen; the forlorn hope of a _ mighty world, cabined and confined in two vessels? Was it by a chance they wended their cheerless way through the storms and winds of the ocean, to a wild and unbroken wilderness? In that _ wilderness to encounter the snow wreaths, and unpitying blasts of winter, and the scorching sun and remorseless pestilence of summer; the tomahawk, and the scalping knife of the red savage; continued hardship, and grim and unrelenting famine? Was it by chance that from a little band of about one hundred Puritans a sprung up a population of three millions of souls; ready to declare themselves free and independent? Was it by chance that when _ they found oppression and kingly tyranny following them to their new home, that they were ready to resist it even to the death? _ Was it by chance they endured the horrors of war through a period _ of deep and dark distress; and eventually came out from the struggle, bearing aloft the magnificent charter of our freedom, wet with the blood of our sires; that charter won by stern courage at the cannon’s mouth, by the bayonet’s point? Was it by chance that from three millions, we now number twenty millions? No, no, no. It was by the fiat of the eternal God. By that fiat of Him who unrolled yonder blue scroll, and wrote upon its high frontispiece, the legible gleamings of immortality. By that fiat of Him who paints the bow of promise amid banners of storms; and unchains the lightnings, that linger, and lurk, and play, and flash, amid the gloom. It was the fiat of Him who gave to the Leviathan his home, deep in the unsounded bosom of the ocean; __and hangs out the stars that deck the dewy brow of night. It _ was the fiat of Him who gave to the Eagle his eyrie, high up amid the mountain storm; and to the dove, her tranquil home, in the woods, that echo to the minstrelsy of her moans.] Mr. WHITESIDE rose, not to detain the committee by a speech, but as he had heard insinuations thrown out during the _ debate against the intelligence of the framers of our present constitution he desired to repel those insinuations. They were men of good, sense and intelligence. Our state was settled by 608 ILLINOIS HISTORICAL COLLECTIONS — That was chet time when every man depended for his life on he neighbor; and they asked not where he was born. In that hour 7 i danger the foreign settler was found to turn out as ‘teadily a as” any other. A warm feeling for them grew up from that time, and the same feeling towards them was felt by the framers of the constitution, and the insinuation that those fathers of the 7 knew not the difference between “citizen” and “inhabitant”’ false. I had a conversation with a gentleman from Kentucky who was the one who drew mp that constitution, and when it was" first reported it contained “citizen” in it, but the old men of Illinois struck it out. They did understand the meaning of the word “inhabitant.” He believed the people of his county were in favor of allowing aliens to vote, provided they at the earliest — moment become citizens. With that view he had drawn up the amendment that had been accepted by the member from St. Clair, — as a modification of his own. If any one after being here val citizen. The great majority of them desire to become citize: \. and do so, and are worthy of the privilege. That a bad man could be occasionally found was not strange, and if the same rule © were applied and no Americans allowed to vote except those who were worthy of the privilege, many would be excluded. He run against such a one the other day, who said he hoped our — armies in Mexico might be defeated, and that a curse would fall — upon our nation. He hoped the amendment would be adopted. © And the committee divided on the amendment and it w rejected—yeas 61, nays 76. Mr. MASON rowed to amend so as to require an oath of alle ; giance &c., from those here now; which was rejected. , Messrs. Knox, Dawson and Mason offered amendments — proposing additional restrictions, and they were all rejected. Sec. 2. All elections shall be by ballot. ; Mr. BALLINGALL moved to add to the section— ‘provided that the Legislature may change at any time the mode of voting to viva voce.’ THURSDAY, JULY 29, 1847 609 _ Mr. KITCHELL opposed the amendment. And the amendment was rejected. _ Mr. WHITESIDE moved to strike out the section. And the motion was rejected. Sections 3, 4, 5, 6, 7 and 8 were passed without amendment. ; Mr. Z. CASEY moved the committee rise and report the " article to the Convention without amendment. It is as follows: . Sec. 1. In all elections every white male citizen, above the age of twenty-one years, having resided in the state one year v3 next preceding any election, shall be entitled to vote at such election; and every white male inhabitant of the age aforesaid, i who may be a resident of the state at the time of the adoption of this constitution, shall have the right of voting as aforesaid; _ but no such citizen or inhabitant shall be entitled to vote except im the district or county in which he shall actually reside at the time of such election. Mr. SCATES moved to lay the article on the table, to be taken up at a future time; which motion was decided in the negative. ; The question recurring on the adoption of the article— Mr. ARMSTRONG moved it be voted on section by section; which was agreed to. Mr. ARMSTRONG moved to amend the first section by inserting, &c. (The same amendment as proposed by Mr. Roman, in committee, with the term changed to two years instead of one.) “Mr. KITCHELL moved that the section and amendment be passed over informally for the present. Rejected. Mr. BOSBYSHELL moved the Convention adjourn. Decided in the negative. Mr. SCATES moved a call of the Convention. Messrs. ServANT, GEDDES, TURNBULL and others objected. Upon a division, a call was ordered—yeas 70, nays 40. The call was made, and all present except 15 members. The question being on the amendment of Mr. ARMSTRONG, the yeas and nays were demanded and taken—yeas 66, nays 77. The yeas and nays were as follows: YEAS—Allen, Anderson, Archer, Armstrong, Atherton, Blair, . Sister Sarto lsh ot alist Sn Aid \ - mak ry 610° ILLINOIS HISTORICAL COL} Aeah Ballingall, Ch Boshysely Woodford, Cloud: Churchill, Davis of Massac, Dawent: D Farwell, Green of Clay, Gregg, Hatch, Hayes, Heacock, He son, Hill, Hoes, Hogue, Hunsaker, James, Jenkins, Jones, K Kinney of St. Clair, Kitchell, Lasater, Lenley, McClure, Markley, Moffett, Morris, Nichols, Oliver, Pace, Robbins, R. Rountree, Scates, Stadden, Sherman, Smith of Gallatin, ‘Tho son, Tutt, Vernor, Witt, Whiteside.—66. NAYS—Adams, Canady, Choate, Constable, Cross of V bago, Church, Dale, Davis of Montgomery, Davis of Mc Dawson, Deitz, Dummer, Dunn, Dunsmore, Edwards of Ma Edwards of Sangamon, Eccles, Evey, Frick, Graham, Ge Green of Jo Daviess, Green of Tazewell, Grimshaw, Ha Harper, Harvey, Hay, Holmes, Hurlbut, Jackson, Judd, Kn Jersey, Knapp of Scott, Kenner, Kinney of Bureau, Kno Knox, Lander, Lemon, Lockwood, Logan, McCallen, Marsha Coles, Marshall of Mason, Mason, Matheny, Mieure, Mi e Minshall, Northcott, Palmer of Marshall, Pratt, Peters, Pinck ne Rives, Robinson, Sharpe, Swan, Spencer, Servant, Sibley, S$ Simpson, Singleton, Smith of Macon, Thomas, Thornton, bull, Turner, Tuttle, Vance, Webber, West, Williams, Wh Woodson, Worcester.—78. , Absent—Akin, Bond, Edmonson, Harlan, Hawley, Mh Laughlin, Loudon, McCully, McHatton, Moore, Norton, P. of Macoupin, Powers, Shields, Shumway, Trower and Weac Mr. DALE, when called upon to vote, said that his own and sentiments were in favor of the amendment, but the of his county thought differently, and he regretted that he compelled to vote in the negative. “ Mr. BOSBYSHELL offered the same amendment, wit term changed to three years. And the vote being taken b and nays, resulted—yeas 67, nays 76, as follows: YEAS—Allen, Anderson, Archer, Armstrong, Atherton, Blakely, Ballingall, Brockman, Bosbyshell, Brown, Bi Butler, Crain, Caldwell, Campbell of Jo Daviess, Campbell « McDonough, Carter, F. S. Casey, Zadoc Casey, Colby, Cross | ee fee Le eo es Ree aM. eee + he Wie asa ‘: ¥ . THURSDAY, JULY 29, 1847 x Woodford, Cloud, Churchill, Dale, Davis of Massac, Dement, nlap, Farwell, Green of Clay, Gregg, Hatch, Hayes, Heacock, a Jenderson, Hill, Hoes, Hogue, Hunsaker, James, Jenkins, Jones, et. Kinney of St. Clair, Kitchell, Lasater, Lenley, McClure, Roman, Rountree, Sadie Stadden, Sherman, Smith of Gallatin, _ Thompson, Tutt, Vernor, Witt, Whiteside —67. 2 NAYS—Adams, Canady, Choate, Constable, Cross of Winne- . bago, Church, Davis of Bond, Davis of McLean, Dawson, Deitz, ¥ Dummer, Dunn, Dunsmore, Edwards of Madison, Edwards of " Sangamon, Eccles, Evey, Frick, Graham, Geddes, Green of Jo _ Daviess, Green of Tazewell, Grimshaw, Harding, Harper, Harvey, &: Hay, Holmes, Hurlbut, Jackson, Judd, Knapp of Jersey, Knapp of . Scott, Kenner, Kinney of Bureau, Knowlton, Knox, Lander, _ Lemon, Lockwood, Logan, McCallen, Marshall of Coles, Marshall * of Mason, Mason, Matheny, Mieure, Miller, Minshall, North- cott, Palmer of Marshall, Pratt, Pinckney, Rives, Robinson, ‘i! ‘Sharpe, Swan, Spencer, Servant, Sibley, Sim, Simpson, Singleton, _ Smith of Macon, Thomas, Thornton, Turnbull, Turner, Tuttle, _ Vance, Webber, West, Williams, Whitney, Woodson, Worcester— P76. Mr. CONSTABLE moved the previous question; which was _ seconded. . The question being taken on the adoption of the section, it was decided i in the affirmative by yeas 82, nays 60. ___ The second section was then taken up, and _ Mr. CONSTABLE moved the previous question. ____ Mr. ROBBINS opposed the previous question, as it cut off all _ amendments, and excluded members from presenting the views ~ of their constituents, and having an expression of opinion upon _ them. 4 Messrs. BALLINGALL and KircHELL opposed the previous - question on similar grounds. : And the Convention refused to second the demand. Mr. ROBBINS offered an amendment—strike out all after _ “elections,” and insert, “until the legislature shall otherwise _ provide, shall be viva voce.” ___ Mr. CAMPBELL of Jo Daviess opposed the amendment. The ev might vote his sentiments, uncontrolled by any moneyed 4 employer’s interest, as was the case at the east. The question being taken, the amendment was lost. Bravided by law.” Rejected—yeas 63, nays 72. ¥ a The question on the adoption of the section was taken b ny yeas and nays, and resulted yeas 96, nays 40. The 3d, 4th, 5th, 6th, and 7th sections were adopted. The 8th section was read. Mr. ADAMS moved to insert before “Monday,” the words “the first Tuesday after the first,’ in order that our electio might all be held on one day—the day fixed for the president elections. judiciary, to meet during the session of the Convention. . And without taking a vote on the amendment, the Conventi n adjourned till 3 Pp. M. ao: AFTERNOON , The question pending was on Mr. Apams’ amendment, and t was carried. Mr. HARVEY moved to strike out “biennally;” which moti n was rejected. 4 Mr. THOMAS moved to add to the section, “until otherwis se provided for by law.’ And the vote being taken resulted— yeas 67, nays 15. No quorum voting. A call of the Convention was ordered and made, and a ( members answered to their names. The question was aga taken and no quorum voted. A third vote was taken and quorum voted. Mr. Z. CASEY called for the yeas and nays! and they w ordered and taken. And the amendment was adopted—yeas nays 50. And the section, as amended, was adopted. THURSDAY, JULY 29, 1847 613 Mr. WOODSON moved the article be referred to the committee i. of Revision, &c. Carried. . Mr. THOMAS moved the Convention resolve itself into committee of the whole and take up the report of the committee on the Militia; which was agreed to, and Mr. Tuomas was called to the chair. The report of the majority of the committee (the sth article _ of the present constitution, without any amendment) was taken up. Sections one, two and three were agreed to, without amend- ment. Sec. 4. Brigadier and major generals shall be elected by the officers of the brigades and divisions, respectively. Mr. McCALLEN moved to strike out “officers of” and insert “persons composing.” Mr. CAMPBELL of McDonough moved to insert—to meet the views of his friend from Hardin—after the proposed amendment, the words “except foreigners;”’ and the motion was rejected. The question being taken on the first amendment, it was also rejected. Sec. 5. All militia officers shall be commissioned by the Gov- ernor, and may hold their commissions for such time as the Legis- lature may provide. Mr. KNAPP of Jersey moved to strike out the [proposed] sec- tion, and insert: “all militia officers shall be commissioned by the Governor, and may hold their commissions for such time as the Legislature may provide.” And the same was adopted. Mr. McCALLEN offered, as an additional section, the follow- ing: “All persons who shall enroll themselves into volunteer companies, uniform, equip, and hold themselves in readiness for service, shall be exempt from serving on juries, and paying a capitation tax for road purposes.” Mr. CAMPBELL of McDonough moved to insert after “‘all persons,” “except foreigners.”’ Lost. Mr. KITCHELL moved to strike out the exemption from jury service. Carried. : Mr. CAMPBELL of McDonough moved to strike out the 614 ILLINOIS HISTORICAL COLI exemption from the capitation tax for road ea same was rejected. The question was taken on the proposed st rejected. ; _ The committee rose and reported the article; i ment, to the Convention. And the question being curring with the amendment, it was decided tributed according to law.” Messrs. ARMSTRONG, BROCKMAN and SINGLET and the Ruesiicn being Ge thereon, the ame jected. The article was then adopted as a a part of cheng and it was referred to the committee on Revision, &c. And then, on motion, the Convention adjourned. eS re eS sap SB a AN ae pal ats ah hina Satta, Mes bl ‘ his fire at his friends who are battling for the best they can ob: Which course is the true one? The gentleman from Gallati that on the occasion of his first speech he was attacked. was not so; no attack was made upon him. When he said supreme court, when it held court where there would be but case to be tried, would become contemptible, he, Mr. D., diffe from him, and thought otherwise. He thought the gentlem the gentleman from Sangamon agreed then in pronouncir effort to make the supreme court hold a term in each circuit calculated to bring the court into contempt, and he differed fr them in opinion. This was all: and no attack was made upon th gentleman. But it is evident, said Mr. D., from the allusion by the gentleman to that matter, that he has been treasuri: in his heart, wrath against the day of wrath. Hehascarried th his heart, until that day should arrive when he could get me opposition, where he could vent his spleen upon me. It has com and we have seen its workings. Not content, sir, with p upon my head the venom he has treasured, you, sir, have co me forashare. He has complained of you, also, because he says. th from his seat he cannot succeed in catching your eye, and your : and has, therefore, been denied the opportunity of speaking. — Mr. CALDWELL said, he had never complained of Speaker. Mr. DEMENT said, well, sir, he says he could not pape eye, nor your ear; if his complaint is not against you, it is age ns his seat. The gentleman has said that he thinks prohibition, this moment, stands upon firmer and ‘surer grounds than at time during the Convention. How he had come to that co sion is rather difficult for others to perceive. If he thinks fe ee a em See ge eee, Pere SOL, ea eS THURSDAY, AUGUST 5, 1847 693 ‘hibition could be carried after its rejection yesterday by an over- whelming vote; if he thought there was the least chance, he would vote for it. Mr. D. explained the provisions of his amendment _ not to be a banking system, but a plan of restrictions upon any sy stem that might be adopted. He pointed out the vast difference between it and the plan of Mr. SHERMAN, and advocated its 4 adoption, as the best thing the opponents of banks had any chance of obtaining. _. Mr. THOMAS withdrew his motion to strike out the individual _ liability clause. _ Mr. CALDWELL said, the gentleman from Lee had repre- _ sented him as saying he had offered an alternate prohibition clause. : _ This was not so, he had not offered any such thing. When he ' _ spoke of this, he was referring to a proposition that had been intro- _ duced by the gentleman from Fulton, (Mr. Marktey) and by a g member whom he did not now remember. _ Mr. ARCHER said he had offered such a proposition. “ Mr. CALDWELL said, that it was to the fact that these had _ been offered, and he had asked the member from Lee why he _had not taken up one of those, as a compromise, instead of his present amendment, or the proposition of the gentleman from _ Morgan. | Mr. DEMENT had no knowledge of the propositions. Mr. HAYES offered an amendment. _ Mr. CALDWELL offered an alternate prohibition section, to _ be submitted to the people separately, which was accepted as a _ substitute therefor. 7 _ Mr. ADAMS moved the previous question, which was seconded. The question was then taken, by yeas and nays, on the amend- _ ment offered by Mr. Haves, as modified;_ and the same was reject- ed. Yeas 61, nays 76. ____ The question was then taken on the amendment first pean toonsow- and the same was sloped: Yeas 127, nays 9. _._.. The question was then taken on the 11th section, (individual _ liability of stockholders); and the same was adopted. Yeas 109, _ nays 30. 69, ILLINOIS HISTORICAL COLLECTIONS 99: | And the report of the committee on Incorporations as amended and adopted, stood as follows: a SECTION I. Corporations, not possessing banking powers or ‘privileges, may be formed under general laws, but shall not be created by special acts, except for municipal purposes, and in cases where, in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws. Sec. 2. Dues from corporations not possessing banki powers or privileges shall be secured by such individual liabilit of the corporators, or other means, as may be prescribed by la Src. 3. No State bank shall hereafter be created, nor sh the state own, or be liable for, any stock in any corporation or joint stock association for banking purposes, to be hereaftey created. : Sec. 4. The stockholders in every corporation and joint stod association for banking pruposes, issuing bank notes or any ki of paper credits to circulate as money, shall be individua responsible to the amount of their respective share or shares of stock in any such corporation or association, for all its sag and liabilities of every kind. ge Sec. 5. No act of the General Assembly authorizing corpora- tions or associations with banking powers in pursuance of the foregoing provision, shall go into effect or in any manner be enforced, unless the same shall be submitted to the peo at the next general election next succeeding the passage of | ray sy - election for or against such law. Mr. SMITH of Macon moved the Convention prey A the Convention adjourned. XLVIII. FRIDAY, AUGUST 6, 1847 The question pending at the adjournment yesterday was on the adoption of the report as amended. Mr. EDWARDS of Sangamon moved the previous question __ which was adopted—yeas 65, nays 56. ; -“Mr. SCATES moved a division so as to vote first on the adop- _ tion of the last section thereof, and the Convention refused a _ division of the question. The question was then taken on the adoption of the article, and it was decided in the afirmative—yeas 96, nays 45. 7 Mr. HAYES offered an additional section. The PRESIDENT ruled it out of order. Mr. HAYES appealed from the decision of the Chair and asked _ for the reading of his amendment. Mr. THOMAS objected to its reading. __. The question was taken on allowing the amendment to be _ read and decided in the affrmative—yeas 65, nays 56. - Mr. CASEY begged the gentleman to withdraw his appeal; _ the chair was certainly correct. Mr. HAYES withdrew his appeal. Mr. SERVANT moved the article be referred to the committee on Revision. Carried. Mr. Z. CASEY moved to take up the report of the committee on the Executive [Legislative?] Department as amended in com- ‘mittee of the whole; and the motion was agreed to. és The first and second sections and the amendments thereto _ were adopted. ? The third section was read, and i Mr. MARKLEY moved to strike out “25” and insert “21” __ and the same was lost—yeas 41, nays 86. ‘ Mr. SINGLETON offered an amendment; which was adopted. And then the section was adopted as amended. ; Sec. 3. No person shall be a representative who shall not _ have attained the age of twenty-five years; who shall not be a 695 eee AY Y i 696 ILLINOIS HISTORICAL COLLE ( citizen of the United States, and an inhabieane ee ih stat shall not: have resided three years in the state, and within the of the county or district in which he shall be chosen twelve mont next preceding his election, if such county or district shall h been so long erected; but if not, then within the limits of the coun or counties, district or districts, out of which the same shall ha been taken, unless he shall have been absent on the public busi: of the United States, or of this state; and who, moreover, s not have paid a state or county tax. v The three following sections were adopted: Sec. 4. No person shall be a senator who shall not have : tained the age of thirty years; who shall not be a citizen of the United States, and an inhabitant of this state; and who shall 0 have resided five years in the state and one year in the county district in which he shall be chosen immediately preceding ok election, if such county or district shall have been so long cre : but if not, then within the limits of the county or count district or districts, out of which the same shall have been take unless he shall have been absent on the public business of the Uni States, or of this state; and shall not, moreover, have paid a or county tax. Sec. 5. The senators, at their first session herein neaeiiad shall be divided by lot from their respective counties or districts, as near as can be, into two classes. The seats of the first shall be vacated at the expiration of the second year, and of the second class at the expiration of the fourth year; so one-half thereof, as near as ae may be ern cho forever thereafter. souls, when five members may be added to the House, an additional members for every five hundred thousand inhab FRIDAY, AUGUST 6, 1847 697 to which said counties may be entitled, shall be elected by the entire district; and until there shall be a new apportionment of senators and representatives, the state shall be divided into senatorial and representative districts; and the senators and rep- resentatives shall be apportioned among the several districts as follows, viz: The following sections, after various amendments, were adopted, as follows: | Sec. 7. The first session of the General Assembly shall com- mence on the first Monday of January, one thousand eight hun- dred and forty-nine; and forever after, the General Assembly shall meet on the first Monday in January next ensuing the elec- tion of the members thereof, and at no other period, unless as provided by this constitution. Sec. 8. The Senate and House of Representatives, when assembled, shall each choose a speaker and other officers. Each House shall judge of the qualifications and elections of its members, and sit upon its own adjournments. Two-thirds of each House shall constitute a quorum; but a smaller number may adjourn from day to day, and compel the attendance of absent members. Sec. 9. Each House shall keep a journal of its proceedings, and publish them. The yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals. Sec. Io. Any two members of either House shall have liberty to dissent and protest against any act or resolution which they may think injurious to the public or to any individual, and have _ the reasons of their dissent entered on the journals. Sec. 11. Each House may determine the rules of its proceed- _ ings; punish its members for disorderly behavior; and, with the concurrence of two-thirds of all the members elected, expel a member, but not a second time for the same cause; and the reason for such expulsion shall be entered upon the journal, with the names of the members voting for the same. Sec. 12. When vacancies shall happen in either House, the _ Governor, or the person exercising the power of Governor, shall _ issue writs of election to fill such vacancies. Sec. 13. Senators and representatives- shall, in all cases, 698 | ILLINOIS HISTORICAL COLLECTIONS except treason, felony or breach of the peace, be privileged { arrest, during the session of the General Assembly, and in go’ to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. a Sec. 14. Each House may punish, by imprisonment during its session, any person, not a member, who shall be guilty ‘ at any one time exceed pilin dae hours. Sec. 15. The doors of each House and of committees of the whole shall be kept open, except in such cases as, in the opinio of the House, require secrecy. Neither House shall, without th consent of the other, adjourn for more than two days, nor t any other place than that in which the two Houses shall be sitting. - Sec. 16. Bills may originate in either House, but may be altered, amended, or rejected by the other; and on the final passage | of all bills, the vote shall be by ayes and noes, and shall be entere 1 on the journal, and no bill shall become a law without the con- currence of a majority of all the members elect in each house. Section 17 as reported was stricken out and the following wa substituted therefor: i “‘Bills making appropriations for the pay of the members an officers of the General Assembly, and for the salaries of the officer of the government as fixed by the constitution, shall not contai any provisions on any other subject.” ‘ Leave of absence was granted to Messrs. ARCHER, PINCKNEY and Kinney of Bureau, for eight days. And the Convention adjourned till 3 p. m. AFTERNOON Leave of absence for eight days was granted to Mr. Dummer. — The Convention resumed the consideration of the busines: “ before it in the morning. i, Section 18 was read, and after various amendments by Messrs Suumway, Perers and others, was adopted as follows: Sec. 18. Every bill shall be read on three different daved i ya each house, unless, in case of urgency, three-fourths of the hous where such bill is so depending shall deem it expedient to dispenst were; a Ore? eet ees ~ ee he Lee 43 net ao hp Pace a oe » FRIDAY, AUGUST 6, 1847 699 with this rule; and every bill, having passed both Houses, shall be signed by the speakers of their respective Houses; and no private or local law which may be passed by the Legislature shall embrace more than one subject, and that shall be expressed in the title. And no public act of the General Assembly, shall take effect or be in force until after the expiration of sixty days from the end of the session at which the same may be passed, unless, in case of emer- gency, the Legislature shall otherwise direct. Messrs. Sim and KENNER offered additional amendments, which were rejected. Section nineteen was adopted as follows: Sec. 19. The style of the laws of this state shall be:—“Be it enacted by the People of the State of Illinois, represented in the General Assembly.” To section twenty eighteen motions to amend were made, and the yeas and nays were taken seven times; and the section was adopted as reported—yeas 93, nays 35. Mr. VANCE moved to insert the following, as an additional section: “After the year 1860, the Legislature may raise the per diem pay of members to any sum not over $3 per day;” and the same was rejected. The twenty-first section was adopted, as follows: Sec. 21. The per diem and mileage allowed to each member of the Legislature shall be certified by the speakers of their respec- tive houses, and entered on the journals and published at the close of the session. The twenty-second section was adopted, as follows: Sec. 22. No money shall be drawn from the treasury but in consequence of appropriations made by law; and an accurate statement of the receipts and expenditures of the public money shall be attached to, and published with the laws at the rising of each session of the General Assembly. And no person, who has been or may be a collector or holder of public moneys shall be eligible to a seat in either house of the General Assembly, nor be elected to any office of profit or trust in this state, until such person shall have accounted for, and paid into the treasury, all sums, for which he may be accountable. place of trust, cas this state, which shall have beat we yr emoluments of which shall have been increased, during such Mr. AKIN moved to add to it: “Nor shall any mer this Convention be eligible to any office created by this: tion at the first election after its ratification.” om Mr. EDWARDS of Sangamon offered the fllowing, substitute thereof: His a ““No person elected to the Legislature shall receive + Yite and all such appointments and all votes given for any y such m ber, for any such office or appointments shall be void.” Mr. EDWARDS supported the amendment with ‘some marks, and was replied to by PPh Mr. SCATES who doubted its constitutionality. ‘s fee The Convention, without taking the question, adjor rr to-morrow at 8 o’clock. XLIX. SATURDAY, AUGUST 7, 1847 Mr. WEST moved to suspend the rules to enable him to offer the following preamble and resolutions. And the rules were unanimously suspended. Wuereas, we have just learned with deep and poignant regret of the death of Captain Franxiin Nites, of the 5th regiment of Illinois volunteers, which occurred on the 24th day of July last, whilst on his way to Mexico, in command of a company of volunteers from Madison county; therefore, Resolved, That we sincerely mourn and deeply regret the death of our fellow-citizen, Capt. Franxiin NILEs, of the 5th regiment Illinois volunteers. Resolved, That in the death of Capt. NiLEs, the volunteer army of the United States has sustained the loss of a brave and accom- plished officer; our state one of its noblest and deserving sons; and the community one of its brightest ornaments, and his family and friends one who was endeared to them by every feeling and sentiment of love and esteem. Resolved, That we cordially sympathize with the 5th regiment of Illinois volunteers, and the company under his command, and with the friends and family of the deceased, who, by this afflicting dispensation of Almighty God, have sustained a loss which neither the honors of the world, or the sympathies of friends, can deprive of its bitterness. Resolved, That the Secretary furnish a copy of the above ' resolutions to the sth regiment Illinois volunteers, and the family of the deceased. Mr. WEST accompanied the presentation of the above with _ some exceedingly chaste and appropriate remarks, in relation to the virtue and manly patriotism of the deceased.” And the preamble and resolutions were unanimously adopted. °° Tais eulogy by West may be found in the Sangamo Journal, August 12. 701 702 ~~: ILLINOIS HISTORICAL COLLECTIONS The question pending was on the adoption of the substitute — 4 proposed by Mr. Epwarps of Sangamon for the amendment of _ Mr. Axtn to the twenty-third section of the report of the Legisla- _ tive committee. re Messrs. Epwarps of Sangamon, Harvey, WILLIAMs, WHITE- — sipE, Hurigut and Peters advocated the adoption of the sub- stitute, and Messrs FARWELL and Pratt opposed it. ie The question was taken thereon and it was adopted—yeas 90, nays 29. a Mr. LOCKWOOD moved to add to the section the following: 4 “Nor shall any member of the General Assembly be interested, either directly or indirectly, in any contract with the state, or any _ county thereof, authorized by any law passed during the time for which he shall have been elected, or during one year after the expiration thereof.”’ ke Mr. AKIN offered the amendment presented, yesterday, asa substitute therefor. Ml Mr. CONSTABLE moved to lay the substitute on the table. — The yeas and nays were ordered thereon, and the substitute was laid on the table—yeas 81, nays 41. ‘a The question recurred on the amendment of Mr. Locxwoop, “fl and it was adopted. qi Mr. PRATT moved to add to the section: “All persons — elected by the people of this state to any office whatever, shall, — if the same be accepted, be ineligible to any other office in the state during the period for which they shall have been elected.” Mr. FARWELL advocated the adoption of the amendment, as carrying out the principles contained 1 in the amendment of Mr. | Epwarps, adopted this morning. a Mr. KNOWLTON moved to lay the amendmenton the table. _ And the section was then adopted. - Sec. 24. The House of Representatives shall have the sole — power of impeaching; but a majority of all the members elected ~ must concur in animpeachment. All impeachments shall be tried by the Senate; and when sitting for that purpose, the senators shall be upon oath, or affirmation, to do justice according to law and evidence. No person shall be convicted without the concur- rence of two-thirds of all the senators elected. : ‘wy on a +, Iu Soe Ee EP Ee Se eS oe ae ERY Seay aR aNts F SRE ED Me 0! io + a eae ark, ee pide! att oe % ET SATURDAY, AUGUST 7, 1847 703 Mr. CALDWELL moved to add to tHe section the following: “the General Assembly shall be forever prohibited from passing any private, special or general acts, renewing, extending or in any wise creating or authorizing the exercise of banking powers and privileges: ‘Provided, that the foregoing section shall be submitted as a separate question to the people, and if the same be adopted by a majority of the votes cast for and against the constitution, then the same shall become a part of this constitu- tion, and supersede all other provisions to the contrary. Mr. SMITH of Macon moved to lay the same on the table. Mr. CALDWELL demanded the yeas and nays, and they were ordered. Mr. CALDWELL moved a call of the Convention; which was ordered and made. The question was taken by yeas and nays, and decided in the negative—yeas 65, nays 66. Mr. GEDDES moved to add to the amendment, before the proviso: ‘‘The Legislature shall pass laws imposing adequate penalties on the circulation of the paper of banks located out of this state, and making void all contracts, the consideration of which is the paper of such banks, and all payments made in the notes of such bank.” Mr. SCATES thought the amendment of the gentleman from Hancock (Mr. GeppEs) just and correct in principle, but under the circumstances he would vote against it. A few days ago the question of prohibition was before the Convention, but their new leader brought in this feature, as an amendment to it. He and others had been caught by it, and voted for it, and then prohibi- tion was defeated. He hoped the friends of prohibition would vote down this measure, and have a full and direct vote upon the question of prohibition, upon its real merits. Mr. CALDWELL said, he, too, had voted for the amendment now proposed when offered a day or two ago by the gentleman _from Adams, but now he would vote against it. It contained principles that he thought just in themselves, but there were many friends of prohibition who could not vote for it with this amendment hanging upon it. He had voted for it in good faith 704 ILLINOIS HISTORICAL COLLECTI then, but now would oppose it, as there was a sentiment in Convention against it. Mr. TURNBULL was opposed to prohibition, but oie anendal ment was a proper accompaniment to that principle; therefore, he would vote for it, and then vote against the whole. __ Mr. EDWARDS of Sangamon moved to lay the whole subj on the table. The PRESIDENT said the motion was out of cde a Convention had just refused to lay the proposition on the tabl a motion to lay the amendment to the amendment on h table, would be in order. my Mr. PALMER of Macoupin said, the friends of rohibicel n were desirous to present to the people the naked question of bank or no bank, and he hoped it would be allowed to be done. bank party had expressed their willingness to do this; but th desire now to clog the proposition with this amendment. Wh are all their professions in favor of submitting the question to | people? Did they ever feel willing to do so? If so, let them com forward now, and show the sincerity of their professions, and v for submitting this question unencumbered with other pr sitions. Let them present us with the naked question of ba or no bank. 2 Mr. EDWARDS of Sangamon moved to refer the whole subj to the committee on Incorporations. Mr. ADAMS advocated the reference of the subsiee ets committee, and then branching out into the merits of the an ment, was called to order. | Mr. KINNEY of St. Clair moved the previous question. Mr. DEMENT opposed the previous question. He wante test vote upon the subject. He would vote against the am ment. Mr. CHURCH pointed out that, in its present shape, t section providing for the trial of impeachments must be ia with the prohibitory clause. oe. The question being taken, the previous question was 1 ordered—yeas 53, nays 65. at The question then recurred on referring the subject to t committee. SATURDAY, AUGUST 7, 1847 705 Mr. WOODSON hoped the reference would be made. By ; “referring i it we could economize time. ___[Mr. WOODSON remarked,*! that the question was now upon _ the reference of this proposition to the committee on incorpora- tions. The gentleman from Macoupin was, perhaps, not aware ‘that the question had been settled, that any act which might be passed by the legislature, should be referred to the people for sanction or rejection; and, such being the case, he had supposed that the gentleman would have been content to let it remain as it _was. If the question of prohibition was still pending, he would have no objection that it should be referred; but inasmuch as "so much time had been consumed upon it, and a decision had been | atrived at by the convention, he thought it could serve no good _ purpose to continue to agitate the question. If there had been an expression of the sense of the convention in regard to the sub- ‘ject at all, it was unmistakably in favor of the proposition which ped already been adopted, to the exclusion of all others. He was a festrictionist, though not a prohibitionist, and as restriction— 'j Mr. Woodson was reminded by the President that it was not in order to debate the merits of the proposition, pending a question 1 of reference. _ Mr. WOODSON said he was speaking to the question of ‘reference; he was remarking that restriction had been adopted, and in the most proper and respectful mode in which it could be adopted. When an act was passed by the legislature, it was to be submitted to the people for sanction or rejection by them; could there be a more respectful course than this taken by the con- -vention? It was more respectful towards the people than it would be to refer to them the question of prohibition or no prohibition; _and in case the people should be against prohibition, then to leave ‘ it open to the legislature— ___ (Mr. Woodson was again called to order.] » Why should this proposition be referred at this late stage of | the proceeding? It could answer no good purpose; it could only serve to consume the time of the convention, which they ought -y every practicable means to economize.] : 51 This speech by Woodson is taken from the Sangamo Journal, August 24, et question to the people can expect nothing ie dane commit e who have determined that the people shall have nothing to say the subject. If referred to them, it will never be heard of | agai Here, Mr. F. was called to order by the President. Mr. F. proceeded again for a few gee and was calle order for irrelevancy. Nu Mr. F. commenced four additional times to proceed, ae a a few words each time, was called to order on the same daha - wee i‘ Mr. EDWARDS of Sangamon insisted that a member 1 wh called to order should take his seat. Mr. F. said he would sit down. ya _The PRESIDENT said, the gentleman had been out of c ord that nothing could be discussed but the question of references) a that only. : Mr. FARWELL was about to proceed, when a Mr. KENNER raised a point of order, that ae gentlem had spoken 4efore—that is, had taken his seat. The PRESIDENT overruled the point of order. Mr. FARWELL again proceeded, for about one minute, opposition to the reference, because the amendment was onlt tended to break down the question of prohibition. Crie “‘order”’ from all parts of the hall. m Mr. GREGG moved that the Convention adjourn till Mon a to enable the districting committee of twenty-seven to close labors. And the motion was agreed to. i L. MONDAY, AUGUST 9, 1847 The President being absent, Mr. Z. Casry took the chair. Prayer by Rev. Mr Patmer of Marshall. _ The question pending at the adjournment on Saturday, was _ on the motion to refer the amendment of Mr. CALDWELL, _ together with the amendment thereto, to the committee on Incor- _ porations. _ Mr. ECCLES moved a call of the convention, and the same __ was ordered. After the list had been gone through with, and no quorum appeared, the doors were closed. Mr. ROMAN moved that leave of absence be given to Mr. _ Koiwney of St. Clair, tor eight days, and leave of absence for eight days was granted to Messrs. Woopson, Cuoate, Evey, JENKINS ~ and StncLeTon were excused on account of sickness. The follow- ing gentlemen absent were not excused: Batiincatt, Bonn, _ Constas_e, Epwarps of Madison, Locan, Nortucort, PETERS - and the PresIpENT. A quorum having appeared, the convention resumed its busi- ness. Mr. EDWARDS of Sangamon urged the reference to the com- _ mittee on Incorporations. Mr. CALDWELL opposed the reference to the committee on _ Incorporations; he preferred a direct vote upon the question. ; Mr. CONSTABLE was in favor of the proposition offered by _ the member from Gallatin, but he thought it out of place in the section to which it was proposed to attach it. He suggested its _ reference to a select committee of its friends. Indeed, it was an _ established rule, that a proposition should not be referred to a _ committee known to be opposed to it. Mr. SCATES raised a point of order, whether the motion to refer an amendment did not carry with it the whole subject. 797 7088 ILLINOIS HISTORICAL COLLECTIONS The CHAIR said such was his opinion and he would so decid were it not the president had uniformly decided otherwise, an would follow his decision. y Mr. CALDWELL moved that the amendment and the amend- ment thereto, be referred to a select committee. *g Mr. SCATES appealed from the decision of the chair. Mr. DAVIS of McLean raised a point of order, whether th e amendment was in order at the time it was offered on Saturday. The CHAIR decided that he knew nothing of that matter. It had been received by the president, and had been decided by him to be in order. Therefore, the present occupant of the chat r would decide the amendment to have been in order. “@ Mr. DAVIS of McLean appealed from the decision of the ch Mr. SCATES withdrew his appeal, and Mr. Davis did the same. a The question recurring on the motion to refer, ie Mr. PALMER of Macoupin asked a division of the questic n so as to first vote on referring the amendment of Mr. GeppE Objected to; and the vote being taken the convention refuse divide the question. b Mr. SINGLETON opposed the motion to refer the question to ‘ the committee. This question had been discussed; we were all fully prepared to vote upon it, and he hoped it would be settled at once. He desired a direct vote, and did not approve of the mov ments to evade it. f The question was taken on referring the subject to the coma mittee on Incorporations, by yeas and nays, and decided in the negative—yeas 63, nays 77. ; a The question was then taken, by yeas and nays, on referri the amendments to a select committee of nine, and decided in affirmative—yeas 71, nays 67. , The section then stood as reported. Mr. MARKLEY moved to add to it an amendment, provid a power to repeal all charters, &c. Mr. EDWARDS of Sangamon raised a point of order, “ag the amendment relevant to the section.’ The CHAIR decided its irrelevancy was a question for the ¥ y MONDAY, AUGUST 9, 1847 709 convention, good ground for the body to reject it, but not a ques- tion for him to decide. Mr. DAVIS of McLean appealed. _ After a short debate the amendment was withdrawn. . Mr. EDWARDS of Sangamon moved to reconsider the vote referring the subject to a select committee. A Mr. DEMENT advocated the reconsideration; the present was as good as any other time to decide the question. He hoped the convention would take a direct vote on the subject. Mr. CONSTABLE said the friends of prohibition seem desir- ous to force this question upon us at this moment, and he would vote for the reconsideration. He was in favor of the proposition _ and had voted for its reference as the best mode of advancing it. _ But as some were not disposed to be satisfied with well enough, _he would vote to reconsider and then vote against the whole. Mr. CALDWELL hoped the vote to reconsider would not prevail. There were many who were not satisfied with its present _ phraseology, and in committee this difficulty might be obviated. Mr. PALMER opposed the reconsideration on the same grounds. Mr. SHERMAN hoped it would be reconsidered, and the question met fairly now. The question on reconsideration was taken and decided in the _ affirmative—yeas 69, nays 56. Mr. CALDWELL withdrew his original proposition and offered _ the following: Sec. —. The general assembly shall be forever prohibited from passing any private, special, or general law, renewing, ex- _ tending or in anywise creating or authorizing the exercise of bank- _ ing powers or privileges within this state. Provided, that this clause be submitted as a separate section to the people at the election held for the adoption of this constitution; and if such _ clause as a separate section be adopted by a majority of the votes _ cast for and against it, then the same shall become a part of this constitution, and supersede all provisions in this constitution _ to the contrary, otherwise to be void. _ Mr. CALDWELL moved the previous question. ia. 710 ILLINOIS HISTORICAL COLLECTI ons. Messrs. WILLIAMS and DEMENT opposed the odie question. Mr. CALDWELL advocated it. Mr. McCALLEN opposed it. And the convention refused to order the main question— 65, nays 74. Mr. GEDDES renewed his amendment. me Mr. ADAMS moved the previous question; which was adele dis when, g Mr. CALDWELL withdrew his amendment. The question was then taken on the adoption of id mak sec . tion, and it was adopted. Mr. WILLIAMS offered an amendment, containing the stance of Mr. Catpwe .t’s and Mr. GeppeEs’ pst ah hig e bodied in one. Mr. HAYES offered the following as a substitute ckeboe : “The question of banking shall be submitted to the people when they shall vote on the adoption of this constitution, and if a majority of those voting on the question shall vote for bank then the general assembly may pass banking laws under restrictions contained in this constitution, but if the majo voting on the question, shall not vote for banking, then no per: corporation or association of persons shall be allowed to manu. facture or emit any paper intended to circulate as paper money.” And the vote being taken thereon, by yeas any nays, it was rejected—yeas 60, nays 8o. A motion was made to adjourn, and it was ecjoctealee Mr. CALDWELL moved as a substitute for the amendm of Mr. WIiL.1aMs, his own proposition (before withdrawn) and amendment thereto, offered by Mr.Geppgs, with a proviso. the latter, that 7# should be submitted as a section separate from the constitution, and from his prohibitory section. . Mr. SHIELDS moved the Convention adjourn Ne 3 P. Lost. Mr. CONSTABLE moved the previous quceaees which ordered. And the question recurring on the substitute it was reieee yeas 56, nays 85. ; ; . MONDAY, AUGUST 9, 7847 7II _ The question recurring on the amendment of Mr. Wit.iaMs, _ Mr. CALDWELL called for a division of the question, so as ' to vote first on the prohibitory part. And the Convention _ refused to divide the question. The amendment was then rejected—yeas 68, nays 72. And then, on motion, the Convention adjourned. _ [Mr. CALDWELL alluded® to the various objections which had been urged against this amendment, and against the pro- _ priety of referring it to the committee; first, that it occupied the _ wrong place; next, that it had no application to the subject which it proposed to amend, and that it ought therefore to be discon- “nected with it. Now, said Mr. Caldwell, what is the subject “under investigation at this time as embodied in this report? Why, ‘it is but one single subject, and that is the subject of legislative _ power; that is the subject embraced in this section. It is a limit- _ ation on legislative power, in a particular mode; conferring power upon the legislature under certain limitations. I am not so _ familiar with the forms of legislation as the gentleman from San- _ gamon, but I am satisfied that it is in the right place; however, as _ to the place it shall occupy, I am not at all tenacious. Now, _ suppose the section should be adopted, why it will all be referred _ to the committee on revision, and they can detach it if they please from the body of this article and give it the form of a distinct "article. The very object of the constitution of that committee ‘is for the purpose of revising and arranging the sections. The _ proposition is of itself separate and distinct. But the gentleman d ‘Says, it is not in order to submit an additional section. I do not _ know how that is, but I think it is proper to submit a distinct _ proposition; so far as that objection is concerned, it amounts to _ nothing at all. The committee on revision can set it right; and in addition to that, we hold a similar proposition before the com- mittee on the legislative department; they did not think proper _ to act on it, and if it be now referred to the committee, I shall consider it a defeat of the proposition. This, I take it, will be the effect of reference. It is well known what the sentiments of that committee are. It will never be reported back. This fuller account of the remarks by Caldwell, Constable, Pratt, a Singleton, and others is taken fromthe Sangamo Journal, August 24. 712 ILLINOIS HISTORICAL COLLECTIONS — Mr. CONSTABLE said, although perfectly silting to vote folk a proposition of this kind separately and distinctly, and although in so voting, he should vote the sentiments which he sincerely entertained; yet, he could not consent to place this subject connection with the subject contained in the legislative report as” it now stood. It was a subject which would have to be explained; it was a subject which would not be understood by the casual observer. Had the gentleman from Gallatin presented, in a sep- arate report, the reasons for the introduction of this section, or had he introduced it as a distinct section of this report, there might have been some propriety in thus submitting it; and in the re- marks which he had made concerning the propriety of providing, for the impeachment of derelict officers, but he could not exacth see the propriety of introducing it in this place. But in voting for the reference, he did not do so for the purpose of defeating the proposition, although the gentleman might suppose that that was the design of those who voted for its reference. The gentleman might select some other committee if he pleased. He was in favor of the reference for the purpose of having the subject presented it a proper shape and in a proper place, in order that the sense of the convention might be taken upon it, in such a manner as not to involve it in any doubt. He thought that it was proper to- refer the proposition, unless the gentleman would consent to with-— draw it, and submit it at some other time. He would add, that he did not think that the committee on Incorporations was the committee to which it should be sent, as that committee had already considered the subject, and reported unfavorably upon its and he believed it was a parliamentary rule, that a measure wa entitled to a reference to its friends. Mr. SINGLETON said, he should vote against refer 1g the proposition to the committee, not because he was in favor of th proposition, but because he was anxious to dispose of it. If 1 t were referred to the committee, it would be their duty to make a report. He was opposed to this method of evading the question. He desired to see it fairly met and disposed of. The question was taken on referring the subject to the cor mittee on Incorporations, by yeas and nays, and decided in the negative—yeas 63, nays 77. MONDAY, AUGUST 9, 7847 733 The question was then taken, by yeas and nays, on referring _ amendments to a select committee of — and decided in the affrmative—yeas 71, nays 67. Mr. CONSTABLE said, that as a friend of the proposition which had been adopted, he would vote for the reconsideration; and then, against every proposition to amend it. Mr. CALDWELL was opposed to the reconsideration of this vote. The proposition had been offered by him in a spirit of compromise, with a view of placing it in such form and place as would render it free from objection. Mr. SHERMAN was in favor of reconsideration. He was anxious to have a direct vote upon the proposition, so that the question might be definitely settled. The question being taken on motion to reconsider the vote, it - was, upon a division, decided in the affirmative. Mr. GEDDES moved to amend the amendment by inserting the following immediately after the proviso: “The legislature shall pass laws imposing adequate penalties on the circulation of paper of banks, located out of the State; and making void all contracts, the consideration of which is the paper of such banks, and all payments made in the notes of such banks.’’ Mr. CONSTABLE observed that from the situation in which the matter now stood, the Convention would perceive that the submission was not a submission of the simple question of banking, but also of the mode of impeachment. The people would not have an opportunity of voting upon the question of banking as a distinct question; they would have to vote also on the question as to the manner in which impeachments shall be conducted. If one of these questions should be rejected, the other must be rejected also. Mr. PRATT asked for the reading of the amendments, to- gether with the original proposition. [They were read.] He would prefer having these propositions, he said, separate and dis- tinct; it seemed, however, not to have been their fortune to have them so presented. The gentleman from Wabash, though in favor of the proposition of the gentleman from Gallatin, yet he would not sustain the proposition in the connection in which it stood. The proposition contemplated submitting the clause and not the section. The proposition, at the suggestion of Mr. ConsTABLE, Nv again read; and it was modified by the mover. 7 It seems to me, said Mr. Pratt, that by the proposition as now — modified, the objections of the gentleman from Wabash will b obviated. I do not propose to detain the convention with am discussion in relation to the subject of banking. I only desire to — say this;—when the resolution was offered by me in the early Dy stage of the proceedings contemplating prohibition, a great many my gentlemen who professed to be against banks, were unwilling toll have prohibition placed in the constitution for the reason as they - then assigned that it would endanger the constitution itself though they were entirely willing to support a proposition to be submitted as a separate section and thus permit the popular voice to be expressed upon the subject, and believing as they did, that ~ we were not sufficiently instructed on the subject previous tov coming here. I thought, sir, there was plausibility in this, but i a seems the gentlemen were not sincere in making the proposition; H it seems that there was some hidden reason for taking this course. _ The question is now presented in such a shape. Gentlemen sti dodge the question. I here undertake to say that I believe, an I have no doubt the friends of prohibition will concur in that be 4 lief, that a large share of those who voted with us were unwilling — to appeal to the popular judgment; they were fearful that if the — question were to go before the people, they might speak in tones of — rebuke, condemning their action. If I am not mistaken in this. ” gentlemen will come out, and show by their votes that their pro- 4 fessions at that time were sincere. As to the motion of the gentle- State a constitutional currency—a currency which will conform — to the currency of the world, gold and silver. I would like to see the proposition of the gentleman from Hancock left to legislative action hereafter; yet I shall go for the amendment for the purpos of testing the votes of those who throw in the proposition for the purpose of embarrassing the action of the Convention, and let them show what they will do with the bantling, as they have shaped its MONDAY, AUGUST 9, 1847 715 and I will undertake to say that they will vote for the proposition as amended. One thing more, sir. It looked rather strange this morning when we had come to the conclusion that itshould go to a commit- _ tee of nine, who should be required to determine the naked ques- i r =e aS tions thus presented; and when gentlemen succeeded in the motion for reconsideration, professing by their votes that they wished the previous question to be put to the convention, that they should then wheel right about in five minutes, and vote against the previous question. Does not this look like insincerity? Does it not look as if they are unwilling to vote on the question nakedly and separately? When the question of prohibition was before us, they voted against prohibition. They were then willing to make it an alternative proposition,—to submit the alternative proposition of restricted banking or prohibition to the people and let them decide between the two. From this position they seem to have retreated. They seem now to be unwilling to leave the matter to be decided by the popular voice. They seem to have gathered strength, and to have determined that the people shall have nothing to do with it whatever. I believe it will be conceded on all hands, that the bane of hig country has been in an agitated condition of its pecuniary affairs, an unsettled state of the currency: Within the last five years, however, since this matter has been somewhat quieted, we have begun to prosper—prosperity has begun to exhibit itself—and yet gentlemen by their actions seem willing to protract their agitation of this question. They are unwilling to adopt a permanent and settled system, and they are unwilling to trust the people on this question of currency—and they are indisposed, as they say, to tie up the hands of the legislature, because a banking system in some form may become indispensable. Is there any thing con- sistent in this? There is not the same hesitancy to trust the people on other important subjects. Mr. SINGLETON said he felt somewhat awkwardly situated in regard to this question. He was not exactly in favor of either proposition. He was opposed to the one that had been adopted by the convention, and he would briefly state the reasons why he disliked it, and why he had voted against it. . We are sent here, continued Mr. S., to form a new organic law, and we very gravely proceed to ae three distinct departments priate duties, Sa to confer upon each the powers necossacin belonging to it. We have created a legislative department—the q law-making power. Here is a proposition for banking proceeding 4 from the law making power to the people. I think, sir, it is a novel mode of adopting laws; I think it is a departure from the 4 true principles of good government to submit questions of this — kind, or any other, from the law-making power to the people. — The people have determined to confide the law-making power to the appropriate department of the government, and when that — department undertakes to exercise the power, they ought to exer-_ 4 cise it independently and definitely. This is my opinion, and it — is based upon principle, and not because I do not think the people — ée capable of deciding all questions. WW I am in favor of banks. I voted against the proposition which | was adopted by this convention, and I am now in favor of the ~ amendment which is pending. I am in favor of it, because, ifa proposition like that on the table, is to go to the people, 1 want — it as perfect as possible,—not as the gentleman from Jo Daviess — has said, that it shall be a naked question. What does he mean? ~ Does he mean to divest the question of its alternative form, and — thus make it naked? Does he mean that it shall be directed ex- clusively to one single point —the question of carrying on banking in this State, without embracing the question of the circulation of bank paper? It is admitted that the evils of which we have to ~ complain of, arise from the circulation of bank paper. If then ~ the gentleman desires to divest the question of its evils, it is not the question of banking alone which he should desire to submit; but he says that he wants a constitutional currency. Have we not bank paper in the State now? Suppose we prohibit the creation of banks, does the gentleman accomplish his object? I want to see the question fairly presented, that all the evils may be obviated. Let us make a fair test of the principles of those who are opposed to banking. If they say that the circulation of bank - paper in the State is an evil, then I submit, though I do not agree” with them that it is. MONDAY, AUGUST 9, 7847 717 I shall vote for this amendment; but I am not prepared to say that I shall vote for the proposition if amended, because the question would not then go before the people in the shape in which it would be most conformable to my notions. I hope that all those who are opposed to banks, will also oppose the circulation of bank paper. I hope that the friends of prohibition will make this issue, and if we can get that out of the way, then I will go for this proposition when offered; I am unwilling that the two should be adopted, but I am willing to go for this if the other can be got out of the way; and I am willing to do this for the purpose of making a fair issue before the people. Now, I ask the gentleman from Jo Daviess, who seemed unwilling to let the convention know exactly what his opinion was—I ask him if it is right to submit to the people the question of the creation of banks alone, without touching the question of the circulation of bank paper? It must be admitted that there are some good effects attending banking, and if there are evils also, we have to suffer the evils without enjoying the benefit. If we prohibit banking in this State, without doing more than this, does it not seem to favor the proposition that we will use the paper of banks of other States, and exclude our own citizens from the advantages to be derived from banking? It appears to me so. I am willing, sir, to go for anything that will present the question to the people in the proper shape, and when it is adopted, and we get rid of the provision already adopted, then I am pre- pared to vote for the amendment as amended. I do not see the objection to it that the gentleman from Knox does. If adopted it will stand as a separate section, and be submitted to the people as a separate and distinct section, and it appears to me that there is nothing improper in so submitting it. The whole constitution is to be referred to the people, and we only propose that this shall be referred as a separate section and there is a great difference in my judgment between referring the question as just proposed, and referring a law from the law-making power, to the people. The principle, it appears to me, is essentially wrong, and it is this which makes me opposed to the provision which has been adopted. Mr. WILLIAMS hoped the amendment would be adopted. He concurred with the gentleman from Jo Daviess, in the most had intimated, in his opinion veny gratuitously, against he ‘ cerity of members of the convention. He was not one of those persons, however, who were embraced in the insinuation whic hl the gentleman had thrown out, for he had voted with the pro- hibitionists in almost every particular. He thought the 1 insinus y tions of the gentleman entirely uncalled for. The gentleman from Jefferson had said on a former occasion, % that he had been cheated once and did not intend to be again. He could only say that the gentleman could not have been cheated as to the purpose for which the amendment was intended, for it had been frankly stated at every stage of its progress. If there must be a paper circulation in this State, for it wi i that and that alone which was complained of as being objection — able, there ought to be a decided preference given to our own paper. Now gentlemen who were in favor of prohibition, were in favor of it for other reasons than those which influenced him. He did not believe that the evils connected with the circulation of paper money were greater, or as great, as the benefits to be derive 1 from it. He did not think that a paper circulation would be dispensed with; he wished to have the proposition adopted, how- ever, in order that they might have an actual experiment, a nd ascertain by experience whether the entire suppression of th circulation of bank paper would be wise or unwise. He beliey: that a hard money currency, if the principle should be fully carried out, would result in the destruction of the commercial interests « the State. He hoped that those who agreed with him in rega to the propriety of having banks, would permit the question be submitted to the people and decided by them. Mr. SCATES explained the position he occupied in regard to this amendment. a) Mr. SERVANT asked the indulgence of the convention for less than three minutes of their time, he said, to enable him | define his position. It is well known to you, sir, (continued M S.), and to every gentleman i in the convent that I was Pepe neither of the extremes should be adopted a the prohibit should not be adopted, and wishing that the matter should I MONDAY, AUGUST 9, 1847 719 a8 brought to a close, I voted in good faith for the proposition of the gentleman from Wabash, and against the amendment. I voted _ against it then, and shall now, and shall vote against every prop- osition that is in the least degree calculated to disturb the com- ‘promise that was agreed upon some days ago. Though I was originally opposed to a compromise, yet believing that the session might be almost indefinitely protracted, without coming to any conclusion on the subject, without a compromise, and believing - that a compromise was intended in good faith, I voted for it, and shall vote against every proposition that is calculated to disturb that compromise. | AFTERNOON Mr. MARKLEY moved a call of the Convention, which was made, a quorum appearing, Mr. MARKLEY moved to reconsider the vote whereby Mr. WiLL1aMs’ amendment was rejected. And the question being taken by yeas and nays, the Conven- tion refused to reconsider—yeas 55, nays 71. So the bank question was settled for the present, and stands as it did on Friday morning last. Sections 25, 26 and 27 were read and adopted, as follows: Sec. 25. The Governor and all other civil officers under this state shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than- to removal from office, and disqualification to hold any office of honor, profit, or trust, under this state. The party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment, and punishment according to law. Sec. 26. No judge of any court of law or equity, Secretary of State, Attorney General, Attorney for the State, recorder, clerk of any court of record, sheriff or collector, member of either house of Congress, or person holding any lucrative office under the United States or this state,—provided that appointments in the militia, justices of the peace, shall not be considered lucrative offices,—shall have a seat in the General Assembly; nor shall any person, holding any office of honor or profit under the government 720 ILLINOIS HISTORICAL COLLECTIONS of the United States, hold any office under the authority of this 1 state. ; Sec. 27. Every person who shall be chosen or appointee t thereof, take an oath to bhi the constitution OF ie Ueied d States and of this state, and also an oath of office. . Section 28 was read, as follows: Sec. 28. The General Assembly shall have fall power to. : exclude from the privilege of electing or being elected any person — convicted of bribery, perjury, or any other infamous crime. W Mr. SCATES offered a long series of amendments to be added — to the section, defining the powers of the Legislature and enumer- 4 y ating the same. To which were offered various amendments by Messrs.GEDDEs, ~ McCatten, Hay, Kenner, Harvey and ARMSTRONG. iq Mr. MOFFETT moved the previous question; pital was — ordered, and the amendments were rejected—yeas 31, nays 103 And then, the section was adopted. Section 29 was read and adopted. SEc. 29. The General Assembly shall have no power to grant divorces, but may authorize the courts of justice to grant them fo! such causes as may be specified by law: Provided, That such law: be general and uniform in their operation throughout the state. Section 30 was then taken up. q Sec. 30. The Legislature shall never grant or authorize extra compensation to any public officer, agent, servant o contractor, after the service shall have been rendered or the con Ke tract entered into. Mr. CRAIN moved to add thereto, “But may at any tim repeal, alter or amend, when in their opinion the public good requires it, any charter, or general law, granting exclusive privi- leges to any incorporation, individual or individuals whatever.” And the same by yeas and nays was rejected—yeas 48, nays Sa i, 5 And the section was adopted. Section 31, after an amendment, was adopted, as follows: i Sec. 31. The General Assembly shall direct by law in what manner suits may be brought against the state. - ; Section'32 was taken up. tht. oe te ae! be ee kee St, ee Pe i, MONDAY, AUGUST 9, 1847 721 orize Eaicetics for any Purpose, and shall pass lave to prohibit e sale of lottery tickets in this state. Mr. DEMENT moved to insert after “purpose” in first line ‘nor to revive or extend the charter of the State bank or the j _ And the same was adopted. The section was then adopted. Section 33 was read and adopted. _ Sec. 33. The General Assembly shall have no power to authorize, by private or special law, the sale of any lands or other real estate belonging in whole or in part to any individual or in- The 34th section was taken up, but before any vote thereon, Mr.— moved the Convention adjourn. Mr. CONSTABLE, by leave, introduced a resolution grant- LI. TUESDAY, AUGUST 10, 1847 Prayer by the Rev. Mr. Patmer of Macoupin [Marshall?]. Mr. ROBBINS presented a petition from sundry citizens Randolph county, praying a constitutional provision, for exemption of a freehold from execution. He moved its reference to a select committee—to be com- posed of the committees on Law Reform and Miscellaneous Sub- jects, with the following instructions: “‘That they report an article providing that, from and afte Y the first day of January in the year, 1849, a homestead to each and every family in this state of a farm, not exceeding eighty ac: of land, and not exceeding in value eight hundred dollars, o town or city lot with its appurtenances not exceeding in va eight hundred dollars, shall be exempt from execution, and from all liability whatever for all debts thereafter contracted.” a Mr. CRAIN said that the committee on Miscellaneous Sul ; jects had unanimously agreed upon a report upon as subjec and would report to-day or to-morrow. ; Mr. GREGG suggested that as the report would be cam to the views of the member from Randolph, he had better with hold his motion till it was made. F. Mr. BOND expressed himself in favor of the instructions, bu would, at the suggestion of gentlemen around him, defer his marks till another time, when the subject would be more pron before them. Mr. ROBBINS, under the circumstances, agreed that the wal ject should be ree on the table till the report of the commi was made. Mr. BOND asked a suspension of the rules to ene him offer the following resolution: . Resolved, That the select committee of twenty-seven appoint to district the state into senatorial and representative distri be, and they are hereby instructed, that in their efforts to dist: the state into senatorial and representative districts, they shi 722 TUESDAY, AUGUST 10, 1847 723 first fix upon a starting point either on the north or southextreme of he state, and whensuch point isagreed upon by said committee, they shall proceed to form districts, forming the same out of contigu- _ ous territory and keeping in view the principles of apportionment agreed upon by this convention, until they shall have districted "the whole state, without reference to judicial circuits or congres- " sional districts, as now constituted in this state. Mr. GREGG opposed the resolution. The committee had been engaged for some time in their labors and would be ready to report in a day or two. Moreover they had acted on the very principle contained in the resolution of the gentleman from Clin- ton. Mr. BOND was desirous to have the resolution passed. He looked in upon the operations of the districting committee last night, and he thought there was a principle followed, which he _ thought very disadvantageous to the section of the state in which his county was situated. He thought that unless this resolution was adopted it was probable that the interest of the smaller counties would be disregarded. Mr. CHURCHILL said, if the resolution was received, he would offer the following as a substitute therefor: Resolved, That this convention will not alter the number of senators and representatives as arranged at the last session of the general assembly for the next election of members of general assembly, and the districts shall remain as then fixed for the next general assembly. _ Mr. PETERS was in favor of the resolution. Mr. ARMSTRONG said the committee was going on rapidly _ with the districting of the state, and he hoped the rules would not be suspended. He could see no propriety in finding fault with the action of the committee, before it made its report or had con- cluded its labors; he could not see the utility in gentlemen throw- ing barriers in the way of the action of the committee. He hoped _ the rules would not be suspended. Mr. DAVIS of Massac was opposed to the suspension of the rules. He hoped the committee would be let alone in its opera- tions and not embarrassed in its labors. The committee had commenced according to rules contained in the resolution of the 724 ILLINOIS HISTORICAL COLLECTIONS — gentleman from Clinton. They districted the state into. sena districts under that rule; and they had undertaken the repr: ative districts twice ma had failed. They first commenced _ the north and went through the state till they reached the sot and found they had seventy-six districts. They then comme at the extreme south and went over the state till they reached t north, and they came out with seventy-eight districts. Fin how difficult it was to arrive at the number of seventy-five, - had referred to the committee-men of each circuit the distric: of their own circuits, and if the committee were left to perform their work, the districting would be done, and as satisfactorily as possible. Mr. BOND replied and urged the neceeey of his resolut in justice to the small counties. The question was taken on the suspension of the rules and convention refused to suspend—yeas 55, nays 56. i: Mr. HAYES moved to suspend the rules to enable him to offer the following resolution: WHEREAS, it is almost time that the labors of this conventt were brought to a close, and any plan of apportionment w may be adopted will occasion much delay and embarrass mel and may endanger the adoption of the new constitution, by c necting it with local questions and issues; therefore, aN Resolved, That this convention will not attempt to district t state for members of the general assembly—and that the sele committee of twenty-seven be discharged from any further ac on that subject. Mr. HARVEY agreed with the views ig in the res tion, and hoped it would be received. Mr. CALDWELL opposed the resolution. — EP would, if ceived, lead to discussion, which would consume as much > as the report of the Districting committee. Unless we distr this state the next Legislature will contain the large number representatives which we have heretofore had, and he thot that the Convention was spending money enough now, witl having that large body meet again. He was of opinion that Convention intended to have the constitution carried into ¢€ without the aid of the Legislature. TUESDAY, AUGUST 10, 1847 725 f f "Messrs. Greco and ARMSTRONG expressed similar views. The question was taken on the suspension of the rules, and the Co onvention refused to suspend. _ The Convention then resumed the consideration of the article i | relation to the Legislative Department. ce Sec. 34. The General Cen shall have no power to sus- allowed under the general laws of the land, nor to pass any law for the benefit of individuals inconsistent with the general laws of the _ land; nor to pass any law granting to any individual or individuals “tights, privileges, immunities, or exemptions, other than such as may be, by the same law, extended to any member of the com- ‘munity who may be able to bring himself within the provisions of such law; nor shall the Legislature pass any law whereby any person shall be deprived of his life, liberty, property, or franchises, without trial and judgment, in some usual and regular judicial tribunal: Provided, nothing herein contained shall prevent the _ passage of any law for seizing and holding persons or property by “mesne process, or otherwise, until such trial can be had, or for collecting taxes by distress and sale of personal property without judgment. _ Amendments thereto were offered by Messrs. WiLL1AMs and Scates, and adopted. And the question being taken by yeas and nays on the adop- tion of the section as amended, it was decided in the negative— yeas 56, nays 80. Sec. 35. In the year one thousand eight hundred and fifty- _ five, and every tenth year thereafter, an enumeration of all the _ white inhabitants of this state shall be made in such manner as shall be directed by law; and in the year eighteen hundred and fifty, and every tenth year thereafter, the census taken by au- thority of the government of the United States shall be adopted by the General Assembly as the enumeration of this state; and the number of senators and representatives shall, at the first regular session holden after the returns herein provided for are made, be apportioned among the several counties or districts to 726 be established by law, according to the number of white itants. Mr. THOMAS moved to strike out ‘‘regular,” and ““biennial;”’ and it was rejected. , Messrs. Locxwoop and Prrers offered amendments to section and they were rejected. And the section was adopted. : Sec. 36. Senatorial and representative districts shall bee col posed of contiguous territory bounded by county lines; and one senator allowed to each senatorial, and not more than tl representatives to any representative district: provided th cities and towns containing the requisite population shall be « vided i into separate districts; but the ratioof repre ae allowed to each of such districts. ee Mr. KNOWLTON moved to amend the section so as t as follows: ‘‘Senatorial and representative districts shall be composed contiguous territory, bounded by county lines; and only on ator allowed to each senatorial, and not more than three sentatives to any representative district: Provided, that c and towns containing the requisite population may, ie law, erected into separate districts.” Upon this motion, a debate ensued 1 in which Messrs. | and Pratt ad vandted the amendment, and Messrs. Titoue a Kwapp of Jersey opposed it. Mr. KNAPP moved the previous question, and Mr. KNOWLTON’S amendment was adopted. And the section, as amended, was adopted. a ; Mr. McCALLEN moved to reconsider the vote just te small counties. Mr. SINGLETON advocated the reconside eines of the He did so because he thought the section unjust. the rovdsiderarions! TUESDAY, AUGUST 10, 1847 q27 And the motion to reconsider was rejected. Sec. 37. In forming senatorial and representative districts, counties containing a population of not more than one-fourth over F 37 the existing ratio shall form separate districts, and the excess shall not be computed, but shall be added together, and given to the nearest county or counties not having a senator or represent- ative, as the case may be, which has the largest white population. Mr. SMITH of Macon moved to strike out the words ‘‘“sena- torial and,’ and insert “‘senator or.’’ Pending which, the Convention adjourned till 3 Pp. m. AFTERNOON The question pending was on the motion of Mr. Smith to amend. Messrs. CALDWELL, Hayes, McCatien and Harvey opposed the adoption of the section, and Messrs. Bonp and Harp1nc sup- ported it. When this section was before the committee of the whole it was fully discussed, and the debate thereon was fully reported; the debate to-day turned upon the same points then argued. The question was taken on the amendment, and it was re- jected. Mr. THOMAS moved to amend the section, by striking out the words ‘‘not be computed, but shall be added together, and,” and the same was adopted. Mr. WHITESIDE moved to amend the section by adding thereto: “‘ Provided, that each senatorial district shall have not less than three representatives, which district may be sub-divided for representative districts.” And the same was rejected. Mr. DEITZ moved to amend the section by striking out the words “‘which has the largest white population,” and insert in lieu thereof, “‘including such excess would be entitled to a yn Se ee member.’ Rejected. The section was adopted as follows—yeas 85, nays 52. Sec. 37. In forming senatorial and representative districts, counties containing a population of not more than one-fourth over the existing ratio shall form separate districts, and the excess ator or representative, as the case may be, van ra the lar white population. Section thirty-eight was read. 7 Mr. Epwarps of Sangamon and Mr. Harvey offered amend- ments thereto; which were adopted, and the section read thus: — Sec. 38. Each General Assembly shall provide for all appropriations necessary for the ordinary contingent expense: the government, until the adjournment of the next regular sessi the aggregate amount of which shall not be increased withou vote of two-thirds of each house, nor exceed the amount of reve: authorized by law to be raised in such time: Provided, the state may, to meet casual deficits or failures in revenues, contract debts, never to exceed in the aggregate fifty thousand dollars; and the moneys thus borrowed shall be applied to the purpose which they were obtained, or to repay the debt thus made, a tono other purpose; and no debt for any other purpose, excep repel invasion, suppress insurrection, or defend the state in we for payment of which the faith of the state shall be pledged, s shall be made, at the time, for the payment of the interest an ally, as it shall accrue, by a tax to be levied for the purpose. ment of such interest by such law shall be irrepealable until s debts be paid: Provided, further, that the law levying the tz shall be submitted to the people with the law sail the ca tracting of the debt. Mr. WITT moved to strike out the words ‘ which he ro: viding for the payment of such interests, by such tax, shall be irr pealable, until such debt shall be paid;’’ and the same, A yeas nays, was rejected—yeas 25, nays 106. Ut Mr. SMITH of Macon moved to add to the section: “* p vided that no act of the Legislature shall be referred to the Gov- TUESDAY, AUGUST 10, 1847 729 _ ernor for his approval which, under the provisions of this section, " is to be submitted to the people;” which was rejected. The thirty-eighth section was then adopted, as above. ) Sec. 39. The credit of the state shall not, in any manner, be _ given to or in aid of any individual association, or corporation. Mr. MARKLEY moved to add thereto, the following: _ “‘Nor shall the Legislature have power, in any manner, directly or indirectly, to pass any law or‘ laws conferring a monopoly or _ monopolies on any person or persons within this state.’’ Mr. CALDWELL moved to substitute therefor, the following: , “The General Assembly shall be forever prohibited from pass- _ing any private, special or general law renewing, extending, or in _ any wise creating or authorizing the exercise of banking powers _ or privileges within this state: Provided, that the foregoing clause _ be submitted, as a separate section, to the people at the election, held for the adoption of this constitution, and so on for every ten _ years thereafter, and when the same shall be adopted by a majority _ of the votes cast for and against it, then such clause, as a separate : section, shall become a part of this constitution and supersede all - _ other provisions herein to the contrary, subject to be submitted and voted on, as above prescribed.’’ . Mr. EDWARDS of Sangamon raised a point of order. Could _ this proposition be again offered to the Convention, it having _ been voted down yesterday? The PRESIDENT said, the proposition as it now Eo ne has never been offered, and was in order. Mr. CROSS of Winnebago moved to lay the amendment and _ the substitute on the table. me Mr. CALDWELL demanded the yeas and nays, and they _ were ordered. The subject was laid on table—yeas 81, nays 53. _ Mr. WHITESIDE moved to amend the section. Pending which the Convention adjourned. LI]. WEDNESDAY, AUGUST 11, 1847 Mr. CRAIN from the committee on Miscellaneous Subject ts and Questions, to which had been referred petitions praying constitutional provision exempting from sale by judgment a1 execution the homestead of each family, made a report on t subject; which was read, laid on the table and ordered to be printed. a Mr. HAYES from the committee on Law Reform, reported the convention an article on the subject; which was read, laid ot the table and two hundred and fifty copies ordered to be printe Mr. CALDWELL moved to suspend the rules to enable cer. tain reasons, in writing, in the shape of argument in support o the report just made, to be presented and printed. He thoug this would be found to be the most economical mode of presenti: the question. In case this was denied the friends of law refor would be obliged to support it in speeches here, which would | found more expensive than the printing would be. Mr. EDWARDS of Sangamon objected. It would beg lation of the rules, and one which he would not consent to in any case. the aNoteaee of the subject of Law Reform should a cufficie cause for a suspension of the rules. The question was taken and the convention refused t to suspe the rules. Mr. MOFFETT moved the rules be suspended to ‘ehable to introduce a resolution that the afternoon sessions of the co vention shall commence at 2 p. m., and the convention i a to suspend. i, The convention resumed the consideration of the subject before it yesterday. fg The question pending was the amendment of Mr. WarrestpE_ to the 39th section. : Mr. WHITESIDE modified his amendment to read as follow: 73° ~ WEDNESDAY, AUGUST 11, 1847 731 ““And each county in the state, which has not a representative by apportionment, shall be entitled to one in the most numerous branch of the legislature: Provided, that such county will elect and pay such representative: And provided, further, that if any county shall elect a representative according to the foregoing pro- vision, then such county shall not be entitled to vote for a repre- sentative, with any other county, under the apportionment made by law, at the same election.’’ The question was taken on the amendment, by yeas and nays, and was rejected—yeas 22, nays IIS. Sec. 40. The legislature shall provide by law that the fuel and stationery furnished for the use of the state; the copying, printing, binding and distributing the laws and journals, and all other printing ordered by the general assembly shall be let, by contract, to the lowest responsible bidder, and that no member of the general assembly, or other officer of the state, shall be inter- ested either directly or indirectly in any such contract: Pro- vided, that the general assembly may fix a maximum price. Mr. BROCKMAN moved to strike out all in relation to print- ing, and insert: “There shall be elected by the qualified voters of this state, a public printer, who shall hold his office for the term of two years, and whose compensation shall be fees to be fixed by law.”’ Mr. B. said he was in favor of having all the officers elective, and chosen from the citizens of Illinois. The office of a public printer was an important one, he is the publisher of our laws, and should be a citizen and resident of thestate, where he could be held responsible by the people for a breach of his duty. If the printing were to be given out to the lowest bidder, any person— whether a citizen of Indiana, or St. Louis, may become the printer of the state, and would lead not only to much inconvenience, but that officer might be where he would be beyond any responsibility to the people. His fees could be fixed by law, as were those of a sheriff, and the people then could understand the whole subject, and know what the officer received. He opposed the system of letting the printing out by contract, because it always led to col- _ lusion and combination on the part of the bidders. Such was the result in all such cases. He considered the duties to be per- 732 ILLINOIS HISTORICAL COLLECTIONS formed by the printer required that he should be a state offi er and as such ought to be elected by the people. The question was taken on the amendment and 1 it was rejecte The section was then adopted. ee Mr. WILLIAMS offered the following as an additional section: “The general assembly shall have no power to pass any la whereby any person shall be deprived of life, liberty, property franchises, without trial, judgment, or decree in some usual ai regular judicial tribunal: Provided, that revenue, taxes, and assessments, may be collected, and private property may be take n _and applied to public use, and persons and property shall be su ject to arrest and seizure, for purposes of trial, judgment, decrees, and persons may be punished for contempts by such trib nals and such manner as the general assembly, by general ai uniform laws, may provide: And provided further, that purchase of land sold without judgment for taxes, asserting title by virtue of such purchase as against the title of the original owner or pers 1 claiming title or possession under such owner, shall be requir to prove, in order to sustain the title asserted as aforesaid, th the land when sold was liable for taxes, that the same was 7 and sold conformably to law.’’ Mr. SCATES opposed the section for several reasons. He thought that the bill of rights was the proper place in which the life, liberty and property should be secured. Such had been th course adopted by the constitutions of every state in the Unio such had been the case in our former constitution, and he cou see no reason to depart from it. He wanted the trial by jury be secured permanently in another part of the constitution. | looked upon the amendment proposed by the member fr Adams as interfering with the right to arrest fugitive slaves. Mq moved to strike out the words ‘“‘life and liberty’’ and then could be tested upon its taxable features. Mr. WILLIAMS said the section had nothing to do wwithid titles; nor did it interfere in any way with the right to arr fugitive slaves. The latter was secured by the constitution the United States, and no provision in our laws could change the question. 4 y Mr. HARVEY opposed the section. He wanted no change WEDNESDAY, AUGUST 11, 1847 733 the language of the bill of rights. The present constitution se- "cured every man life, liberty and property, and the provision was _a translation of the great magna charta. It was well understood, _ had been interpreted, its meaning frequently expounded and its construction firmly established. Why change it? The same _ language was in the constitution of the United States, and of all the states; why should we change it to meet the desires of the gentleman from Adams. It appeared to him that it did strike - at tax titles. It requires a fria/ and judgment before execution and sale. How can we have a trial in the case of a non-resident . p landowner, who owes taxes? Trial requires that the party should _ be summoned, and how can we summon them? He looked upon the section as releasing non-residents entirely from the payment of taxes. - Mr. THOMAS was in favor of the section. He had some- thing to do with its preparation and considered it as not inter- fering with tax titles other than the additional requirements of notice, &c. _ Mr. ANDERSON moved the previous question; which was not ordered. _ Mr. SINGLETON was in favor of the section in its present _ shape. He was, when the question was before them in committee i. ; of the whole, of the same opinion as the gentleman from Knox, but his objections had been obviated by the present language of _ the amendment. cj Mr. LOCKWOOD thought the Bill of Rights, with the old _ provision in it, would be found sufficient protection to the citizen inhis life, property and liberty. He would vote against the whole "section, and at the proper time would move to strike out that por- tion in relation to tax titles. We had already made ample pro- visions to protect the landholder from surprise and fraud, and if Mr. SCATES withdrew his amendment. Mr. LOCKWOOD moved to strike out all in relation to The question was then taken on the adoption of the section, and it was rejected—yeas 65, nays 66. Mr. ROBBINS offered, as an additional section, the following: 734 ILLINOIS HISTORICAL COLLECTIONS ‘‘The General Assembly shall have no power to alter or amend any bank charter while the same may be in force in this sta nor shall any act passed by the General Assembly for the purpose of creating a bank, be submitted to the people for their ratificatior or rejection, until the same shall have been published, for least six consecutive weeks, in the public newspaper printed the seat of government of this state. 4 Mr. SINGLETON moved to strike out all after the val ““rejection.’ a . The yeas and nays were ordered and taken, and resulted- = yeas 6, nays 108. . % Mr. HURLBUT moved to lay the section on the bates on which the yeas and nays were ordered, and resulted yeas 90, n 40. . iY Mr. PETERS offered an additional section; which was lost. — Mr. THOMAS moved to lay the article on the table for present; which motion was carried. . And then, on motion, the Convention adjourned till 3 p. Ma AFTERNOON Mr. TURNBULL moved to take up the report of ee co! mittee on the Executive Department, as amended in commit : of the whole. . Mr. DEMENT moved to take up the reports from ay Judi clary committee. And the Convention decided to take up the senor on | Executive Department, section by section. Section one was read and adopted. Sec. 1. The executive power shall be vested in a Governor. Sec. 2. The first election of Governor shall be held on the Tuesday next after the first Monday of November, A. D. 18 and the next election shall be held on the Tuesday next after the first Monday of November, A. D. 1852; and,thereafter, elect for Governor shall be held once in four years, on the Tuesd: next after the first Monday of November. The Governor sl be chosen by the electors of the members of the General Assembl at the same places and in the same manner that they shall resp tively vote for members thereof. . The returns for every election f - WEDNESDAY, AUGUST 11, 1847 735 ‘Governor shall be sealed up, and transmitted to the seat of govern- ment by the returning officers, directed to the Speaker of the douse of Representatives, who shall open and publish them in the ce of a majority of the members of each house of the Gen- eral Assembly. The person having the highest number of votes - shall be Governor; but if two or more be equal and highest in _ yotes, then one of them shall be chosen Governor by joint ballot of both houses of the General Assembly. Contested elections _ shall be determined by both houses of the General Assembly in 4 such manner as shall be prescribed by law. “Mr. GREGG moved to strike out ‘‘1848,” and insert ‘‘1850;’’ _ to strike out ‘‘1852,’’ and insert ‘‘1854.’” __ Mr. G. made this motion because the adoption of the section in its present shape, put the present Governor out of office before the expiration of his term. He thought there was a manifest pro- " priety in his amendment. No one had ever complained of Gov. i French, and there was no justice in saying that he, of all the gov- is ernors of this state, should be cut down in his term. fs Mr. DAVIS of McLean replied that there was no force in the _ argument. Our judges, who were appointed for life, are to be _ put out of office as soon as this constitution is adopted. He could _ see no implied or expressed censure of Governor French in this _ act. We were laying the foundation of government anew, and all our officers should commence with it. a The question was taken by yeas and nays on the amendment, and it was rejected—yeas 39, nays 94. ny And the section was then adopted. 4 Sec. 3. The first Governor shall enter upon the duties of his ‘ office on the second Monday of January, A. D. 1849, and shall hold his office until the second Monday of January, A. D. 1853, and : until another Governor shall be elected and qualified to office; “4 and forever after, the Governor shall hold his office for the term _ of four years, and until another Governor shall be elected and - qualified; but he shall not be eligible for more than four years in _ any term of eight years, nor to any other office until after the ex- _ piration of his term for which he was elected. ei Sec. 4. No person except a citizen of the United States shall _ be eligible to the office of Governor; neither shall any person be 736 ILLINOIS HISTORICAL COLLECTIONS eligible to that office who shall not have attained to the age thirty-five years, and been ten years a resident within this st [and have been a citizen of the United States fourteen years]. The question was first taken, by yeas and nays, on agreeing with the words in brackets, and resulted—yeas 70, nays 68... jam And then the section was adopted. . Sec. 5. The Governor shall reside at the seat of, government = and receive for his salary the sum of twelve hundred and fifty dollars per annum, which shall not be increased nor diminish and he shall not, during the time for which he shall have bee elected such Governor, receive any other emolument from tk United States, or any of them. - By Mr. POWERS moved to strike out “$1250,” and insert ““$1500.”’ P. Mr. SHUMWAY moved to strike out, and insert “$1000. 7 The question was first taken on striking out, and carried yeas 70, nays 60. Ay And then on inserting $1500, and decided in the affirmative— yeas 73, nays 66. a : Mr. DEITZ moved to insert, after ‘“‘governor:’’ shall also be ex officio fund commissioner;”’ and it was rejecte yeas 24, nays 114. The section was then adopted. The one: sections were adopted: the duties appertaining to the office of Governor of the State Illinois; and will, to the best of my ability, preserve, protect, an defend the constitution of this state; and will, also, support t constitution of the United States.”’ i‘ Sec. 7. He shall, from time to time, give the General Ascoul information of the state of the government, and recommend their consideration such measures as he shall deem expedient. - Sec. 8. The Governor shall have power to grant reprievi commutations, and pardons, after conviction, for all offenc except treason and cases of impeachment, upon such conditic and with such restrictions and limitations as he may think prop WEDNESDAY, AUGUST 11, 1847 737 subject to such regulations as may be provided by law relative _ to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sen- “tence until the case shall be reported to the General Assembly at its next meeting; when the General Assembly shall either pardon _ the convict or commute the sentence, direct the execution of the _ sentence, or grant a further reprieve. He shall, biennially, com- municate to the General Assembly each case of reprieve, commu- tation or pardon granted; stating the name of the convict, the crime for which he was convicted, the sentence and its date, and the date of commutation, pardon, or reprieve. Sec. 9. He may require information in writing from the offi- ‘cers in the Executive Department, upon any subject relating to the duties of their respective offices, and shall take care that the laws be faithfully executed. 4 Sec. 10. He may, on extraordinary occasions, convene the _ General Assembly by proclamation, and shall state to them, in said proclamation, the purpose for which they are to convene; _ and the General Assembly shall enter on no legislative business _ except that for which they were especially called together. . Sec. 11. He shall be commander-in-chief of the army and navy of this state, and of the militia, except when they shall be eallcd into the service of the United States. - Sec. 12. In case of disagreement between the two houses with respect to the time of adjournment, the Governor shall have ever to adjourn the General Assembly to such time as he thinks _ Proper; provided it be not to a period beyond the next constitu- ® ‘tional meeting of the same. Sec. 13. A Lieutenant Governor shall be chosen at every election of Governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting r Governor and Lieutenant Governor, the electors shall dis- _ tinguish whom they vote for as Governor and whom as Lieuten- _ ant Governor. Sec. 14. The Lieutenant Governor shall, by virtue of his office, be speaker of the Senate; have a right, when in committee f the whole, to debate and vote on all subjects, and, whenever ... Senate are equally divided, to give the casting vote. of the Senate, the senators shall elect one of ane own snember speaker for that occasion; and if, during the vacancy of the of of Governor, the Lieutenant Governor shall “be eapeeaal moved from office, refuse to qualify, or resign, or die, or be ab from the state, the speaker of the Be shall in vite ma administer the government. Sec. 16. The Lieutenant Governor, wie he acts as spe of the Senate, shall receive for his service the same comp tion which shall, for the same period, be allowed to the ae the House of Representatives, and no more. Sec. 17. If the Lieutenant Governor shall be called upon | administer the government, and shall, while in such administ tion, resign, die, or be absent from the state, during the recess the General Assembly, it shall be the duty of the Secretary of St for the time being to convene the Senate for the purpose of cho ing a speaker. Sec. 18. In case of the ‘ipeacheteee of the Governor absence from the State, or inability to discharge the duties of office, the powers, duties and emoluments of the office shall deve va upon the Lieutenant Governor; and in case of his dea nation, or removal, then upon ‘the speaker of the Senate for time being, until the Governor, absent or impeached, shall ret or be acquitted; or until the disqualification or inab cease; or until a new Governor shall be elected and qualif Sec. 19. In case of a vacancy in the office of Governor, other cause than those herein enumerated; or in case of t of the Governor elect before he is qualified into office, the duties, and emoluments of the office shall devolve upon tenant Governor, or speaker of the Senate, as above pro until a new Governor be elected and qualified. ‘ Section twenty was then taken up. as: Sec. 20. Every bill which shall have passed the Sen: House of Representatives shall, before it becomes a law, be sented to the Governor: if he approve, he shall sign it; but if shall have originated; who shall enter the objections at_ oh _ WEDNESDAY, AUGUST 11, 1847 739 ration, three-fifths of the members elected shall agree to pass bill, it shall be sent, together with the objections, to the other ; by which it shall likewise be reconsidered; and if approved ee-fifths of the members elected, it shall become a law, not- hstanding the objections of the Governor. But in all such , the votes of both houses shall be determined by yeas and ays, and the names of the members voting for and against the i shall be entered on the journal of each house, respectively. iny bill shall not be returned by the Governor within ten days— indays excepted—after it shall have been presented _ to him, the Legislature shall, by their adjournment, prevent its of the meeting of the General Assembly after the expiration of | ten days, or be a law. The yeas and nays were demanded on the motion, and re- lted—yeas 71, nays 67. The question was then taken, by yeas and nays, on the adoption of the section, and it resulted yeas 74, nays 65. _ Sec. 21. Each Governor shall nominate and, by and with the idvice of the Senate, appoint a Secretary of State, whose term of office shall expire with the office of the Governor, by whom he | have been nominated, and who shall hold his office until his he official acts of the Governor, and, when required, shall lay same and all papers, minutes, and vouchers relative thereto, fore either branch of the General Assembly; and shall perform | other duties as shall be assigned him by law, and who shall ‘ive a salary of eight hundred dollars per annum, and no more, ept fees; Provided, the Governor shall have power to remove @ secretary, when in his judgment the public good shall require and to appoint another. PSI TT ONT Sees ee REE ORT LEE me te ee “ “e . : journal, and proceed to reconsider it. If, after such recon- rn; in which case, the said bill shall be returned on the first essor is appointed and qualified; who shall keep a fair register ap AT 5. , 740 ILLINOIS HISTORICAL Mr. VANCE moved to add to the. elected, &c., all the clerks required in is auditor, and secretary of State.’ 2, Pending which, the Convention a LIII. THURSDAY, AUGUST 12, 1847 _ The question pending at the adjournment yesterday, was on he amendment of Mr. Vance. . Mr. SMITH of Macon moved to lay it on the table; which s decided in the affirmative. “Mr. PRATT moved to strike out the section and insert the my J =. a “There shall be elected by the qualified electors of the state, at the same time of the election for governor, a secretary of state, e term of office shall be the same as that of the governor, who a Il keep a fair register of the official acts of the governor, d when required, shall lay the same and all papers, minutes and achers relative thereto, before either branch of the General sembly, and shall perform such other duties as shall be assigned uim by law, and shall receive a salary of $800 per annum, and no ore, except fees; provided, that if the office of secretary of state ald be vacated by death, resignation or otherwise, it shall be duty of the governor to appoint another, who shall hold his office until another secretary shall be elected and qualified.’’ The substitute was adopted, and the section as amended was Iso adopted. Sections 22 and 23 were read and adopted. - Sec. 22. All grants and commissions shall be sealed with the reat seal [of state,] signed by the governor or person administer- ‘the government, and countersigned by the secretary of state. _ Sec. 23. The governor and all other civil officers under this ate shall be liable to impeachment for misdemeanor in office, ing their continuance in office, and for two years thereafter. Mr. SHUMWAY moved to reconsider the vote by which ection 20 was adopted, with a view to restore the veto power ts former force, which was not agreed to—yeas 68, nays 73. _ Mr. SCATES moved to reconsider the vote adopting section 2, with a view of fixing the time of the election of the next gover- 741 wing: 742 nor ata beriod that would enable the needs governo his term of office. i Messrs. Lockwoop, Davis of Montgomery, Caxp Wuitney, Sincteton and Hayes opposed the motion, Messt ScaTEs and Pratr advocated it, and the Convention refuse reconsider the vote—yeas 42, nays IOI. Mr. WITT moved to reconsider the vote on vention 5, i tion to the salary of the governor, and the diy refu reconsider—yeas 64, nays 76. Scans offered a substitute; and both of whittle Mr. Z. moved to lay on the table, and the Convention so decided: 66, nays 53. Mr. SERVANT moved the article be referred to the comr it on Revision, &c. to anaes a rule that members shall not be idicieedl toc round the secretary’s desk during the taking of the yeas ane The Convention refused to suspend the a THE JUDICIARY Messrs. ConsTaBLE, DEMENT, SINGLETON, Epwarps of \ Rountree, Z. Casey and the PRESIDENT ae resulted in Oe ea v3 rehbtted by himself, for the report of the nolan Mr. CALDWELL hoped the motion would not i si9 courts. Se Mr. SCATES Eee a to the gentleman from ies to his motion so as to substitute his report for the first twelve and the last four sections. Mr. DEMENT did so modify his motion. THURSDAY, AUGUST 12, 1847 743 _Mr. SCATES addressed the Convention in favor of the motion, 2 din support of the election of the supreme court by general ti ket, in opposition to their choice by three grand divisions. _ Mr. WILLIAMS said, that the judiciary was the most im- portant department of the government. It had a jurisdiction ; the life, liberty and property of individuals, and therefore its importance. It becomes us then to particularly inquire into the best mode of selecting the judges. He was in favor of the dis- trict system. A judge was elected in each district; and the people “of each district had the choice of one judge, and were therefore fully represented on the bench. The same argument against the di listrict system would apply to the Legislature. A member of | that body assisted in passing laws for the whole state and for the wh hole people, and would any one contend that because he did so, that he should be chosen by the whole people? Because he acted os i part in making laws to govern people in the other parts of the state, should he be elected by the whole people? He thought di ifferently. He considered, that as the people by the choice of “representatives by districts were represented in the legislature, so would the interests and the people of the respective districts be as fairly represented by having the judges elected in such districts. 4 Paeain, he had come to the conclusion that under the present state q of affairs in Illinois, the best mode of selecting judges was by leav- ' ing them to be chosen by the people; and as a great auxiliary i to the people in choosing them, he thought the district ystem should be adopted; because that they would be more likely ‘and more certainly have a better knowledge and acquaintance " with the candidates for the office. This alone was a sufficient reason why he should vote for the district system. It had been said here that men could be chosen for the office in the district who ‘could not be elected by the whole people. This was, to him, an “argument in favor of the district system. It showed that the p: people, when they knew the man, were acquainted with his quali- fications, &c., would rise above party considerations and elect - im. He ee asial the time when the election of our judiciary should be based upon party principles. He would regret the day . ‘when a man’s recommendation for the office ofa supreme judge was : based upon his party feelings and sentiments. A man nominated vag i on noother ground than that of his politics, and thus a man might be rejected by the whole people who did not know him, on accoul and who knew his abilities and qualifications, would elect hie they alone had the choice. He considered the district system t best in securing a pure, able and competent bench. pe eeleiiee from Jefferson, ke the effect, that one of the eaciver of the committee of 27 on the Judiciary had said, that the report of the majority proposed one of the must unfit and inefficie systems that could be devised. No such remark had been mai in committee by any one of the majority. It was the gentlem from Fulton who was not now present (Mr. Wead,) who ma the remark alluded to by the gentleman from Jefferson, or remar in their nature and tendency very similar. The remarks whi he had made concerning the report, and his objections to it were very different. It is true, continued Mr. Minshall, that about the time the vote was taken in committee, as most of the members voting for the majority report had committed themselves to the support of the report in the convention, on the ground that they regarded it as a compromise, by their votes and remarks; and I differed entirely with the committee in regard to the comp: mise, and entertained objections to two of the sections in tl majority report, viz: the third and sixth sections; and third sv rendering the power to the legislature of changing at any tit they might choose the organization of the court by changing the mode of election to general ticket, or from general ticket to di tricting, as the different parties might prevail in the legislatu the sixth section giving the legislature power over the sittings the supreme court, to require them to hold their terms at thr places, with power to alter and change them, either to the extent 88 This speech by Minshall is taken from the Sagamo Journal, August 2: THURSDAY, AUGUST 12, 1847 745 of requiring a term to be held in each judicial circuit or to reduce it to one single place, that being the seat of government. This power I thought, and still think, puts the supreme court completely “under the control of the legislature; a position, in my mind of all others, which we should most avoid in forming the judiciary department. The judiciary, particularly the supreme court, being _ a co-ordinate branch and one, which from the nature of our insti- _ tutions, would be most like to come in contact with the legislature _ when called upon to give construction to their legislative action, _ in view of all constitutional questions, was of all others, most necessary to be removed far from legislative control or influence, _ and should in no manner be accountable to, or under the influence “of the legislature other than by the general provisions holding them accountable to the people through their representative, for a faithful discharge of their duties, and for misdemeanor or mis- conduct in office. Entertaining these views, I conceived that I could under no circumstance surrender them, and could not re- gard it in the nature of acompromise. But rather than be looked upon as an impracticable, voted for the report of the majority to enable them to make their report as a basis for action in the con- vention, but at the same time distinctly stating that in so doing, I should not be considered as committed to the whole report, and reserving to myself the right, that if the minority or any one else produced a report that better accorded with my judgment and views, I should certainly give it my support in preference. If, then, I am the person alluded to by the gentleman from Jefferson, he is mistaken. It was the gentleman from Fulton, who _ was one of the majority, and appeared to be generally dissatisfied _ with the report, and more particularly with the county court “system in which he had figured conspicuously,—which, no doubt, _ will be remembered by other gentlemen of the committee. The most that I said at the time was, that I would not commit myself _ to the support of the whole of the report. My objection, however, will be seen not to be against the districting system;—for that has _been my favorite plan from the commencement,—but because it _ did not give that system in full and perfectly free from legislative "interference hereafter. In regard to the rest of the report, except _ these two sections, I concurred with the committee, and do now. at iY 746 ILLINOIS HISTORICAL COLL. While up for the purpose of this explaaeeenn in regard z reason why I prefer the district to any other system of times, I can state them in a very few words (although I under great terror, and perhaps unnecessary fear of the ab: nable fifteen minute rule, and norepiy.) I have differed for son time with most of my political friends in regard to the election judges. In the first place I look upon the office of judge as a gether different from most offices. The nature of the ide such that the judge who is desirous even for re-election, can « secure that result by a faithful performance of his duty. He to perform his high trust openly before the public in the preset of all that choose to assemble in the courts. The matters in ha concerning all the public, and particularly the parties immedia interested on trial, within the keen sight of the parties, the still more sharpened vision of lawyers of the parties, and t general interest of the bar—how can the judge dare to show favoritism for the one party or the other for the sake of pop ity? Would not all he gained from the favored party, be mo than counterbalanced by the loss of the other, and still mor the general indignation that would be excited in the whole co munity, of all parties, at such conduct? Could the judge possi escape detection? Certainly not. Why should the judges supreme court be elected in districts? Because, in adoptin sf elective system, we are departing from an old established syster that of appointment during good behavior. We cannot rely appointment for a term of years unless we render the incumb : ineligible to re-appointment; because if liable to re-appointm it inclines the judge to look too much to the governor as t source and fountain of power, and therefore is likely to creat much dependence on that quarter. We cannot agree on a long enough to render the judges ineligible after one term. mendation altogether foreign to the old times, and beim little regard to the general welfare. I have been inclinec depart from this system for some years back, and I hold it Oi system, which may have been antiquated or is subject to con. THURSDAY, AUGUST 72, 1847 747 districts, because it gives the people a better opportunity of ‘exercising a correct judgment in their choice. If you will give them a fair chance to know something of the man they are to vote _ for, something of his qualities, his legal attainments, his integrity, iS his independence, and of all that makes up the fitness for the ~ station, I feel confident the district plan affords to the voter most opportunity for this. It brings the voter and the voted for nearer _ together; affords men means of acquaintance, and if trusting to the integrity and good intention of the people this means of at "selecting their judges is adopted, it is reasonable to suppose they will select the very best from one party or the other to perform i. the high functions of this office. A As to the position taken by the gentleman from Jefferson, : ' that the court is to be regarded in the light of a representative _ body—if it is meant to assume that the court is to be so regarded, I do not agree with him. It is insisted by those who take that position that the judge will not represent all the State, or in other _ words that one-third of the State will make a judge for the other _ two, and that the judge will have the power to decide for persons _ that have no voice in electing him; and that therefore as the * supreme court are the judges for the whole State, the whole State _ should vote for them. This argument is more specious than sound. _ Tf gentlemen will have the court a representative body, which _ may be conceded for the sake of argument merely, the argument _ proves nothing, for by reference to the manner of constituting _ the truly representative branch in the government, the House of aor E The Representatives and Senators, it must be admitted, in th all matters of general concern, and in the enactment of general _ laws for the whole community, are the representatives and sena- tors for the whole State, yet they are elected from counties and _ Single districts. But really the objection that the judges _ will have to decide for voters of a district who may not have voted for 748 ILLINOIS HISTORICAL ie recommendations. These are some of the reasons why I have adhered with tenac -ity to the districting system in the election of supreme judges and another may be named in departing from eld and settled — usages and systems in matters of such moment when the mind is satisfied with reasons for the change owing to the mutability — and uncertainty of all things pertaining to society, governments, and _ their transition from one form to another. We feel more safety in having a precedent before us. In adhering to the district plan we will have followed the example that has been set us by the State of Mississippi, and which we have followed in adopting the elective judiciary, and we have abundant evidence before us tha a in that State the system has worked well. If the precedent is good in part, the reasons for it would also seem to assure us that — it is good throughout. Let us then try it in its true spirit and see ~ if the system if followed out will not work as well in this State as in that.] Ae Mr. DAVIS of Massac begged the attention of the Convention for a few moments, while he expressed a few words in relation t the reports before the Convention. The argument advance now, and when the subject was before them on a previous occasion, ~ in favor of the election of the judges of the supreme court, was, 4 that they should be elected by the whole people, if they were to be elected at all. For this view, for this system of an election — of the judiciary by general ticket, there was no precedent to ~ be found in the Union. Not a single precedent could be foun to support it. The only two states that we can look to as pre edents for an elective judiciary are the states of Mississippi and New York under her new constitution. But, sir, in the state Mississippi they had wisely provided against the election of th supreme court by general ticket; they had carefully avoided that evil. They had divided the state into three districts, and one of the judges was elected from each district. The experience of tht people of that state under this provision has been shown to us in © the debate on this question at a former day. Mr. D. read the © provision in the Mississippi constitution upon the subject. Nor *h ig y <3 ¥. athsleaal THURSDAY, AUGUST 12, 1847 749 said he, is the state of New York any precedent in favor of this “general ticket system. What does it provide? It does not pro- _ vide for the election of the whole court of appeals—the court of final resort—by general ticket.. They have provided that that - court shall be composed of four judges to be elected by general ticket, and four to be chosen by the qualified electors in separate districts. Then, sir, the gentlemen have no grounds to sustain this principle upon; they having nothing here or elsewhere to support them. There is no ground in the state of feeling on the subject in Illinois to sustain them. But on the contrary, there is reason to believe that no such system as they propose should be adopted. There is good ground for us to believe that the people of the state of Mississippi, when they adopted this district plan, were actuated by an apprehension that if the court were elected by the whole people, it would become an engine of tyranny and an instrument of despotism. Mr. D. read an extract from the constitution of the state of New York, to show that the court of appeals—the court of final resort, was to be composed of the four judges to be elected by general ticket, and of others to be chosen in districts. These judges, sir, who make up this court are to be chosen by the voters of the state in their respective districts, not by general ticket. Where, then, is the precedent for this system? Where the precedent for the election of a tribunal of last resort by the general ticket system? Nowhere. Not ina single state of the Union can it be found. Nota single precedent for this proposition can be found in the whole United States. It is therefore an experi- ment. The whole plan of an elective judiciary is an experiment, but are we to be launched upon the sea of experiment with no light of experience to guide us? He hoped not. If the Convention substituted the report of the gentleman from Lee for that of the majority of the committee, then, sir, all responsibility on the part of the judges to the people was gone, forever gone. The judges would look not to the people for support, not to them for confidence, but to the party leaders of the day. They would not feel the responsibility which would attach were he _ obliged to look to the people of his own district to sustain him, and were they alone to judge of his conduct. What is the difference between the two reports? The majority report says the state 460 ILLINOIS HISTORICAL COLLEC shall be divided into three grand divisions, as nearly: equal. ir be, and the qualified electors of each division shall elect one of said judges for the term of nine years; provided, that after first election of said judges, the legislature may have the power provide by law for their election by the whole state or by divisiot as it may deem most expedient. The minority report says, state shall be divided into three districts, as nearly equal in pop- ulation as may be, and the qualified electors of the state shall elec the three judges, one of whom shall reside in each district. _ would be perceived that under the majority report, the legislatu had the power after the first election, in case it was found ‘ operate badly, to change the system to the general ticket plai But inthe minority report no such power was given. It was fixe permanently and positively; if found to act badly, there was no power given to change or alter it. Under the former, if such aca should ever arise, that the legal talent of the state should — gathered at one section, then the legislature may have the pow to provide for a change from the district system; but under minority report, they must come one from each district, and cannot be changed or altered, and the only object which can secured is, that they shall be elected by the whole people—t general ticket. Their whole argument is swept away. Weh no precedent any where for what they propose, and are we pared to adopt it? There are, however, precedents for the . trict plan. We have the experience of the two states, Mississi and New York, both of whom have adopted it. Shall we di regard them? Are we not to look at the lamp of experience bi ing at our feet, and venture upon an untried experiment, whic before his God, he considered the most mischievous and mo fraught with evil, ruin, and disaster to the rights and liberties the people that could be presented. He hoped the amendr would not be adopted. Much time had already been cons in the discussion of this subject, and he did not desire to deta the Convention. But he sincerely hoped that the Conve would retain the district provision to establish a supreme a court of final resort, that will give general satisfaction, which may be looked up to with pride. * Mr. DEMENT was sorry to take up the time of the Co THURSDAY, AUGUST 12, 1847 751 “two gentlemen, from Adams and from Massac. Nor had ‘come to the conclusions embodied in that report without full beration, and consideration of the subject, as is assumed by e gentleman from Massac. Sir, is there nothing in which the _ two reports differ, but that of the mode of electing the judges? > thought there were several points in which the reports differed, id those differences were sufficient to induce him to vote for le minority report, in preference to that of the majority. He d, on a former occasion, expressed his sentiments on all the _ points involved in the question of the judiciary, and would now confine himself entirely to the question of those two reports, and touch upon some of the points alluded to by the gentleman from Massac. He speaks of an apparent inconsistency in the minority eport, which confines the selection of the judges of the supreme ourt to the districts, and his argument was based upon the danger ‘the possibility that all the legal talent of the state might be ound to be in one section of the state. Such an argument needs “no reply, and Mr. D. would not detain the Convention by SHOWane s fallacy. Mr. DAVIS said, that he had never said there was any danger “of such a thing as the whole legal talent being concentrated in one section of the state. He had alluded to it merely to show the in possibility, under the minority report, of changing the mode of election to meet the changes that may take place in the condition and circumstances of the people. Mr. DEMENT said, he had given way for an Leplanedon =! rt a speech—and he had not attributed to the gentleman any ch remark [as] that he complained of, when he did, it was time for _ the gentleman to complain. But it was urged by the member _ from Massac so tenaciously, it was nothing more than a fair con- sion, that he look upon the probability of such a thing as an gument. If not, why did he urge it? The gentleman objects the provision, and cites the majority report as a better system also, their election to the three districts. This is his nae to be a fixed rule until after the first election. The charact integrity and ability of the court are to be decided by the vo of one district—by a majority of one-third of the state—by little more than one-sixth of the people, and this is the place p posed to give the people the election of the judiciary. Again, t proposition of the gentleman divides the state not into thi divisions as regards population, but in respect to territory, whe by one division, with a small fraction of population, may have decision of the character, &c., of the court. The minority rep is different, it proposes these divisions to be laid off with resp to population. Another difference in the report; the minority propose a different term of office—six years. When the matte was before us before, the Convention, by a large majority, fi: the term of office at six years, and the minority have followed th decision. The majority, however, have set this aside, have the expressed will of the majority of the Convention shall not law, and have fixed in their report the term at nine years. - was also opposed to leaving this great power of panies judiciary, with the Legislature. He wanted to have it fixed, p manently and firmly fixed in the constitution, and the departm left wholly independent of the Legislature. Another reason w he opposed the majority report, was that a majority of this C the committee have come into the Convention, with the term fix at one place in each of the three divisions, and then the Legislat is entrusted with the power to change it. This is a great pov to give the Legislature, and he had not expected it to come fr the quarter whence it did, who have all during the session preache to us continually—distrust to the legislature. There was 3 another difference between the two reports: in the majority-1 port, they fixed the circuits at twelve in number; we think tha nine are ample for the present exigencies of the time, and the cor dition and business of the people. The majority also provide for the election of an attorney general and prosecuting attorneys, a THURSDAY, AUGUST 72, 1847 753 ve with the Legislature the fixing of their pay and duties; the giving to the Legislature this power, he was also opposed. in the minority report, the salary of those officers was fixed; if the sum was too high or too low, it could be changed, but let us not leave it open to the Legislature. We want permanence and stability in our judicial system, and we should fix it so in the con- stitution, and all our officers should be above the influence and control of the Legislature. _ Mr. DAVIS of McLean said he admired the tactics of the gentleman from Lee, so well displayed in the address he had just ade. He had appealed to all those who held views different from the majority report in all the details, to vote for striking out and inserting his own report, while he had rather avoided the true ‘question involved in the point.—The gentleman from Jefferson, "who entertains the same views with the member from Lee, with his characteristic candor, had stated the true question before ; Saheim to be whether the judges of the supreme court shall be elected by districts or by general ticket. The gentleman from Lee, how- _ ever, to catch the votes of others, has alluded to the other differ- “ences between the reports. He has alluded to the fact, that the Convention decided that the term of office should be six years, instead of nine, as reported; but, sir, did not the Convention de- ‘cide, by a much stronger and decided vote, that the judges should _ be elected from districts? If so, why, according to his own reason- ‘ing, has he come in here with his general ticket system? Can he ‘not, when the question comes up, move to strike out nine and in- “sertsix? The majority of the committee, however, with a decided “majority in their favor, have come in with a report in which the views of all these gentlemen are compromised.—They pro- s€ a provision as a compromise, which makes the judiciary elective by districts for the present, but leaves with the Legislature power to change it, in case it is found to work badly. Mr. D. ment, but as a compromise, he was willing to give up his own opinion and leave with the Legislature power to fix the time grand division, or more places than one in each division, or after 1850, to have it fixed permanently at the seat of government. 754 ILLINOIS HISTORICAL COLLECTIONS As to the complaints of the gentleman from Lee, that the maj favor of twelve circuits, yet the minority report had fixed the ber at nine only.—The majority has followed the expressed op ions of the Convention as nearly as may be, yet they have endeavored to meet the various opinions of the gentleme presenting a compromise. The gentleman from Lee has not the arguments in favor of the district system. He has no tempted to answer the argument of the gentlemen who hai taken the position that the district system is the better, because it brings the election of the judges nearer to the people, w. thereby, can make a better selection for the office, than if judge was chosen from the state at large, when they would not k acquainted with his character and abilities. | Mr. AKIN said, that it was apparent that they were to lav long speeches on this subject; therefore, to enable gentleme gain some wind, he moved the Convention adjourn. And i adjourn till 3, p. m. AFTERNOON The Convention was called, and as soon as a quorum appeared the report of the Judiciary committee was again taken up. question pending was on the motion of Mr. DEMENT. P Mr. PALMER of Macoupin said, that neither proposition: — neither the general ticket nor the district system, was a fav: of his. He was in favor of the old mode of electing the judg by the GovernorandtheSenate. Ithad been, however, settled tl the judiciary was to be elective and he would be obliged to v for the form least objectionable. The people either were or not competent to the election of the judiciary, if they were, a such was the opinion of the majority of the Convention, why c them with this mockery of an elective judiciary, the dist system. Why say to the people, you shall have the power elect the supreme court, yet your voice shall not be he in the choice of two-thirds of that court. The gentlemen Massac and McLean have told us that there are no preceder be found for this general ticket system. The demand for pr edents comes with a bad grace from those gentlemen. + THURSDAY, AUGUST 12, 1847 W535 lave advocated here an elective judiciary, which is opposed to all the precedents and experience of ages. They have argued against a system of appointment of the judiciary, which has stood the - test of centuries, and has never been found mischievous, but "which has been sanctioned and approved by all the lights of wis- dom and experience of the past and the well approved usage of ages. They tell us that this plan of an elective judiciary has _ worked well in Mississippi; that there it is found to be an excellent substitute for the old plan; this may be, sir, but it is just in its "beginning; and it may be found that, like the man who went up ‘in the tree to fly, he started admirably, but came to the ground ‘very hard. Such may be the case with this Mississippi plan. They have argued before us that the people have the capacity to elect judges of the supreme court; that it is a right properly be- longing to them, and one which they can and ought to exercise. Tf this be the case, why cheat them with this pretended election— this power to elect one of the judges, and denying them the right to be heard in the choice of the other two?—Suppose the state be divided into three districts—a northern, southern and a middle district. Suppose we, at the south, elect a man who is utterly incompetent to discharge the duties of the office, whom can the “people of the north and in the middle districts hold responsible for the act? On whom can they visit their punishment? On no one, sir. There is no responsibility anywhere; yet the decis- ions of that court may be governed by that man. In such a point of view, the district system is more objectionable than the present mode of electing them by the Legislature; for now, if a man be elected who is incompetent and unworthy of the office, the con- ‘stituents of those who elect him may hold them to strict account for the violation of their duty and trust. The argument that it would be as proper to elect the Legislature by general ticket as the judges of this supreme court, is not a true one, and totally in- applicable to the point. There is no representative principle upon _ the bench as there is in the Legislature; in that body the different county and local interests are represented—for the purpose of ‘preventing one from encroaching upon the others. But the ‘supreme court is different—It is not a representative of any one interest or section; it is, emphatically, a state tribunal—Gentle- ‘ud AN wie: aa Ps. ys ye af appointment by the Governor and Senate, but if the electi chosen from—if they were all chosen from one county- Be, 756 ILLINOIS HISTORICAL COLLEC’ men deprecate party spirit in the election of judges; the denounced the general ticket as calculated to produce part ventions, and party caucuses. Admit it. And will you, the district system, avoid this? Will you not. have distri ventions to nominate party candidates?—Most certainly yo and will they not be followed just as well? Do not the lir down by Congressional conventions, county convention district conventions, be [sc] as closely followed and observed as state nominations? Mr. P. said he was in favor of the p to be given to the people, he was in favor of giving it to the wh people. Mr. DAVIS of Montgomery saw no difference in the q as it stood now, and as it did when before us on a occasion. The question then was, shall the judges be elected an unqualified general ticket, or by districts. The same q is now presented, with this difference: that then, the advoc the general ticket system declared that locality had nothing with the question, and now they come in with a report, th judges shall reside in one of the three grand divisions. B they have abandoned their ground; have given up their posit: that the judges should be chosen, irrespective of locality, | so doing, have admitted the correctness of the district sy: ste They are willing, now, to give the whole people the power to all the judges, but they require that they shall elect one o from each of the three grand divisions, which appeared more of a solemn mockery than anything he had seen y Mr. FARWELL did not consider that in presenting t nority report, the friends of the general ticket system had a doned any principle. It made no difference where the men whole people had a voice in their election. It had been arg that the nearer the judges were brought to the people, the bet it would be—the better the selection would prove. If such true, and that was the best mode of obtaining upright and a judges, then why not carry out the principle to the greatest fection by providing that the judges shall be chosen and by,the voters of the three counties in which they are to sit? — THURSDAY, AUGUST 12, 1847 757 yould be bringing the doctrine to perfection, and he asked those no advocated it, why they did not carry it out? The division of 2 state into three grand divisions, and having them vote sepa- tely and for different general officers, would have the effect of nating the different sections of the state, and cause sectional selings to spring up, which would be felt in the decisions of the ourt, as the judges would naturally be governed by the same , feelings as those entertained by the people who elected them. would not be the case if they were elected by general ticket, then they would be above all local feelings, and not influenced y sectional interests, but would seek to act as a court for the hole state and the whole people. He would prefer the election the judges by the whole people, but rather than vote for the trict system, he would vote for their appointment by the Gov- ernor and Senate. Mr. KITCHELL was opposed to the elective system, both eral ticket and district, and in favor of the old and long tried an of appointment by the Governor and Senate; and this, if from no other reason than because of the objections eed against the two elective plans, by the respective opponents of each. We have a full report of Mr. K.’s remarks, but they are _ctowded out by the press of matter. Mr. CALDWELL said, that at length he had succeeded in catching the eye of the speaker. He desired to say a few words upon the question, upon which he was sorry to say he was sepa- ‘rated from many of the friends with whom he generally acted; and he was separated from them only because his most solemn favor of a free, pure, upright and independent judiciary. With- put independence the judiciary became an engine of tyranny, it ame a central consolidated despotism. A pure and independ- nt judiciary had always been sought; it was a theme on which all he light of the common law had shone. It is now proposed to establish an impure, a political judiciary—the plan 1 is before us. clary by general ticket, Pe iliac that is the mode, in his opinion, ‘to make it independent. That gentleman is too new a convert to we elective judiciary for me to follow. Mr. C. remembered lately become an advocate of it. I have studied it long, always been in favor of it, and it is to be presumed know so thing about it. Sir, when you make the judiciary elective general ticket you concentrate its powers, it becomes a cen power, and as such it is highly dangerous, and should be avoi There is but one basis upon which all elections are founded, that is upon representation. The elective judiciary is a re sentative body; all our elections are upon the principle of represen tation. Our Congress, our Legislature, and all deliberative bodie are representative assemblages, and they are all elected by tricts. We have now a better court than any that can be ch by general ticket, and it is chosen by districts. Our senat tribunal appointed to try impeachments. It is one which is worthy of the highest respect, and upon which the utmost con- fidence is reposed, and it is chosen by districts. i New York and Mississippi have set us precedents for “hoa the judges of this court by districts. In New York the highe court—the court of final resort—is composed of four judges chosen by general ticket, and the balance from districts. When the co ventions to frame the constitutions of the states of Mississip and New York were in session, they approached this subject with much caution and deliberation, and they, with great care and pru- dence, threw around the elective judiciary the safeguard of a trict system. Appeals have been made, of a party characte save the state from an abolition bench. An appeal was m here the other day, by certain Aorthern gentlemen, to us, fi the south, to come to their aid. They have called upon us money democrats of the south to come to their aid, and save tf from the control of the abolition whigs of the north. This p spirit should not be followed, should not be permitted to en into the choice of judges of the supreme court. But under general ticket system party will rule, will control and govern t election of the court. No matter what party may be in power gomery has said, that the Rough and Ready party will then dominant; but be that as it may whatever party is in pow that party will have the whole bench under their rule. Then will THURSDAY, AUGUST 12, 71847 759 got up. We know chats no man will ever be nominated by ; , except men long known as keen and wily politicians—party leaders. Then, sir, look at the supreme court that you will have. ot only a party bench, but one composed of politicians, elevated ere because they are such politicians, and whose decisions will in conformity with the views of the party elevating them. We _ will then have, sir, a central power created in the state. We will ve a consolidated judicial despotism, in the shape of a supreme ee Such will not be the case with the district system; its pk and its responsibility are divided; it looks to different inter- "ests for its support, and cannot become so dangerous. For this district system, which is denounced as not orthodox, we have not only the precedents of New York and Mississippi, but also of two great leaders, Thomas H. Benton and Silas Wright, who have advocated it, and fought for it, in the halls of Congress. They have shown its benefits and advantages, when battling for it, as atule to govern congressional elections. This report of the major- ‘ity of the committee is a compromise report. They went out of ‘this Convention with a decided majority in favor of their plan, “but, to obviate all objections, they have made a compromise ‘report. They have yielded so far on this district system, as to ‘consent that the Legislature, after the first election, in case the mode does not work well, may change the manner of Agena In this they have yielded much; as much as gentlemen should ask, and he hoped the Convention tid sustain the report throughout valli its provisions. __ Mr. BOND addressed the convention in support of the major- ity report, and _ Mr. BROCKMAN in favor of the minority report and the general ticket system. _ The question was then taken, by yeas and nays, on the motion of Mr. Dement to substitute the minority report, No. 1, for the first twelve sections, of the majority report and resulted—yeas 64, nays 84. __ The report of the majority was then adopted as a substitute for all the propositions that had been heretofore before the con- 360 ‘ILLINOIS HISTORICAL COLLEC ; vention and which had been referred to the weg committee it was then taken up section after section. Sec. 1. The judicial power of this state shall be and is her vested in one supreme court, in circuit courts, in “yaaa ce and in justices of the peace. Mr. GREGG moved to add to the section: ““Provided, that inferior local courts of civil and criminal ju diction may be established by the general assembly, in the of this state, but such courts shall have a uniform organiza and jurisdiction in such cities.’ Be Messrs. Grece, WILLIAMS and PETERS sdvueele the amei ment; and it was adopted. ‘ Mr. FARWELL moved to strike out all after ‘ ‘circuit cour and insert: ‘‘and such other courts of inferior jurisdiction as legislature, from time to time may create; which was reject And the section as amended [was] adopted. — ne Sec. 2. The supreme court shall consist of three judges, ¢ two of whom shall form a quorum; and the concurrence of tw said judges shall in all cases be necessary to a decision. Mr. SINGLETON moved to add thereto: : ““And no person who has once been elected or appointed j of any court of record created or authorized by this constitu or by any act of the general assembly of this state after the tion thereof; or who shall have entered upon.his or their offi duties or otherwise signified his or their acceptance of the office, shi be eligible to an election or an appointment to any like offi created or authorized as aforesaid, nor shall any such person eligible to any other office in the gift of the people or of e ofthe departments of the government of thisstate for the peri two years after the expiration of the term for. which he or the elected or appointed judge.”’ Mr. BOSBYSHELL moved the Convene adjourn; w motion was negatived. The question was then taken on Mr. SINGLETON’S ae and it was rejected—yeas 62, nays 109. Adjourned. I LIV. FRIDAY, AUGUST 13, 1847 _ Prayer by Rev. Mr. Sutetps. ss . of absence for eight days was granted to Mr. Bunsen, in consequence of sickness; and of ten days to Mr. Knapp of Scott; and eight days to Mr. Dunn and Mr. KitcHELt. Mr. SIM presented a petition praying an exemption of a ; mestead, &c. from execution, &c ; which petition was laid on _ the table. - Acall of the convention was ordered, and after some time a - quorum appeared. __ Mr. SPENCER asked a suspension of the rules to enable him _ to offer a resolution that hereafter the afternoon sessions shall _ commence at 2 p. m., and the convention refused to suspend the ae 81, nays eA hinds not voting therefor. q _ The question pending at the adjournment on yesterday was + s the adoption of the 2d section of the majority report of the ecial judiciary committee—and being taken was decided in the ative. ' Mr. BUTLER moved to postpone for the present the con- "sideration of the intervening sections, and take up the 13th sec- n; which motion was lost. _ Sec. 3. The state shall be divided into three grand divisions, as nearly equal as may be, and the qualified electors of each ad vision shall elect one of the said judges for the term of nine ‘years; provided, that after the first election of such judges the egislature may have the power to provide by law for their elec- ti Pron by the whole state, or by divisions, as it may deem most ex- ape dient. a _ Mr. SERVANT moved as a substitute for the section the <3 following: _. “‘The governor shall nominate, and by and with the advice a consent of the senate, appoint the judges of the supreme court, | (two-thirds of the senators elected concurring therein.) Said 761 762 ILLINOIS HISTORICAL COLLECTIONS judges shall hold their office for the term of fifteen years, and un | their successors shall be commissioned and sworn.’’ Mr. PETERS submitted a modification to the se lot, so that one would be sEDe ie by the governor and senate every three years. This, he said, was a compromise with those who desired’ break up the old system of appointment during good behaviou iE This was a compromise between the two systems, for it reduced d the term of offiice—which was one feature in the old system much complained of by the people. a Mr. SERVANT accepted the modification. J Mr. PALMER of Macoupin said, that the proposition now before them was his favorite, and he addressed the friends of a general ticket to vote for this as far preferable to the district. system; and he also thought the friends of the district system would find it much better than the general ticket system. He called upon the opponents of an elective judiciary to stand by - and they could carry it. Mr. GEDDES said, he knew but little of matters relative to judiciary, but he agreed with the gentleman from Macoupin, an thought the old system of appointment the best. His secon choice however was not the general ticket system: he preferre d the district plan. He saw many evils in the general ticket system r the district system. He would vote for the amendment. 4 Mr. PRATT said, this subject was a most important one. It was one of the great reforms which this convention was called to adopt, and where there was such a large majority in favor of the elective judiciary, he regretted to see such difference of opinion, and so much feeling shown on the question of the proper mode 0 0 : carrying this great reform into operation. He had long given the subject much consideration and study, and he confessed his o opinions were not yet satisfactorily settled. His views upon the subject were expressed in a published article, wa he read in| lieu of his own remarks. By e This was his view of the subject, and much bone expressed than he could do so. He was in favor of the election of the judges © FRIDAY, AUGUST 13, 1847 763 _ by the whole people; but if that was voted down he would vote for the district system in preference to the appointment by the governor and two-thirds of the senate. Mr. BUTLER said, he was in favor of the general ticket sys- _ tem, but inasmuch as that had been voted down by the conven- tion, he would now vote for the district system, as reported by the majority of the committee, because it authorized the legislature to change the mode of election to whatever plan the people may desire. It was in his opinion a fair and honorable compromise, and the friends of the general ticket ought to support it. Mr. HARVEY asked for a division, so as to vote first on strik- ing out. Mr. DAVIS of McLean opposed the division of the question. Mr. LOCKWOOD said that, from his peculiar position, it would be but proper that he should define it. He did so as follows: I believe that long terms and competent salaries are the only sure basis of an independent, upright and able judicial system— and I am yet to learn that the tenure of good behaviour with a competent salary is not best calculated to secure these desirable results. I am however satisfied that the tenure of good behav- iour hasreceived the condemnation of the people. I am, therefore, for the next best plan that can be obtained to secure these objects; I am of opinion that the amendment of the gentleman from Randolph is the best that there is any probability of getting. I shall therefore go for it if it can be amended so as to render the judge ineligible —I cannot vote for the proposition of the gentle- man from Peoria, fearing as I do, that the short terms contained in it and the reeligibility of the judges will produce the evils of a _ dependent and time-serving judiciary. Mr. ARMSTRONG offered the following as a substitute for the amendment: ___ The justices of the supreme court shall be elected by the - qualified voters of the state, on the first Monday of March, after _ the adoption of this article; returns whereof shall be made to the _ secretary of state, who shall count the same in the presence of the “governor and auditor, or either of them; the three persons having the highest number of votes shall be elected.”’ Mr. PALMER of Macoupin, said that he hoped the ws? ANS, PIN aA Re 764 ILLINOIS HISTORICAL COLLECTK amendment would be withdrawn and that a fair oppor might be given to the friends of the appointment by the go system, to record their votes upon the journal in favor of t plan. He thought it a want of courtesy to deny them this privilege. Messrs. KNOWLTON and WEST expressed the same vi and hoped that a fair vote might be had. Mr. ARMSTRONG replied, that his object was to * fair direct vote upon the general ticket system, and if that w voted down, then he would vote with the friends of the old sys Mr. PALMER of Marshall thought the district system was he choice of the majority and would vote for that. ‘ Mr. ARMSTRONG withdrew his amendment. Mr. LOCKWOOD offered the following as a dubstivate the amendment: ““The judges of the supreme court shall be subi Kod governor, by and with the advice and consent of two-thirds of the senators elected; and shall hold their offices for the peri fifteen years, and until their successors are appointed and que fied, and the said judges shall not be re-eligible to said ic .. The question recurred upon the amendment sys prne z it was rejected—yeas 38, nays 103. Mr. ARMSTRONG renewed his amendment as a substit for the section. 3 Mr. SINGLETON moved to amend the substitute by a thereto—‘‘and be forever ineligible to re-election;’’ which rejected. A. eae Mr. PRATT moved as a substitute for the Beir following: ‘The state shall be divided into three districts, as. ne equal in population as may be. The justices of the supreme cx shall be elected by the qualified electors of the state, on whom shall be selected from, and reside in, each district;’” w! was rejected—yeas 42, nays 80. : The question was taken, by yeas and nays, on the substitu proposed by Mr. ArmsTRONG, and it was reject ae 60, 1 ; 78. oat FRIDAY, AUGUST 13, 1847 765 oa GEDDES offered an amendment, providing for the The question recurring on the adoption of the section: | Mr. KENNER asked for a division so as to vote first on the wie CONSTABLE moved a reconsideration of the vote just _ taken; and it was refused. Sec. 4. The office of one of said judges shall be vacated after _ the first election held under this article, in three years, of one in six years, of one in nine years, to be decided by lot, so that one of said judges shall be elected once in every three years; the judge having the longest term to serve shall be the first chief justice, ter which the judge having the oldest commission shall be chief fstice, Mr. HOGUE moved to athilte out the words “‘three,”’ ‘‘six and “‘nine’’ where they occurred and to insert in lieu thereof the words “‘two,”’ “‘four,” and “‘six.’’ _ Mr. KNOWLTON offered as a substitute for two, four and x, the words, “‘four,” “‘eight’’ and ‘‘twelve.”’ _ The question was first taken on striking out, and was decided in the negative.. . _ The section was then adopted, as was also, Sec. 5. The supreme court may have original jurisdiction in _ cases relative to the revenue, in cases of mandamus, habeas corpus, und in such cases of impeachment as may be by law directed to be tried before it; and shall have appellate jurisdiction in all other cases. Sec. 6. The supreme court shall hold at least one term annu- ally in each of the aforesaid grand divisions, at such times and places as the general assembly shall by law direct; provided, how- >? > ce 466 ILLINOIS HISTORICAL COLLECTION. ever, that the general assembly may, after the year hundred and fifty, direct by law that the said court sha at one place only. Mr. MARKLEY moved to strike out ‘‘at one place and insert “‘in each judicial circuit.’ . Mr. MINSHALL offered as a substitute for the an ment the following: “‘And provided that the legislature, after the year 185 increase the number of judges to four, but after that addition number of justices of the supreme court shall not be increas diminished.” Mr. WITT moved to lay both on the table; which moti carried. Mr. ARMSTRONG moved to insert before the words “‘pla the words “‘place or;’’ which motion was agreed to. . Mr. HARDING moved to add to the section the wore each grand division.” | Mr. HURLBUT offered as a substitute therefor, to be : to the section, “‘in the state.’ Pending which, the convention adjourned, till 3 p. m. AFTERNOON ri: No quorum appearing, a call of the Convention was oi and, after some time, 128 members appeared. Mr. HARDING withdrew his amendment. eng Mr. HURLBUT renewed his motion to add to the sectic words ‘‘in thestate;’’ and the motion was carried—yeass9, 1 Mr. HARDING moved to strike out all of the sectio the word “‘divisions.’’ < The question being taken thereon, by yeas and nay. decided in the negative —yeas 64, nays 69. . Mr. GEDDES moved to strike out ‘‘or places.’’ Reje Mr. CONSTABLE moved to strike out the section, an stitute therefor the following: “‘The supreme court shall hold one term annually i ine the aforesaid grand divisions, at such time and place in each division as shall be directed in this constitution, and the t grand divisions shall be as follows: The counties of- ie FRIDAY, AUGUST 13, 1847 767 shall form the first division, and the supreme court shall be held in the county of —_____,” &c. Mr. MARSHALL of Coles offered as a substitute therefor the following: ‘‘One term of the supreme court shall be held annu- ally in each judicial circuit, at such time and place as shall be _provided;’’ and the same, by yeas and nays, was rejected—yeas | 47, Nays go. _ Mr. HARVEY asked for a division, so as to vote first on strik- ’ ing out, and it was refused. The question was then taken on the substitute of Mr. ConsTaBLe, and it was rejected—yeas 63, nays 7 ‘ Mr. ECCLES moved the previous question; which was re- fused. Mr. HOGUE moved to strike out the section; and insert: “The supreme court shall be held at the seat of government once or more in each year, at such time as the General Assembly may direct.” Mr. HARDING offered as a substitute therefor: ‘“The supreme court shall hold one or more terms, annually, in but one place in each grand division.”’ Mr. POWERS moved the previous question; which was _ordered. The question was then taken on the substitute of Mr. Harpinec, and it was rejected—yeas 68, nays 69. The question being taken on Mr. Hocue’s amendment, it was rejected—yeas 40, nays 97. : The question recurring on the adoption of the section, it was adopted—yeas 85, nays 52. Mr. ROUNTREE moved to postpone the consideration of the intervening sections, (relating to the circuit court) and take up the 13th section; which motion was carried. Sec. 13. There shall be in each county a court, to be called a county court. Mr. ARMSTRONG moved to substitute therefor the follow- ing: ‘““There shall be in each county in this state a county court, to consist of one judge and two associates, who shall be elected by _ the qualified voters of the county, on the same day fixed for the 768 - election of other judicial officers, who shall hold their off four years, and until their successors are elected and saan Mr. SINGLETON moved to substitute therefor: ‘“ shall be in each county in this state a county court, to be ce posed of the justices of the peace of the several counties, and other tribunal shall hereafter be created for the management < direction of such matters as may pertain to the internal regulati of the counties. S'aid justices shall not be allowed any ot compensation for their services as members of said court, t exemptions from military duty and labor upon the public hi way. Said court shall have original and exclusive jurisdiction all cases to which the county is or may be a party, and shall e cise all the powers and duties of probate court, not conferred law upon the circuit court, and such other jurisdiction as the L islature may confer.” Mr. ROUNTREE advocated the original section. Bi Mr. CRAIN said, the amendment proposed by Mr. sTRONG was the first section of the report of the committee Miscellaneous Questions, and it had been reported in obedie to instructions passed by the Convention. Mr. CONSTABLE said, there could be no sort of disneal C to the committee on Miscellaneous Questions, if the Conventi preferred the report of the Judiciary committee, which he ho would be done. his aeaene and in opposition to the section as poke . Pending the question thereon— : Mr. LOGAN (by leave) offered the following resolution, w was adopted: Resolved. That a committee of nine—one from each jud circuit—be appointed to divide the state into three grand divisi for the election of judges of the supreme court. ih 2. That said committee be instructed to make said divisions as nearly equal in population as practicable; are to make 3 s divisions by lines running, as nearly as may be, east and y across the state with county lines. x 3. That said committee be instructed to fix one place ir in € oGAN, Grecc, Pratt, PETERS, Ppa bk Har- own, and Tuomas were appointed the com- {ER of Meee. from the committee on Educa- +t; which was read, laid on the table and 250 Sead adjourned. a = in, and Lis ie Mr. Z. CASEY took the chair. oa The question pending at the ee po the majority of the select committee on the Judiciary. Mr. SINGLETON withdrew his amendment. Mr. ARMSTRONG modified his proposed substi as follows: “*There shall be in each county in this state a cout consist of one judge and two associates, who shall be el the qualified voters of the county, as shall be provided b General Assembly, who shall hold their offices four years a their successors are elected and qualified.”’ Mr. ARCHER moved to amend the amendment, after the word ‘‘associates’” the words: “‘the latter be of the peace, to be drawn alternately from each precinct county.’ ; Mr. CONSTABLE moved the previous question’ seconded. vi The question was then taken on the amendm ArcuEr, and decided in the negative. : The question was then taken on the amendment of STRONG, by yeas and nays, and it was rejected—yeas 4 until his successor is elected and qualified. 77° SATURDAY, AUGUST 174, 1847 771 WEST moved to strike out the section, and insert in lieu of the following: _ “There shall be established in each county in this state a t of probate, which shall be a court of record, to consist of one , who shall be elected by the qualified voters of the counties, tively, and be styled the judge of probate; whose compen- mn shall be regulated by law. The courts of probate shall jurisdiction in matters relating to the settlement of the ates of deceased persons, executors, administrators and guard- ans, and such other jurisdiction as may be assigned to them by _ Mr. PALMER of Macoupin moved to amend the amendment y adding to it the following: _ *‘And the justices of the peace of the counties in this state shall divided into four classes, by lot; and one of said classes action of county business; Provided, all the justices of the ace of the counties shall be entitled to seats in said court, but ly the class required to sit in said court shall receive compen- tion for their services.”’ a And the question being taken thereon, it was rejected. _ The question recurring on the amendment of Mr. Wesz, it, ), Was rejected, by yeas and nays—yeas 25, nays I00. _ The question was then taken on the adoption of the section, ind it was adopted. _ Mr. SCATES moved to pass over, informally, the next three ections, and to take up the 18th section. é The question being taken thereon, it was rejected. Sec. 15. The jurisdiction of said court shall extend to all matters of probate, with such other jurisdiction as the Legislature y confer in civil cases, and such criminal cases as may be pre- scribed by law where the punishment is by fine only, not exceeding e hundred dollars. _ Mr. ROBBINS moved to amend the section by adding: “‘all leadings in said court shall be oral.’’ Mr. ROBBINS modified his amendment to read as follows: pecial pleadings in the county court in relation to matters of obate, and in relation to county business, shall not be required.’’ _ jected. 772 ‘ILLINOIS HISTORICAL COLLECTIONS Messrs. Davis of Montgomery, PETERS, ConsTABLe, | and CuurcH opposed the amendment, and Messers. Scat PatmeR of Macoupin and Roseins advocated it. And the question was taken thereon, and rejected. Mr. SHIELDS moved to amend the section by striking o out after the word ‘“‘probate,” and insert instead: ‘‘and all coun business, with such other business as the Legislature may mea which was rejected. . Mr. ARMSTRONG moved to strike out all after the wo “‘where,’’ and insert: ““the offence is not capital or punishable | imprisonment in the penitentiary;’ and the amendment wa S Mr. CALDWELL moved to strike out the words “matt € and * ‘with,’ "in the first line, and insert instead of “‘with’’ the v “‘and;’” and the same was carried. law: * al the motion was rejected. is Mr. F ARWELL moved to add to the section; “Provided i Mr. CONSTABLE moved to lay the amendment on shes On which motion the yeas and nays were ordered, an sulted—yeas 117, nays I5. Mr. ADAMS moved the previous question. Pending which, the Convention adjourned till 3 P. mM. AFTERNOON On motion, a call of the Convention was ordered, and, aft some time, 116 members answered to their names. a The demand for the previous question being pending at adjournment, it was put and ordered. ” The question was then put on the adopniae of the isth sek and it was adopted—yeas 79, nays 45. as ji Sec. 16. The county judge, with two or more justices of peace, to be designated by law, shall hold terms for the transa of county business, and shall perform such other duties as € General Assembly shall prescribe; Provided, the Legislature 1 r require that the two justices, to be chosen as may be provid law, shall sit with the county judge in all cases. ‘a SATURDAY, AUGUST 14, 1847 773 £ The question being taken thereon by yeas and nays, it was decided in the affirmative—yeas 68, nays 61. Mr. JONES moved to strike out the words ‘‘or more,’’ in first line. _ Mr. DAVIS of Montgomery opposed the motion. _ Mr. NORTHCOTT expressed himself in favor of the amend- nent. a The question being taken thereon, it was carried—yeas 71, “mays 50. __ Mr. SINGLETON moved to amend the section so as to read as follows: ‘““The county judges, consisting of the justices of the “peace, shall hold terms,’’ &c. _ Mr. SINGLETON expressed himself at considerable length in opposition to the report of the committee, and the course that had been pursued in relation toit. He thought that other members of the “Convention had interests at heart, had. the views of their constitu- ‘ents to be expressed, as well as the immaculate committee of "twenty-seven, who had uniformly voted against every proposition, and opposed even the consideration of any amendment that had been offered to their report. For one he had offered the amend- “ments which he considered as carrying out the views of his con- ‘stituents, though he knew that it was useless to attempt to carry them. He and many others who were anxious to present the ‘sentiments of their constituents had been voted down and cut off by the majority, who seemed determined to carry the report ‘through without time for consideration, or an opportunity to a end. He felt certain that so far as he was concerned, his con- ‘Ss ituents would not adopt the report in this particular, and that he would not vote for the constitution with these provisions in __ The question was taken on the adoption of Mr. SINGLETON’s ‘amendment, and it was rejected. __ Mr. EDWARDS of Sangamon moved to insert after ‘‘busi- aess,”” in the 2d line, the words ‘‘and as many more justices of the eace as may be designated by law.’’ _viding for the time and manner of submitting the cons 774 ILLINOIS HISTORICAL COLLE "i And the question being taken, the amehdetanll was sje Mr. BROWN moved to strike out the proviso at the the section. The question being taken, resulted yeas ae na no quorum voting. sbecnded The section now stood as follows: Sec. 16. The county judge, with two justices. to fie c in the same manner as the county judge, shall hold terms fe transaction of county business, and shall perform such — duties as the General Assembly shall prescribe. ‘ The question was taken by yeas and nays on the adopt thereof, and it was decided in the affirmative—yeas 80, nays 4 Mr. WEAD moved to reconsider the vote just taken. Mr. MANLY opposed the motion to reconsider, beca se gentleman from Fulton had a scheme of uniting the - PIE circuit and district courts. ; Mr. LOGAN hoped the motion to reconsider ANN pre Mr. TURNBULL moved the Convention ba ake motion was rejected. The question being taken on reconsidering, it was dea the negative—yeas 45, nays 63. Mr. SCATES (by leave) offered the following reso which was adopted: Resolved, That a select, committee of one from each to be voted upon by the people, and also such Bien: the government under its provisions. Messrs. ScaTes, SERVANT, Maniy, DuMMeER, Ta HENDERSON, STADDEN, ARCHER, and HARPER were appoin committee. , And then, on motion, the Convention adjourned. POCA ed TR ee RE eS ge fw Se here cers q 2 4 That—————- thousand copies of the constitution as revised and amended, be printed and distributed so et Sree ee er eee d Cross of Woodford. SHI » (by leave) from the committee on Finance, | report, which was read, laid on the table, and 250 copies to be printed. . CONSTABLE moved to suspend the rules to enable him the following resolution: : sol d, That a committee of one from each judicial circuit : state be appointed to prepare an address, to be submitted & ople of this state in connection with the proposed con- sales were suspended, and the resolution was adopted— s 80, nays 55. Messrs. ConsTAsBLe, Davis of Massac, DALE, MARSHALL n, WEAD, CamMpBELL of Jo Daviess, Dawson, KNowLTon, |ALLINGALL were appointed the committee. -WEAD presented a petition from sundry citizens of n county, praying a prohibitory clause in the new consti- : 1 against banks and banking; which was read. -WEAD moved that it be referred to a select committee 775 | 776 ILLINOIS HISTORICAL COLLECTIONS Mr. ARMSTRONG asked if there were any such comm The PRESIDENT said there was not. , Mr. McCALLEN moved its reference to the commit ree | Incorporations. Mr. WEAD said, that he desired that this petition shou dr ceive a respectful hearing, and as the committee on Incorpor: had expired, he hoped the subject would be referred to mittee favorable to its object, and that a report on the s might be had. Mr. HARVEY informed the gentleman from Fulton th committee on Incorporations had not expired, nor had any n ber of it expired.—The committee, however, were as little an3 to have the subject referred to them as was the gentleman Fulton to refer to it. y Mr. PALMER of Macoupin hoped the subject would referred to the committee on Incorporations. They had re their views on the subject, and the Convention had sho opinion of that report by rejecting it. The subject now up on a petition from certain citizens of Fulton county, and should be respectfully heard, and it ought to be referred to : committee favorable to its object. ; Mr. McCALLEN hoped this question would be refe the committee on Incorporations, because that was the committee to examine into the matter. He hoped that vention would not again be occupied with this exciting Already days had been wasted in fruitless endeavors, by its to carry it through, and the Convention had over and over it down by decisive majorities. He earnestly hoped the b of the session would not be disturbed by the subject. Mr. CALDWELL said, that he hoped the petition w be referred to the committee on Incorporations. That co had already reported to the Convention its opinion on the and that opinion was adverse to the objects of the petiti He said this subject had been before them on former occas Pa but never fairly. The opponents of a prohibitory clause not allow it to be presented in a proper shape; and it would be sisted in by its friends till it did have a proper hearing. said so before, and said so now, that he would present the : MONDAY, AUGUST 16, 71847 TEL to the Convention every time an opportunity was afforded.— Moreover, he informed gentlemen of all parties that the whole _ people of the south and thousands at the north would vote against __any constitution which did not allow them in some way to express their sentiments of condemnation and opposition against banks. _ He hoped the petition would be referred to a select committee, _ from whom we can have a report that will present the question in a proper shape. Mr. NORTHCOTT said, that he was in favor of referring the _ subject to a select committee. The gentleman from Fulton had a greatdesire to be chairman of a committee, and had been at home, among his constituents, for a week or more. During which time he had, no doubt, gone to considerable trouble to get up this petition, and it would certainly be mortifying to the gentleman, after all this, to be denied the satisfaction of a select committee. Mr. WEAD rose to address the Convention, when he was called to order. Mr. W. said, that no member with any proper regard for him- _ self, as a member of the Convention, would attribute to him any impure or dishonest motives, and then attempt to choke him off in his reply. Mr. McCALLEN inquired if the gentleman had not spoken ‘once? If so, why was he allowed. to proceed? He had been choked off under the rules several times. The PRESIDENT said the gentleman could explain. Mr. WEAD said, he only desired to explain. He merely wished to say to the member from Menard, that any man who attributed to him any motive or conduct in presenting this petition other than honorable and patriotic, he was sadly mistaken; and _ before any person made any such accusation as had been made by _ the member from Menard, he ought to be, at least, prepared to prove it. So far as this petition was concerned, he had nothing to do with getting it up, and knew nothing of it till it was handed to him to present. The petition was then referred to the select committee of nine. And Messrs. Weap, BosspysHELL, Z. CASEY, WILLIAMS, SMITH of Gallatin, Srappen, CampsBe.u of Jo Daviess, Davis of Mont- gomery, and Cross of Winnebago were appointed the committee. 398” ILLINOIS HISTORICAL COLL ‘ may be specified.’’ ay, The Convention then took up the report of the : THE JUDICIARY Mr. ROUNTREE offered as an additional section to be serted after the 16th section, the following: “‘The General Assembly may provide by law, that a number of the other justices of the peace of the respective coun shall receive no pecuniary compensation for such service, bu be exempted from road labor, and such other duties as ‘Bb Mr. WITT offered a substitute therefor. — : ahs Mr. DAWSON enquired if a motion to reconsider we action of the Convention upon the subject of a county co would be in order? ‘ The PRESIDENT said it could not be done By one vote each vote would have to be reconsidered separately. _ Mr. MARKLEY reminded the Chair that a vote ‘hiad taken on a motion to reconsider the adoption of the sixteen tits ec tion, and it was refused. He tae The PRESIDENT said, the motion to reconsider was, then e- fore out of order. Mr. ROUNTREE then withdrew his proposed section. Section 17 was read— ae “Sec. 17. There shall be elected biennially, in each count? clerk of the county court, who shall be ex officio a compensation shall be fees.’’ Mr. CONSTABLE moved to amend the same by pref thereto the following: ‘“‘The county judge, with such justices of the peace, in county, as may be designated by law, shall hold terms fi transaction of county business, and shall perform such duties as the General Assembly shall prescribe; Pr the Legislature may require that two Justices, to be chosen the qualified electors of each county, shall sit with the co int judge in all cases;’’ and to strike out ‘‘biennially,’’ and in ‘“quadrennially’’ in lieu thereof. He ate wt % i pers MONDAY, AUGUST 16, 7847 779 Mr . CONSTABLE advocated his amendment. It contained ae DAVIS of Montgomery was in hopes the amendment would be adopted. Mr. ARMSTRONG opposed the amendment. The Conven- on, on Saturday afternoon, by a vote of 80 to 45, had settled the bject, and he hoped the little time now left before the adjourn- ent would not be consumed in reconsidering questions which had en decided by the Convention. Mr. EDWARDS of Madison explained his course in relation to the subject of the judiciary. He said, that his object and m otive in moving the subject of the judiciary be referred to the select committee, was owing to the peculiar circumstances of ie time, and the great dissatisfaction shown at the action upon the bject in the committee of the whole; and in the hope of bringing out a compromise that would be acceptable toa majority of the Convention. His own views were in favor of the appointment of the judiciary by the Governor and Senate. He had compro- “mised his own viewsin order to bring about concession and harmony, he regretted the statement that the reference of the subject . select committee had been the cause of the delay, and the con- _ sumption of more than two weeks of the time of the Convention. Mr. WHITNEY expressed himself in favor of the amendment, i disclaimed any intention to practice demagogueism in sup- "porting an amendment that supposed all classes of the people “competent to perform the duties of judges. _ Mr. SCATES explained, that he had no intention to impute unkind motives to the gentleman from Madison when he stated that much time had been lost by the reference to the com- ttee. Such was, in his opinion, the fact, but he had no intention _ Mr. WITT offered a substitute for the amendment; which was laid on the table—yeas 73, nays 42. __ Mr. AKIN moved the previous question; which was ordered. The question was then taken on the adoption of the amend- 780 | ILLINOIS HISTORICAL COLLEC’ The question recurring on the adoption of ‘the sec amended, Mr. HAYES asked for a division, so as to vote upon the part of the section separately. Mr. CONSTABLE objected, and the call for a oe withdrawn. The question then recurred on the adoption of ae 17th tion, as amended; was taken by yeas and nays, and it was dec in the afirmative—yeas 79, nays 55. Mr. ARMSTRONG offered as an additional section: in one or more tribunals, to consist of such officer or officer shall be provided by law.’’ it Mr. HARVEY hoped it would be adopted. Under the p state of the report, there could be no possible tribunal for bus in the county except by this one county court. This court wi have civil and criminal jurisdiction, probate and county bu No such court was ever heard of before. On one side wor tribunal and to be tried by one judge and two justices of ‘het This was an experiment and before gentlemen went so far reform it would be wise to pause and consider the extent of reform. He hoped the amendment would be adopted and the Legislature could change the organization of the court if « able. Mr. CALDWELL replied that the gentleman from Kno mistaken in his view of the case. The justices of the peace » only to be associated with the county judge in county bu: and it gave the Legislature the power to provide that ther be two justices elected to sit with him in all cases. f Mr. DAVIS of Montgomery said, that in respect to the m complained of by the gentleman from Knox, the report stooc as it did before, when that member was in favor of it. Mr. FARWELL thought that there could be no objec the plan proposed by the gentleman from LaSalle. The e so much difference of opinion here upon the subject of a + MONDAY, AUGUST 76, 1847 781 that it was impossible for us to frame any system that would be f satisfactory to the people.—He thought it best to leave the sub- " ject to the Legislature to provide such courts, as the people de- sired. __ Mr. CONSTABLE opposed the proposition of the gentleman a. LaSalle, it was nothing more than throwing open the doors of the Legislature to change and increase the number of tribunals _ in the counties. This was one evil which the constitutional pro- _ vision was intended to prevent; and one which the people de- manded of us. The present system was a very bad one, and why _ did not the Legislature change it—they have the power? ¥ Mr. DAVIS of McLean opposed the section of the gentleman from LaSalle, and explained the county court as it now stood _ organized by this report. _ Mr. WEST offered the following as a substitute for the pro- _ posed section: _ “That in all cases, where the population in a county according to the census of the county as last taken, shall exceed 10,000 in- _ habitants, the office of recorder shall be a separate and distinct -_office.”’ Mr. HARVEY was in favor of the substitute as a separate section, because it would defeat the amendment of the gentleman _ from LaSalle. He had never misstated the county court as it _ presented itself at present under the report. The system pro- _ posed was a transcript of the New York constitution, and he feared we were getting more of that constitution in our own than - would be acceptable to the people of Illinois. The county court _ now was this: that, as had been said, the best lawyer in the county _ was to be county judge. That he was to have jurisdiction over all probate matters, all county matters, all criminal matters, and _ some civil matters. Was any such court ever heard of before? It _ was true that in county matters he was to have the assistance of 4 two justices of the peace, and also, in probate matters, he was to _ be aided by two justices of the peace, to be chosen—no one knows how. But the grand feature was, that he might, upon general subjects, have the aid and assistance of fifty justices of the peace. if the “‘best lawyer in the county’’ was to be enlightened by the 782 ILLINOIS HISTORICAL COLLECTIO a gee Ue aid and consultation of fifty justices of the peace, he « see how it was to be done. This last feature was not, h taken from the constitution of the state of New York, but apparently the intention to make a constitution for the fia Illinois, made up by patches and shreds taken from other con tutions. There seemed to be a sort of hydrophobia fe ong superior in intellect or virtue to any body ae wrod hie assembled in this state, and those who were in favor of this. co court system, as proposed by the committee, ought to be Se with having it fixed in the constitution, and in case it was | to work badly, let them leave with the Legislature the po change it to another. They ought to be satisfied with | the honor to be styled the fathers of this system, in case it well; but if it was found to be unsatisfactory, they eeu the Lesigtacire power to change it. Mr. DAVIS of McLean replied to the gentleman from 1 by reminding him that in the circuit court, to which an could be taken from the county commissioners’ court, th often tried a case of probate, of a road, a criminal case, a cij and a bill in chancery, all in one day, and all his ridicule tainly not more applicable to the county court than to the pre : circuit court. The gentleman need not have gone farth r th the circuit court, in Knox county, to have known this. Gi r. WEAD opposed, at much length, the whole report of th majority of the select committee, and particularly the cot court system. ; ay Mr. LOGAN replied and defended the committee. __ Mr. HURLBUT rose, but gave way to a motion to adjo And the convention adjourned till 2 p. m. AFTERNOON Mr. HURLBUT replied to the member from Fulton, a fended the majority of the select committee. WEsT, aaa would vote for it as a separate section, but ith offered as a substitute for his own amendment, which he ote Me Seer te ee eee ee Ae eee | OY Al Oe agen j eae k ‘ 4 J MONDAY, AUGUST 16, 1847 783 importance. He considered that the matter should be an insult to the intelligence of the people, to pretend that e would be no men ever chosen to the Legislature hereafter, or - of their midnight proceedings. He would merely say 2 was not a member of the committee, and he was glad he as not, for he would be very unwilling to have this report, so far it relates to the county court system, go forth as a production Mr. A. then pointed out the defects in the system which thought would not be acceptable to the people. ee WILLIAMS replied to the several gentlemen who had . POWERS offered the suneaets proposed by Mr. West tc so as to read 12,000 inhabitants) as an additional sec- t ‘“8,000.”” And the question was taken on striking out, and resulted— 60, nays 46. No quorum voting. : a ‘MARSHALL of Coles moved to jeer ae _ Mr. SMITH ‘of Macon proposed 1,000. | Mr. JENKINS proposed 3,000. ti “~ 43, nays 89. a Mr. WITT proposed 5,000. ' The question was taken on filling the blank ih 1 dotll jected. On filling the blank with 10,o0o—48 yeas. Lost. fie Mr. THORNTON proposed 14,000—54 yeas, 68 nays. tm Mr. McCALLEN proposed 999932 yeas. Lost.’: an Mr. MARSHALL moved the previous question—which h we seconded. Ra The question was put on inserting 9,000, and rejected. On inserting 8,000—yeas 64, nays 70. Lost. On inserting 5,000, the yeas and nays were ordered and d cided in the negative—yeas 61, nays 79. The question was | put on 3,000 ae rejected. a SS RY sulted—yeas 45, nays on a, So the convention refused to insert any number in the b ble The question was taken on the adoption of the sectiol ar was rejected—yeas 32. BC a Mr. LOGAN offered as an additional section» “‘The Legislature may by law make the clerk of the « court, ex-officio, recorder, in lieu of the county clerk.’’ Mr. ARMSTRONG offered the following to be added the ‘‘Provided, that in any county, where the inhabitants : exceed 4,000, the office of recorder shall be elective by ite quz voters of said county.”’ Mr. HARVEY supported the proviso, and peeked wit severity to the remarks of the gentleman from Adams—de earlier in the afternoon. Mr. WOODSON moved the previous question, wh seconded. The question was taken by yeas and nays on the! provi it was rejected—yeas 50, nays. 85. And then the question was taken on the section as P by Mr. Locan, by yeas and nays, and the same was carrie ‘ 77> nays 55. MONDAY, AUGUST 16, 1847 86 __ Mr. DAWSON offered an additional section. __ Mr. SCATES offered as a substitute therefor, the following: _ “The legislature shall fix a fee bill for the several officers of this ‘state, whose compensation shall consist of fees for services ren- dered, and the several county courts shall have power to reduce the rates of fees accruing to any officer in the county, by a certain per cent., when, in their opinion, such fees yield more than ade- quate pay for the services rendered;’’ upon which the yeas and mays were ordered; and the same was rejected—yeas 45, nays 80. _ The question recurred upon Mr. Dawson’s proposed additional section, and it was rejected—yeas 14, nays 104. Mr. HURLBUT offered the following as an additional section: : “The legislature may pass a general law authorizing township organization, in all counties in which a majority of the legal voters may at any general election vote for such township organ- ization; and when such township organization shall be established ‘in any county, then the county court hereinbefore provided shall cease to transact county business in such county.’ And the question being taken thereon, it was adopted—yeas 92, nays not counted. _ Sec. 18. The general assembly shall provide for the com- pensation of the county judge. Mr. MARKLEY offered a substitute for the section, which was rejected; he then moved it be added to the section, and it was ‘rejected. _ The section was then adopted. _ Sec. 19. There shall be elected in each county in this state, by the qualified electors thereof, a competent number of justices of the peace, who shall hold their office for the term of four years, ‘and until their successors shall be elected and qualified, and who shall perform such duties, receive such compensation, and exercise such jurisdiction (not exceeding one hundred dollars) as may be hed by law. _ Mr. CROSS of Winnebago moved to: strike out the words aes: exceeding one hundred dollars.”’ Mr. KINNEY of Bureau and Mr. WHITNEY advocated the amendment. The latter gentleman said that there was not a man 1 his county, but was in favor of extending the jurisdiction of the than one hundred dollars, and he fle hee : ee nim structed by his constituents to vote for the a endment a subject of universal corns Be and he felt to carry it out. structed their representatives to vote fot ik Ths but he had never heard of it. a. Mm. Mr. KNOWLTON proposed 6 a. m. Mr. CONSTABLE proposed § a. m. Mr. AKIN proposed 7 p. m. to-day. Paebit: Laid on the table. DERSON presented a petition from sundry citizens SBYSHELL presented a petition from sundry citizens ‘county, praying that a residence of six months in a 7 sl all be required before voting; and moved to lay it on the pi was lost, and the petition was referred to the com- | Elections. 3ALLINGALL said, that he had heard his name an- as a member of the committee to draft an address to the ¢ 1 the new constitution, and asked to be excused from g on that committee, because he did not, even by implica- ire to be considered as favoring the new constitution, so t had been adopted. THE JUDICIARY SCATES replied to Mr. Wuitney on the expediency of troying all the technicalities of the practice of the law. He ed with the gentleman, and in the spirit of the report of the Reform committee, would go farther, and would reform the e and technicalities of the medical profession. He cited al medical cases coming under his personal observation, technicalities were discarded by the medical attendants, the cases resulted happily—one of the patients dying. Mr. CONSTABLE said that he regretted much the course which debate had taken. The character of the Convention would nly elevated by the speech of the gentleman from Boone, 787 ee AA SE Pee on ae eee it ee pats ae o> weg 2a aed 788 ILLINOIS HISTORICAL COLLECTIONS which was a most successful effort of Buncombe and nonsense, if the standard of character adopted by the gentleman was con- sidered a true one. The speech of the gentleman from Jefferson this morning, so far as decency and propriety were concerned, was in keeping with the other. Mr. C. opposed the amendment proposed. He considered that the jurisdiction of a justice of the peace over the sum of one hundred dollars was high enough, but in anyway he desired to have the jurisdiction fixed in the constitution, and the subject not left open to legislation. At the last Legislature over twenty thousand dollars was expended in time wasted by that body in legislating upon the subject of extending the jurisdiction of justices of the peace from the sum of one hundred to two hundred dollars. — Mr. WITT moved to amend the motion to strike out by adding to it—to insert “‘three hundred dollars.’’ Mr. DALE said, that he was in favor of the amendment to strike out the clause, which limited the jurisdiction of justices of the peace to one hundred dollars, not that he wished the Con- vention to increase the justices jurisdiction, but that he wished — the jurisdiction to be left open for the Legislature to increase or diminish hereafter, as occasion might require. This Convention had pursued a course, in relation to the judiciary, different from that to be found in the constitutions of most of the states. Instead of establishing by the constitution the higher tribunals only, and leaving to the Legislature the estab- lishing of inferior courts, as occasion and circumstances might call for them, this convention had established and determined every court that should exist in the state. Therefore appeared the — necessity of leaving some latitude to the Legislature to fix the ~ powers of these courts, and to alter those powers as the exigencies _ of the state might require. This latitude should particularly be — left in the case of justices; for from indications their courts were — growing in favor with the people, at the last session of the — Legislature a majority in the popular branch having cast their votes to enlarge the jurisdiction of justices. In some respects the justices’ court has advantages over all other courts. It is a court — always open. It is a court in which justice is administered with ~ less cost to suitors than in any other, and this is a consideration of — TUESDAY, AUGUST 17, 1847 789 some importance. He differed widely from the gentleman from Wabash who had no sympathy for suitors. He had. For he bore in mind how often men were drawn into court against their wills, and when thus forced to defend themselves, he wished them to have the power to do it without being ruined by the expenses attendant on it. As to this matter of expense, the difference was marked between these two courts, the circuit and justices’. In the circuit court every cause must await its turn. The time when a case may be reached is uncertain. Suitors with a train of wit- nesses are, on that account, frequently kept for an entire week in anxious attendance, at much expense, and at great waste of time. In the justices’ court, on the contrary, the day and hour of trial is fixed, and at the time fixed the case is taken up, and, unless for cause is disposed of without delay or loss of time. In the justices’ court the merits of a case are developed and justice attained with as much and oftentimes more certainty than in the circuit court. The justice may determine the case or parties may have arbitrators or jurors as in the circuit court. In the circuit court, a case being entered upon, must be disposed of, there is no continuance allowed and if a suitor has neglected or omitted a link in the chain of his evidence he may suffer gross injustice and damage, whilst in the justices’ court, the justice, anxious to attain the merits of a case, will continue the cause, after entered into, till each party shall have furnished all his evidence and the case be fully and fairly presented. And thus more exact justice may be done in this court, though not done according to strict legal rules. If the justices’ court possess these advantages over other courts, the Convention should hesitate before [so] limiting its jurisdiction that it could not be extended in the future if necessary. There were cases over which its jurisdiction might safely now be extended. If neighbors have difficulties in their settlements in- volving the matter of several hundred dollars, and agree, in writ- ing, to refer the matter to a justice, there was no just cause why the justice should not determine it, enter up the judgment and, if necessary, by fixing a transcript, make it the judgment of the circuit court. So if a debter is willing to acknowledge in writing before a justice a judgment to his creditor for a like amount, he could see no reason why he should not have the power so to do, and ce et gh iy 790 + ~*ILLINOIS HISTORICAL COLLEC’ in the circuit court, and what was of equal or more. e impor the delay be avoided which might be of some five, six, or seven months till the holding of a term of the circuit court. Aa bers exhibited. He believed that, as a general matted uk reflected the will of their constituents, and if the defining of powers of justices were entrusted to them there would be little fear of its abuse. So long accustomed to see this a court of lin ited jurisdiction they would be slow to extend its powers. : would extend them only when it was found preferable to ot existing systems, and when, on that account, the extension fo) jurisdiction was demanded by the people. Mr. WHITNEY replied to Mr. Scates, and amen over same medical cases cited by that gentleman. He repea € his views as expressed yesterday, in support of the motion, | urged that he was unanimously instructed to do so. Mr. HAYES said, he agreed with the gentleman from Wab: that the jurisdiction now was large enough, but would vot any sum to be fixed permanently in the constitution, to prev future legislation. He repelled the indirect sneering thrown w the report of the committee on Law Reform, by the member fi Jefferson. He informed that gentleman that the reforms | tained in the report of that committee had received the supp and sanction of the ablest j jurists of the country. He challer session been a source of much delay and loss of time vat ing applications for its extension. He thought one hh dollars sufficient. He could see no benefit to the people in larging it; litigation would be increased, and persons hi greater than if the suit was originally entered in the circuit ‘ts He pointed out several instances where large sums based u TUESDAY, AUGUST 17, 1847 791 good and legal grounds were lost to poor men, in consequence of the ignorance and mistakes of justices of the peace. Mr. CAMPBELL of Jo Daviess said, he was opposed to strik- ing out, and opposed to inserting three hundred dollars, and would be in favor of reducing the jurisdiction of justices of the peace to fifty dollars. He agreed with the gentleman from Wabash, and it would strike any man who had been an observer of the proceed- ings of the last Legislature, that this subject should not be left open to legislation, to be called up at any time by some member elected exclusively upon this question. How many days did you sit here at the last session of the Legislature listening to a pro- tracted debate upon the question of extending the jurisdiction of justices of the peace? And, after all, the subject was left as it was before. This would always be the case. He did not agree with the gentleman that it would be economical to the people to raise the jurisdiction of the justices. What man who had a claim of two or three hundred dollars and who was defeated in a lower court, and was informed by a lawyer, that the decision would be reversed, would not take an appeal to a higher court? Litigation would be increased by an enlargement of the jurisdiction of jus- tices of the peace. Appeals would multiply, and lawyers’ fees and business would increase. He could see no advantage to the people by increasing the jursidiction, but he saw that the lower it was reduced the cheaper it would be to the people. For then they would institute suits which were of any importance in the circuit court, and they would be tried by judges in whose com- petency and judgment the people had confidence, and with whose decision they would rest satisfied. He thought this was so evident that every man could see it. As to the lawyers, there was not one whose business and profits would not be increased by the extension of the jurisdiction of the justices. Cases would increase, appeals multiply, and consequently their fees would be more numerous. As to the debate going on at the other end of the hall he had nothing to say, except that he was opposed to destroying the technicalities of the law; he was opposed to striking down the great fabric of the common law, which has been the pride and glory of the world for ages. He was opposed to striking away the foun- dation of human liberty—the great and glorious common law—for 391 ~‘ILLINOIS HISTORICAL COLLECTIO. when once shaken, once disturbed, the fabric will fall. He no desire to prejudice the report of the committee on Law Reform. — When that subject should come properly before them he, perha would say something about it; the report was creditable to author, as it would be creditable to any one, but he did not think 4 _ the reform was proper. It was much easier to destroy than ag build up, and in this question it would be found true. be Mr. KNAPP of Jersey replied to Mr. Scates, and defended the medical faculty, alluding severely to the nature and character of that gentleman’s remarks. 4 E Mr. SCATES disclaimed any intention ' attack the medical profession. Mr. KNAPP asked him to request the reset not to Santislel certain portions of his speech. a Mr. SCATES said, he would not do so; every ‘thing he had said had been matter of evidence in a court of justice, and he ¥ would take none of it back. He would also state that there was — no fear of his speeches being published; the reporters never re- ported him. He had made no arrangements with them for that — purpose. i Coa The question was then taken on striking out “‘one mete and decided in the affirmative—yeas 79, nays 65. ‘ 4 The question was then taken on inserting ‘‘three hundred, ie and rejected—yeas 51, nays 57. 4 Mr. DAVIS of Massac moved to insert ‘‘two undeedst on, x which the yeas and nays were ordered, and ress 11s , nays 73. a Mr. GREEN of Tazewell proposed ‘‘$50.’’ Mr. DAVIS of McLean proposed “‘$150.”’ Mr. DEITZ proposed ‘“$400.’’ Lost. The question was taken by yeas and nays on inserting ‘ “$1 150)" and decided in the negative. Mr. ROBBINS proposed ‘““$500.’’ Withdrawn. Mr. BOSBYSHELL proposed ‘‘$110.’’ “a Mr. BROCKMAN moved to reconsider the vote ae out ‘fone hundred;’’ and the Convention refused to reconsider—yeas 55, nays 81. 3 ——s) ; ’ ° x x te of TUESDAY, AUGUST 17, 1847 793 The question was then taken on inserting ‘‘$50”’ and ‘‘$100,”’ and they were rejected. Mr. CONSTABLE moved to reconsider the vote rejecting ““$200;’’ and the Convention refused to reconsider. The question recurred on striking out the words “‘not exceed- ing hundred dollars;’’ the yeas and nays were ordered thereon, and resulted—yeas 103, nays 29. Mr. DAVIS of Montgomery moved to insert after the word ““state,” in the first line, the words, “‘in such districts as the Legislature may direct;’’ upon which motion the yeas and nays were ordered, and resulted—yeas 123, nays 7. Mr. WOODSON moved to strike out the section, and offered a substitute, but subsequently withdrew it. Mr. GRAHAM offered a substitute for the section as amended, and it was rejected. The section was then adopted. Src. 20. There shall be elected, by the qualified electors of this state, one attorney general, who shall hold his office for the term of four years, and until his successor shall be commissioned and qualified. He shall perform such duties and receive such compensation as may be prescribed by law. Mr. CONSTABLE moved to strike out the section. The office, said he, under the judicial system adopted by the Conven- tion, was unnecessary. Under that system the circuit attorney for the state in that district where the seat of government may be, can be appointed the constitutional adviser of the Governor, and the state’s prosecuting attorneys in the several circuits might be required, by the Legislature, to follow their cases up to the supreme court in their districts. The question being taken, the section was stricken out. Sec. 21. There shall be elected in each of the judicial circuits of this state, by the qualified electors thereof, one prosecuting attorney, who shall hold his office for the term of four years, and until his successor shall be commissioned and qualified, who shall perform such duties and receive such compensation as may be prescribed by law. Mr. ARCHER moved to add thereto: “Provided, that the Legislature may hereafter provide by law for the election, by the qualified voters of each county in this state, of one prosecuting ney ate RES? BS: 494 ‘ILLINOIS HISTORICAL COLLECTIO , attorney for each county, in lieu of the circuit attonnene rc for in this section. The term of office, duties and com of which county attorneys shall be regulated by law.”” of the people i in each county, and they are meals acs ; at the examining courts. There, when a man is arrested on " any criminal charge, there is no person near to attend to the interests of the people. In case the criminal is called upon enter into recognizance, there is no one there to represent t people, and secure sufficient bail to require his appearance a court, and thus many criminals were suffered to iy 6 iy . mere want of such an officer. . On motion, the Convention adjourned till 3 p.m. “AFTERNOON prdered. When a quorum appeared, Mr. JACKSON moved a suspension of the rules, to enable to offer a resolution; which motion was withdrawn. i The question pending at the adjournment was on the amen ment offered by Mr. ARcHER. R Mr. PRATT said, that every one, he thought, should see t necessity of a prosecuting attorney in each county of the state and that the salary for the office should be sufficient to command the best talent. The salary of three or four hundred dollars f circuit attorney, for a man who is to travel around the circuit, absent from home for some time, and attend to the’ business of state, has not been a sufficient remuneration. And all will admi the truth of the fact, that the men of talent who have taken - n office of circuit attorney in the state, have done so, not so muc. for the salary or the service to the people, but for the purp making it a stepping stone to higher offices—to judgeships, Congress. This, sir, has been the fact, at least it has in the coun prosecuting attorney. The circuit attorneys cannot have necessary acquaintance with the people, their morals, the stat TUESDAY, AUGUST 17, 1847 795 society, and the character of the parties concerned in the case. In many cases a nolle prosequi had been entered where, if the pros- ecutor had been acquainted with the circumstances, with the prosecuted, and the witnesses, this course would have been resisted, and criminals would have been brought to justice. When crim- inals were arrested they were generally carried before the examin- ing court, where the feelings of the people, and the witnesses and friends of the party were all in favor of the accused, and there was no party present to attend to the interests of the people—to bring the party to trial. Mr. PALMER of Marshall opposed the amendment. A county attorney would have too much sympathy for the people in the county, to become an efficient officer. Mr. DAVIS of McLean thought that a circuit attorney—a talented one—would be much better than county attorneys. Mr. BROCKMAN was in favor of the amendment. In his portion of the country, of late, the district attorneys did not, it seemed, think it worth their time to come there, and the court generally selected some of the lawyers to act. If this was to be the case, the people may as well have the privilege of electing one. The question being taken by yeas and nays on the amendment, it was adopted—yeas 77, nays 61. Mr. THOMAS opposed the section as amended, and hoped it would not be adopted. Mr. ARCHER replied, and urged, again, the necessity that would arise hereafter, in consequence of the great increase of popu- lation and business, for these county prosecutors. Mr. KNOWLTON opposed the section. He was in favor of the circuit attorneys. It may have been the case that no good ones had ever been appointed to the Jo Daviess circuit, but such was not generally the fact. They had had very competent men in his circuit. He considered that none, but young practitioners, or old ones, not qualified either by education or talent to know their profession, could be induced to take the office of county pros- ecutor at the salary of one hundred dollars; and-in such case the state would never be able to convict, particularly with the talent of the bar in the defence. Mr. DAVIS of Montgomery said, he had examined the section, was only giving the Legislature power to meet the wants of the people. He had never known any very distinguished talent filling the office of circuit attorney, none but what as good would be found for the office of county prosecutor. The office was gener- ally taken by young men who desired to become acquainted with | il the people, and get into practice; as soon as this was accomplished — * they gave way to others. He thought he saw many benefits aris- “q ing from this office. His own county would have saved money if ‘ she had had such an officer to attend to her business, and attend to have good and sufficient sureties on bonds given by her officers. This was the case in many other counties, and he hoped the section f would be adopted. 7 Mr. SERVANT offered an amendment, that the salen of the ; 4 officer should be fees, to be collected from the convicts, and in no . case to exceed five dollars. ay Mr. CAMPBELL of Jo Daviess was opposed to the section, and opposed, particularly, to the amendment of the gentleman from Randolph. He was opposed to fixing the prosecuting attor. ney’s pay in fees. He would as soon think of making the judge’s salary to be collected in fees. What would it produce? Why — these prosecuting attorneys would go mousing about the county or cities—particularly in the cities—and he would ferre out every petty violation of the criminal code; he would make ‘up 9 a case, hunt up some witnesses, carry them before the grand jury, — and the party would be indicted. The criminal would employ a — lawyer to defend him, pay him fifteen or twenty dollars, and t case would come into court, and then the party would compromise : the case by paying the attorney his fee. This would be anything but creditable. He was in favor of a circuit attorney, to be paid a liberal salary; such a one as would command the best talent the circuit. If an attorney was chosen in each county, no lawyer, except one just commencing business, or one whom the people would not entrust their business with, would be induced to take the office. No lawyer, for the pitiful sum of one hundred dollars = a ‘ TUESDAY, AUGUST 17, 1847 797 a year, would give up the practice of defending accused persons, whereby, if he had any talent, he could make a living. It would be opening the door to corrupt practices on his part, for he cannot otherwise make a living. It was not true that in the Jo Daviess circuit they never had competent circuit state attorneys. They had many eminent men there who had held the office—one of them was now the Lieutenant Governor of the state, another was, at present, the representative of the district in Congress, and another was clerk of the canal board, at a salary of $1,000. And com- petent men could still be found to take the office. Mr. WITT moved the previous question; which was seconded. The question was then taken on the amendment of Mr. SER- VANT, and it was rejected. The question recurred on the adoption of the section, as amended, and [was] decided, by yeas and nays, in the afirmative— yeas 88, nays 49. Sec. 22. The qualified electors of each county in this state shall elect a clerk of the circuit court, who shall hold his office for the term of four years, and until his successor shall be commis- sioned and qualified, who shall perform such duties and receive such compensation as may be prescribed by law. The clerk of the circuit court in the county where the supreme court shall sit, shall be clerk of the supreme court. Mr. THOMAS moved to strike out all after ‘‘law.”’ The question was taken thereon, and decided in the affirma- tive—yeas 57, nays 56. Mr. THORNTON moved to strike out ‘‘commissioned’’ and insert ““elected;’’ carried. Mr. MARKLEY moved to reconsider the vote striking out all after the word “‘law’’ and the motion was rejected. Mr. THOMAS moved to add to the section: ““Provided, that no person shall be eligible to the office of clerk of any circuit court who shall not have obtained a certificate from the supreme court, stating that he is qualified to perform the duties of his office.”’ Mr. AKIN moved to lay the amendment on the table; carried— yeas 75, nays not counted. Mr. WHITESIDE offered the noe to be adc d section: pensation shall be provided by law.’’ The question being taken thereon, it was adopt yeas 6% nays 43. The question Secures on the adoption of the section, as amended, and it was adopted. Mr. MARSHALL of Mason moved the following as additional sections, and they were adopted. ow ‘*All judges, clerks, justices of the peace, and prosecutin a, attorneys shall be commissioned by the Governor.’’ + “All process, writs, and other proceedings, shall run in the ‘ name of: “‘The people of the state of Illinois.’’ All prosecution: shall be carried on: ‘‘In the name and by the authority of the peop of the state of Illinois,’ and conclude: “‘against the peace and dig: nity of the same.’ 4 Mr. MARKLEY offered an additional section, providing for the election of the judges by general ticket, and that such sectio and section 3, (the district system,) shall be submitted to th people for a separate vote; the one receiving the greater vote t become a part of the constitution. Mr. NORTHCOTT moved to lay it on the table; which mot by yeas and nays was decided in the affirmative—yeas 72, nays 57. Mr. PRATT offered an additional section, which was Lor are, as follows: Ans ‘The Legislature may authorize the judgments, decrees can decisions of any local, inferior, court of record, of original, civil o criminal jurisdiction, established in a city, to be removed for view directly into the supreme court.’ Mr. THORNTON moved to reconsider the vote by which 1 6th section was adopted. Carried—yeas 60, nays 53. Mr. LOGAN moved to reconsider the vote ordering the pre vious question thereon; and it was reconsidered. Mr. THORNTON oven to strike out all of the section, s so as to have it read thus: ‘“The supreme court shall hold one term TUESDAY, AUGUST 17, 1847 799 annually in each of the aforesaid grand divisions, at such time and place, in such divisions, as the General Assembly shall by law direct.”” On which motion the yeas and nays were ordered, and re- sulted—yeas 89, nays 48. Mr. MARKLEY offered a proviso: ‘‘that after 1855 the Legis- lature may direct, by law, that said court shall be held in each judicial circuit.’” The question was taken thereon, by yeas and nays, and decided in the negative—yeas 40, nays 86. ‘The Convention then adjourned till to-morrow at 8 o'clock. 5 , Ny Sat ve LVIII. WEDNESDAY, AUGUST 18, 1847 Mr. CHURCHILL, from the special committee on Agricul- ture, &c., presented two reports—a majority and minority report; _ which were laid on the table and ordered to be printed. Mr. KNAPP of Scott, from the committee on Law Refor: made a report; which was laid on the table and ordered to be printed. , 4 THE JUDICIARY Mr. HARVEY offered the following, to be ak to the 6 section: ““Provided, that after the year 1850, the General Aaa may provide by law that a term of the supreme court shall be he in one or more places in any of the said grand divisions, if in th opinion the public good requires it.’ ‘ The yeas and nays were ordered thereon, and pesultad oa 55, nays 77. . Sec. 7. The state shall be divided into twelve jade d tricts, in each of which one circuit judge shall be elected by qualified electors thereof, who shall hold his office for the te: of six years, and until his successor shall be commissioned a qualified; Provided, that the Legislature may increase the nui ber of circuits to meet the future exigencies of the state. Mr. ARMSTRONG moved to strike out ““twelve’’ wo districts, and insert ‘‘nine.’ - a Mr. WHITNEY said, that he was in favor of reducing it to nin circuits, because he had given the subject of the judiciary and t action of the Convention upon it considerable attention. ‘ile h 800 WEDNESDAY, AUGUST 18, 7847 801 amounted to $40,000. Then came the justices of the peace for each _ county—one to be chosen from each precinct—say eight in 7 each county—to whom he allowed $1.50, half the price of that allowed at present to the county commissioners’ court—and say they sit one hundred days in the year, and their pay would amount to over $19,000 per annum. Add to this the fees for the probate business, which were not included.—Whole cost, including the pay of the supreme and circuit judges, and it amounted to the enor- mous sum of $75,000 a year, to be paid by the people for one branch of the government. The only credits to go to this account, the only reductions from the cost of the present system were— $300 on the salary of each of the supreme judges, making $2,700 and the cost of the county commissioners’ court, of $2,400; mak- ing the sum of $5,100—leaving an increase in the cost of our new system over that at present in force of $70,300, a sum which he thought should be sufficient to pay the whole expenses of the gov- ernment of the state. The people looked at this matter, and would consider it long before they would vote for its adoption. He hoped the number would be reduced, and that the cost of the judiciary may be reduced. He did not desire to leave here with any prejudice against the new constitution, but these matters were well calculated to make a man pause before he gave his sanc- tion to any such system, requiring such a great amount of taxation to support it. Mr. SCATES asked a division of the question, so as to vote first on striking out. He made some remarks to show that the question should be divided; after which, the Convention refused to divide the question. The question was then taken on the amendment, and it was carried. The section was then adopted. Mr. DAVIS of McLean moved to reconsider the vote, but sub- sequently withdrew the same. Sections 8 and 9 were adopted, as follows: Sec. 8. There shall be two or more terms of the circuit court held annually in each county of this state at such times as shall be provided by law, and said courts shall have jurisdiction in all Sane and insert ‘“$1,500.’’ The question was taken by yeas < 802 ILLINOIS HISTORICAL C COLLECT! 0. cases at law and equity, and in all cases of ae ferior courts. Sec. 9. All vacancies in the supreme and circuit. be filled by election as aforesaid; Provided, however, ' unexpired term does not exceed one year, such vacancy filled by executive appointment. ch RRS as Section Io was taken up— Sa iae Src. 10. The judges of the supreme court shall eC salary of twelve hundred dollars per annum, payable and no more. The judges of the circuit courts shall - te salary of one thousand dollars, payable quarterly, and no The judges of the supreme and circuit courts shall not h other office or public trust in this state, nor the United during the term for which they are elected, nor for one year t after. All votes for either of them for any elective office (e that of judge of the supreme or circuit court) given C eral Assembly, or the people, shall be void. “ral Mr. SCATES offered an amendment; which was reje Mr. EDWARDS of Madison moved to strike out “ and decided in the negative—yeas 44, nays 104. Mr. HOGUE moved to strike out ‘‘$1, 200” and *‘$1,000.’ 7 a Mr. SIBLEY moved to strike out “gng0o nd ‘ “$1,400.” ma The question was taken and rejected. The question ° taken by yeas and nays on the motion of Mr. Epa ‘a rejected—yeas 50, nays 86. i Mr. CAMPBELL of Jo Daviess moved to strike | the words ‘‘no more,’’ where they occur the second ti In making the motion, Mr. C. said, that he would reasons for the motion in a few words.—He would not ha the motion had anything like an adequate salary been all judges of the supreme and circuit courts. But inasmuch had allowed them merely enough to live upon, he consid unjust to cut them off from holding any other office wh ambition might desire, or the people should feel disposed them to. He could see no reason why they should be 3 WEDNESDAY, AUGUST 18, 1847 803 political preferment because they were judges of the state, and had the miserable salary we have allowed them. This was digging deep the grave of every man who would take the office and who had any aspirations to higher posts, or whom the people might desire to elevate, and that, too, without allowing him sufficient salary to pay for a decent grave after death. He doubted much the constitutionality of the provision, and was of opinion that it would be inoperative—a dead letter—The Senate of the United States would never inquire into the constitution of the state of Illinois, when called upon to appoint a man to any office; nor would either house of Congress ever ask a man who [had]come there with a certificate of his election, whether the constitution of his state allowed its judges to be chosen to any other office. The only question asked him would be, was he eligible, under the constitution of the United States? And if he were, then any pro- vision in the constitution of the state to the contrary would be disregarded. He opposed this part of the section on these grounds, and hoped it would be stricken out. He viewed it as forever denying men of mind or talent, of reputation and ability, the office of judge; for no man would ever take the office if every other door to honor and preferment was to be closed to him in consequence. He considered this provision in the constitution as forever exclud- ing from the bench in this state talent, and securing stupidity. Mr. CONSTABLE said, he agreed with the gentleman from Jo Daviess that this provision was of but ‘little use, and that it would never be operative, but still he would vote against striking out. The question was taken by yeas and nays on the motion to strike out, and decided in the negative—yeas 25, nays 110. Mr. WEST moved to strike out ““$1,000,’’ and insert ““$1,200.”’ Mr. PALMER of Marshall moved to strike out ‘‘$1,000’” and insert ‘“$800.’’ The motions were both rejected, by yeas and nays. The first vote standing—yeas 36, nays 101; the !atter—yeas 50, nays 86. Mr. SINGLETON offered an amendment; (which we did not hear) and it was rejected. The previous question was ordered and the section was adopted. Sec. 11. No person shall be eligible to the office of judge of 804 any court of this state who is not a citizen of the Unit and who shall not have resided in this state two years ne ceding his election, and who shall not, at the time of his « reside in the division, circuit or county in which he shall be years. And no person shall be eligible to the office of judge of t circuit court until he shall have attained the age of thirty y ars. Mr. CAMPBELL of McDonough moved to strike out years,” and insert “‘five years.”’ Carried. Mr. KENNER moved to amend by adding after “elec ed ‘two years preceding his election;’’ which motion was carried. Mr. ARMSTRONG moved to add: ‘‘and who shall not ha paid a state or county tax;’’ on which motion the yeas and n ne were ordered, and MS Ta 47, nays 95. The section was then adopted. Mr. LOGAN offered, as additional sections, the felon Sec. —. County judges, clerks, sheriffs, and other cor officers, for wilful neglect of duty, or misdemeanor in office, sh be liable to presentment or indictment by a grand jury, an by a petit jury, and upon conviction shall be removed from Sec. —. The election of all officers, and the filling of all vaca cies that may happen by death, resignation, or removal, not : wise directed or provided for by this constitution shall be in such manner as the legislature shall direct; Provided, bie such officer shall be elected by the Legislature. Sec. —. The first election for justices of the supreme c and judges of the circuit court, shall be held on the first Monc of October, 1848, after the adoption of this article. — . Sec. —. The second election for one justice of the supre court shall be held on the first Monday of June, 1852; and ever three years thereafter an election shall be held for one Be the supreme court. Sec. —. On the first Monday of June, 1855, and Seay six year thereafter, an election shall be held for judges of the c cuit courts; Provided, whenever an additional circuit is such provision may be made as to hold the second election of su additional judge at the regular election herein provided. WEDNESDAY, AUGUST 18, 1847 805 And the question being taken thereon, the same was adopted. Mr. CAMPBELL of Jo Daviess offered, as an additional sec- tion, the following: Sec. —. There shall be elected in each county in this state, by the qualified electors thereof, a sheriff, who shall hold his office for the term of two years, and until his successor shall be elected and qualified; Provided, that no person shall be eligible to the office more than once in four years. Messrs. Davis of Montgomery, CAMPBELL and Morcan sup- ported the amendment, and Messrs. Brockman and Bonp opposed it. Mr. WEAD advocated the term of four years, and moved to strike out ““two’’ and insert ‘‘four;’’ and the same was rejected— yeas 40, nays 68. Mr. AKIN moved a proviso. Mr. PRATT moved the previous question; which was seconded. The proviso was rejected. And the Convention adiourned till 3 Pp. m. AFTERNOON The Convention was called twice, and no quorum appeared. The absentees were sent for, and at 25 minutes past three a quorum appeared. The question pending at the adjournment was on the section proposed by Mr. Campse tt of Jo Daviess. Mr. ATHERTON moved to strike out “‘two years,’’ and in- sert “‘three.”” Withdrawn. Mr. WEST moved to amend the proviso, so as to make it read: “*Shall not be eligible to election more than four years in any six.”’ Mr. McCALLEN supported the amendment, because the office of sheriff for two years only would make the office of no value to the sheriff. Mr. DAVIS of Montgomery replied, and urged the adoption of the section as first presented. The question was taken on the amendment, by yeas and nays, and decided—yeas 46, nays 93. Mr. ECCLES moved to amend, by striking out ‘‘two years’’ and inserting ‘‘four;’’ and the same was rejected. BANS hitiaad a eats SWUNG abhi | ae a all te Sb, y mK fa ek! whens a Re ie x ra S35 : oN , ‘ 806 The question was taken on the section, and aie yeas IOI, nays 45. wails was adopted. Sec. —. The clerks of the supreme and circuit courts s, state’s attorneys, shall be elected at the first special electio n | judges; the second election for clerks of the Supreme court sh be held on the first Monday of June, 1855, and every sixt thereafter. The first election for clerks of the circuit « x in what manner, the judges of the county courts of this s clerks of courts, justices of the peace, and prosecuting ato’ and other county officers, may be removed from office. A vote was taken thereon—yeas 57, nays 49- No quo: voting. i Mr. ECCLES offered the following, as a substitute ther : ‘‘There shall be elected, at the general election in each in this state, by the qualified electors, a coroner, survey: collector. Also, in each justice’s district a competent numbe: constables, who shall hold their offices for the term of four ye and until their successors are elected and qualified, whos shall be prescribed by law.’’ : And the substitute was rejected—yeas 29. The question was taken on the section of Mr. Weap was rejected. ‘i 3 Sec. 12. Any judge of the supreme or circuit court. removed from office by address of both houses of the Ge: e Assembly, if two-thirds of all the members elected of eac concur therein. Mr. LOCKWOOD moved to strike out the section, ad the following; which motion was carried: “‘For any reasonable cause, to be entered on . the j jou each house, which shall not be sufficient ground for impe both justices of the supreme court and judges of the circu shall be removed from office on the vote of two-thirds of th WEDNESDAY, AUGUST 78, 1847 807 _ bers elected to each branch of the General Assembly; Provided, _ always, that no member of either house of the General Assembly shall be eligible to fill the vacancy occasioned by such removal; Provided, also, that no removal shall be made unless the justice _ or judge complained of shall have been served with a copy of the complaint against him, and shall have an opportunity of being heard in his own defence.”’ The section, as amended, was adopted. And, on motion, the article was referred to the committee on _ Revision. BANKS Mr. WEAD, from the select committee to whom had been referred the petition of sundry citizens of Fulton county, praying a prohibition of banks, and of the circulation of foreign paper, reported the following article: ARTICLE— Sec. 1. The Legislature shall pass no law creating any bank or banks, or authorizing the issue of bank paper; and shall pro- hibit, by adequate penalties, the circulation of all bank paper in this state. Sec. 2. The Legislature may provide by law that, at the expiration of ten years from the adoption of this constitution, the qualified electors of the state may vote for and against banks; if a majority of the votes so cast shall be ‘‘for banks,’’ then this article shall be abolished, if otherwise, this article shall be in force ten years more, when the same question may be again submitted in the same manner, and with the same effect. Sec. 3. This article shall be separately submitted to the qualified electors of this state for adoption or rejection, at the same election, and in the same manner, with the amended con- stitution. If this amendment shall receive a majority of all the votes cast for and against it at such election, then the same shall become a part of the constitution of this state, and supersede all other provisions upon the same subject. The same being before the Convention— Mr. CAMPBELL of McDonough moved the previous ques- ' tion; which was ordered. 808: ILLINOIS HISTORICAL COLLECTIONS questine cars should be given for consideeamere Faas.” Mr. CALDWELL said, the question had already been sidered, and the gentleman from Sangamon must be familiar wit the subject by this time. He hoped it would be settled at o The Convention refused to reconsider. Mr. PRATT demanded the yeas and nays; which were order The question being taken on the adoption of the section, sulted as follows: Yeas—Akin, Allen, Archer, Armstrong, Blair, Balli Brockman, Bosbyshell, Brown, Crain, Caldwell, Campbell Daviess, Campbell of McDonough, Carter, F. S. Casey, Za Casey, Colby, Constable, Cross of Winnebago, Cloud, Chure Dale, Dunn, Frick, Henderson, Hill, Hogue, Hunsaker, ne James, Jones, Kreider, Lasater, Laughlin, Lenley, McCully, 0 | Clure, McHatton, Manly, Markley, Moffett, Moore, M Nichols, Oliver, Pace, Palmer of Macoupin, Pratt, Peters, - ney, Powers, Robinson, Roman, Rountree, Scates, Sta Shields, Sim, Simpson, Smith of Gallatin, Thompson, T Tutt, Vernor, Wead, Webber, Williams, Whiteside—68. Nays—Adams, Anderson, Atherton, Choate, Church, D of Montgomery, Dawson, Deitz, Dummer, Dunlap, more, Edwards of Madison, Edwards of Sangamon, E Graham, Geddes, Green of Clay, Green of Jo Daviess, Green Thee Grimshaw, Harding, Harlan, Harper, Harvey, Hai Hawley, Hay, Holmes, Hurlbut, Jackson, Judd, Knapp of J Knapp of Scott, Kenner, Kinney of Bureau, Knowlton, Lander, Lemon, Lockwood, Logan, Loudon, McCallen, Ma he of Coles, Marshall of Mason, Mason, Mieure, Miller, Minsha Palmer of Stark, Rives, Robbins, Sharpe, Swan, Spencer, Servan Sibley, Smith of Macon, Shumway, Thomas, Thornton, T Tuttle, Vance, West, Witt, Whitney, Woodson, Worcester—6 Absent—Blakely, Bond, Bunsen, Butler, Canady, Cross ; Woodford, Davis of McLean, Davis of Massac, Dement, E nc son, Evey, Farwell, Gregg, Hayes, Heacock, Hoes, Jenki Kinney of St. Clair, Kitchell, Matheny, Northcott, No Sherman, Singleton, Turnbull. ie WEDNESDAY, AUGUST 18, 1847 - 809 Mr. SERVANT moved to take up the report of the select committee on Commons. Carried. It was read and adopted as follows: “Sec. —. All lands which have been granted, as a “‘Common,” to the inhabitants of any town, hamlet, village or corporation, by any person, body politic or corporate, or by any government hav- ing power to make such grant, shall forever remain common to the inhabitants of such town, hamlet, village or corporation; but the said commons, or any of them, or any part thereof, may be divided, leased or granted, in such manner as may, hereafter, be provided by law, on petition of a majority of the qualified voters interested in such commons, or any of them.”’ Mr. ARMSTRONG moved to take up the report of the com- mittee on Revenue as amended. Carried. Mr. HAYES asked leave to record his vote on the question of banks, just decided; he was absent at the time and would like to record his vote. Objections were made, and the Chair put the question—Shall the gentleman be permitted to vote? Mr. EDWARDS of Sangamon raised a point of order, could the gentleman be allowed to vote after the result was announced, if so, why not allow every man who was absent to record his vote _ to-morrow or whenever he should come in? The PRESIDENT said, that after the vote he would make a decision. The vote was taken, and resulted—yeas 39, nays 54. The PRESIDENT ruled that the gentleman was precluded from voting under a rule of the Convention, and to allow him to vote required two-thirds; two-thirds not voting therefor, he could not vote. The Convention then resumed the consideration of the revenue report, section after section. The committee proposed to strike out all inserted in parentheses, and insert what is given in italics. Sec. 1. The Legislature (shall) may cause to be collected from all able-bodied free white male inhabitants of this state, over the age of twenty-one years and under the age of sixty years, who are entitled to the right of suffrage, a capitation tax of not less than fifty cents nor more than one dollar each, when the Legislature may deem seminary funds; and if in any year there shall remain any of said tax, after the payment of the interest due for tha such balance shall be paid into the state treasury.) The question being on concurring with the committee o whole on striking out “‘shall’’ and inserting “‘may’’ in the line, PRN ale Mr. WOODSON demanded the yeas and nays. committee to that effect; but he would now vote for ‘ shal” b such was the universal voice of his county. Mr. HAYES said, as this is one of the questions in have taken much interest, I desire to define my position . the vote may be taken. I then supported, instructed the committee on Revenue we an article giving the Legislature power to impose a poll tax the next General Assembly, would express that opinion befor people, and if aed would endeavor to carry it out. Ce, tion to tax the people. That is their own right—to hes exerc at their discretion through their representatives in the Ger Assembly. Let them hold the purse-strings of the state. not right to levy a tax upon the people by engrafting in the: oneal law a provision that it shall be levied. I repeat I am opposed to any and every proposition to ii a tax by a constitutional provision. I shall, therefore, vo concur in the amendment made in committee of the whole 5 4 ——— nt Me WEDNESDAY, AUGUST 178, 1847 SII ing out “‘shall’’ and inserting ‘‘may’’ in the first section of the report. Mr. ARCHER was opposed to the poll tax.upon principle, but would vote for the word “‘may’’ as acompromise. The people of his county were divided on the subject, and he would vote for giving the Legislature power to levy the tax when the people desired it. The word ‘‘shall’’ should never have been in the article; it was reported against the express instruction of the Con- vention to the committee, and he hoped that it would never be replaced. Mr. THOMAS opposed the last amendment of the committee— the striking out of the last part of the section—in parenthesis. Mr. KNOWLTON was in favor of a poll tax upon principle. Mr. HUNSAKER moved the previous question; which was seconded. The question was taken by yeas and nays on agreeing with the committee of the whole in striking out “‘shall’’ and inserting “‘may’” and resulted—yeas 96, nays 42. The yeas and nays were taken on concurring in the insertion of the words, ‘‘who are entitled to the right of suffrage,’ and resulted—yeas 78, nays 52. The other amendments were concurred in, and the section as amended, was adopted. - On motion the Convention adjourned till to-morrow at 8 A. M. LIX. THURSDAY, AUGUST 109, 1847 Prayer by Rev. Mr. BerceEn. Mr. GREGG, from the select committee of twenty-s appointed to apportion the state into 25 senatorial and 75 repre- sentative districts made a report. Mr. DAVIS of McLean said, he hoped it vee be laid 0 table and ordered to be printed. Mr. GREGG thought that it may as well be phages no’ and adopted or rejected; members were familiar with the co composing each district, and were as ready to vote now as at a other time. He had no particular objections to the ae bu he saw no use in delaying the matter. teins Mr. KNOWLTON said, he would not vote for any thing he had had time to examine it. It had not been read yet, an still a desire was expressed to have it passed through the Cot vention. Hehoped it would be printed [so] that everyone could s how their districts were made up. At present no one a on the committee knew anything about it. Mr. BALLINGALL hoped it would be printed. He mo that 250 copies be printed. abe could understand it sufficiently ae by hearing i it rez say whether he would vote for it or not. The question was taken on the motion to print, and rest yeas e nays 67. talenc It was evident, he thought, that members shold an opportunity to examine the subject before voting upon it. further action be had upon it; they should at least know a tl were disputing about. ; The report was read by the Secretary. : The question was then taken on reconsideration, and result yeas 65, nays 71. ‘ igh 812 i THURSDAY, AUGUST 79, 1847 813 Mr. CALDWELL moved that that portion of the report, dis- tricting the counties composing the third judicial circuit be referred to a select committee of nine. At the last meeting of the committee, a change had been made in the districts, embraced in that circuit, and he hoped they might have an opportunity to restore it ‘to the position it had before. Mr. McCALLEN hoped the motion would prevail. This was a subject in which the people were deeply interested, and one in which every member had an interest, and he could not see why the committee should desire to rush their report, of which none knew anything but themselves, through the Convention without the least time for examination or consideration. He would vote against it if compelled to vote now. Why did the committee oppose the printing? Why were they afraid to have members examine their work? Their very haste and anxiety to have this matter rushed through the Convention, to force it upon members, would induce him to pause before voting for it, and to insist upon its being printed. Mr. DAVIS of Massac hoped the motion made by the member from Gallatin would prevail. The report of the committee, in relation to the counties embraced in the third judicial district, had been agreed upon and considered settled to the satisfaction of every delegate from that circuit; but at the last meeting, one member of the committee moved a reconsideration in order to make some alteration in respect to his own county. This was acceded to, but, in the absence of the other members from the circuit, not only was a change made to suit that one member, but in doing so, they had gone on and changed every district, senatorial and representative, in the circuit. The change we assented to, was in the district composed of Jefferson, Wayne and Marion, and he at the time considered it was to have gone no farther. He hoped the motion would prevail, and that the circuit might be constructed to suit the majority of its members, and not one single delegate. Mr. HOGUE said, he was the ‘‘one member’’ alluded to by the gentleman from Massac. He had made the motion to recon- sider because under the first arrangement he found Wayne county put out of its proper circuit, and taken away from those counties there was a community of feeling and interest. He had r movement in justice to his own county, and lar es in the community. The PRESIDENT edid} that upon reflectiag hee co the motion to refer a portion of the report to be out of ord Mr. EDWARDS of Madison moved that the report be d the table, and 200 copies be ordered to be printed. OA Mr. HARDING moved the previous question. — Mr. Z. CASEY moved the report be laid on the table. a 2 Mr. EDWARDS moved that 200 copies be printed. Carrie Mr. LOGAN presented the report of the select committe nine, appointed to divide the state into three divisions for judi ! purposes; which was read. mn Mr. LOGAN moved that the report be amended so as ‘th Clark and Cumberland counties be added to the middle div’ io instead of the southern. He said that he made the motion at tl unanimous suggestion of the delegates from the southern divi And the motion was adopted. "3 Mr. MARKLEY moved that the report be laid on ‘the tab and 250 copies ordered to be age Agreed Bie nay 58. of the committee on Revenue. i! Sec. 2. The Legislature shall provide for. Leeann a valuation, so that every person and Aikiiboales te se at (in each county in the state), in such manner as the ie | shall direct, and not otherwise; but the Legislature shall have power to tax peddlers, auctioneers, brokers, hawkers, merci commission merchants, showmen, jugglers, inn-keepers, gre keepers, to/l-bridges, and ferries, and persons using and ex franchises and privileges, in such manner as they mic fro to time direct. | Mr. WOODSON moved to amend the same e by prefing 1 to, as a separate section, the following: r. , = , : J of aP aS. 6 Se THURSDAY, AUGUST 79, 7847 815 ““Sec. —. The General Assembly shall cause to be collected from all free white male inhabitants of this state over the age of twenty-one years and under sixty years, a capitation tax of not less than fifty cents, nor more than one dollar annually, to be applied as the Legislature may direct. Said tax to continue until _ the payment of the public debt of the state. ““Sec. —. At the election to which shall be submitted the constitution to the people for their ratification or rejection, a separate poll shall be opened for and against a poll tax, and if a majority of those voting on said question shall be in favor of such tax, then the foregoing section shall stand in lieu of the first section; _but if a majority of the votes polled shall be against the poll tax, then the said first section shall not be and remain a part of this constitution.’’ Mr. SCATES reminded the house that every proposition that had been offered to be submitted to the people separately had been voted down. If in order, he would move, as an amendment to the amendment, the alternate proposition of bank or no bank. Mr. GREGG said, that he wished merely to express his sincere hope that the amendment of the gentleman from Greene would not be adopted. On a former occasion he had explained his views on the subject, and did not intend to take up the time of the Con- vention now. He regarded a poll tax as wrong in principle, and unjust, grossly unjust, and oppressive in its operation. It was, he thought, anti-republican and contrary to the whole spirit of our institutions. Entertaining this view, he would vote for no proposition for a poll tax. It could not be presented in any phase or shape so as to be acceptable to him. He was opposed to it under all circumstances, and he trusted the Convention would not subject the people to the necessity of rejecting a measure which they could not but regard as an infringement of their rights, and a violation of justice. Messrs. PETERS, SHIELDS, PALMER of Marshall and McCat_en expressed themselves in favor of a poll tax. Mr. ATHERTON moved the previous question; which was ordered—yeas 59, nays 51. The question was taken, by yeas and nays, on the amendment of Mr. Woopson, and it was rejected—yeas 61, nays 77. 816 ILLINOIS HISTORICAL COLLECT. The section was then adopted. ‘*The property of the state and roanaeel both real and sae and such other property as the Legislature may deem eg . 7? from pea a Mr. WOODSON offered as an additional section to. sada a section three, the gulend mene just rejected, modified by the > omission of the word ‘‘not,’” where it last occurs. Mr. CAMPBELL of Jo Daviess addressed the Convene if opposition to the poll tax. He opposed it upon every ground and principle of justice, and opposed it more particularly in its present — shape. He thought it time for gentlemen to stop in endeavors to - engraft these odious federal measures upon the constitution. — Already there had been adopted a banking system which could ~ not be shaken off, but which like the shirt of Nessus would stick _ to us forever. We had compromised on every subject, had given up everything, and such was the pertinaclitly of gentlemen 1 urging these unjust measures that longer concession would be ~ degradation. He would yield no more. The Convention had placed unwarrantable restrictions upon the right of suffrage, i. had adopted measures, the tendency of which would be to exclude a foreigners from emigrating to our state, had adopted a sort of piebald judiciary, the like of which was never heard anywhe: else, and which no other set of men could be found to adopt, and — still they were not satisfied, but desired to force upon us this poll tax which has been voted down again and again. He warne gentlemen to pause in their course, to stop in their reckless endeavors to fasten these odious principles upon the constitution. They offer it now as a separate section to be voted upon by the people, and talk loudly of the right of the people to be heard upo the subject. A new light, it seemed, had broken upon them. Where was their principle yesterday when we proposed prohibitiot of banks to the people? Where has all this peculiar respect fc the wishes of the people been during the past months of the Con- a vention? Why did they refuse to present to the people the isolated - . THURSDAY, AUGUST 19, 1847 817 question of bank or no bank? But thisis a favorite measure of these gentlemen, and having failed here in engrafting it upon the con- stitution, they desire to try it before the people, and forever fasten upon us a constitutional poll tax. He hoped it would be voted down. Mr. AKIN moved that the amendment be laid on the table. On which motion the yeas and nays were ordered, and resulted _ yeas 71, nays 71; rejected. Messrs. Haves, Davis of Massac, Davis of Montgomery, and Parmer of Macoupin continued the discussion in favor of a poll tax, and Messrs. ScaTEs, FARWELL and ARCHER in opposition to it. Mr. ATHERTON moved the previous question; which was ordered. And then, on motion, the Convention adjourned till 3 p. M. AFTERNOON The question was taken by yeas and nays on the amendment of Mr. Woopson, and it was rejected—yeas 61, nays 76. The section was then adopted as given above. Section 4 was read. It is the long provision submitted by Judge Lockwoop some weeks ago, and published then in the pro- ceedings, in relation to the mode of collecting taxes, and present- ing the requisites for the valid sale of land for taxes. Mr. DAWSON moved to amend, by adding the following as an additional section: “*The Legislature shall cause the several county clerks in this state, at the proper time, to make out in tabular form a list of all lands on which taxes remain due and unpaid for the year last past, and place the same in the hands of the assessor for the next year, whose duty it shall be, when he assesses lands, to compare the assessment with the delinquent list, and should they find any lands on the delinquent list which belongs to any citizen of their respective counties, they shall notify the citizen thereof, and no lands shall be offered for sale until the same be advertised for at least three weeks in some newspaper printed in this state, nearest where the lands lie, and after the time in which the assessment is to close according to law.”’ [Mr. DAWSON said, in cheres the amendaneel to ate of the committee of the whole on the revenue, he ‘had | do under a sense of duty he owed his constituents; he had nothing | in view but to secure them and others in their rights. The sectio ‘. as it now stands, does not secure the object I wish to attain. That — sir, only secures to the landholder certain rights after his land is sold for taxes. I wish sir, as far as possible to prevent citizens’ lands from being sold for taxes. The amendment I offer sir, for — the consideration of the convention if adopted, will secure that object. The proposition will carry the evidence to every man and that without cost, whether he has paid his taxes on his ow or some other person’s lands. This is the object I have in view this is the object I wish to accomplish. It is known by every — gentleman on this floor, that mistakes often occur in lands by the” assessors, clerks or sheriffs, in the transacting of their business as officers, and thereby many had as they thought, honorably paid their taxes; but sir, without any fault on their part, when too late they found their lads had been Sold! fon (eae in the hands of © the speculator. To obviate this, he had offered his amendment, 3 and said Mr. Dawson, if this amendment is adopted you will — greatly prevent the sale of lands for taxes; you will place tl necessary information in the possession of every man, whether he — has paid in his taxes properly or not; you will sir, save all the co i; which must necessarily accrue befor the proposition to whic 4 this is an amendment, can benefit any one but printers and officers. d By its adoption, you will save many the painful necessity of pur chasing at a heavy rate, their own lands from the speculator. With this plain common sense view of its importance, I hope if the convention does intend to adopt the section which alloy there does an evil exist in improperly selling land for taxes, x will adopt my amendment or some other that will secure the object 1 desired. I will say, sir, that the section as adopted by the con mittee of the whole does not propose a proper remedy; that onl proposes a remedy after the evil exists. JI wish to prevent th evil, and then sir, there will be no need for the remedy proposed by the committee. Adopt the amendment I offer sir, and you ~ will hear but little more complaint of lands being sold for taxes.J* — This speech by Dawson is taken from the Sangamo Journal, August 2 Sot THURSDAY, AUGUST 19, 1847 819 _ And the question being taken thereon by yeas and nays, was decided in the negative—yeas 50, nays 84. Messrs. Cuurcn and Knapp of Scott offered some verbal _ amendments to the section, which were adopted. Messrs. Witttams, WeapD and Vance offered substitutes for q the section; which were rejected. ; And the section was then adopted—yeas 76, nays 56. f Mr. LOCKWOOD offered, as an additional section, the follow- ing: _ **No lands in this state shall be assessed at less than one dollar and fifty cents per acre. Mr. McCALLEN opposed the section, and moved to strike out “‘one dollar and;’’ which motion was rejected. : Mr. MARKLEY moved to strike out $1.50 and insert $2. _ Mr. DAVIS of Montgomery requested those who made this proposition to point out its justice. How could they expect assessors, under the solemn obligations of an oath, to say lands were worth $2 an acre, when in fact it was not worth that? The question was taken, and the motion rejected—yeas 43, nays 87. Mr. LOCKWOOD modified his amendment by reducing the _ sum to $1.25. Mr. SCATES offered as a substitute for the proposed section: “Tn all elections all white male inhabitants, over the age of 21 years, having resided in the state one year next preceding the _ election, shall enjoy the right of an elector; but no person shall be entitled to vote, except in the county or district in which he shall actually reside at the time of the election.”’ Mr. THOMAS moved the substitute be rejected. _ On which motion ensued a long discussion upon a point of order; and, finally, Mr. SCATES withdrew his substitute. . Mr. Z. CASEY moved to lay the proposed section on the table; which motion was rejected—yeas 67, nays 67. _ Mr. DAVIS of Montgomery moved a call of the Convention; _ which was ordered, and 142 members answered the call. Mr. LEMON moved to suspend all further proceedings under Se e s ig ee 7. ee = : 7 820 ILLINOIS HISTORICAL COLLECTIONS the call, on which motion no quorum voted. A second vote w had, and go voted in the affirmative. Mr. McCALLEN offered, as a substitute for the aioe y section, the following: a “All taxation levied upon property shall be by oan apprais- ment valuation.’’ On which the yeas and nays were taken, and resulted-—yeas 76, nays 63. ‘A Mr. EDWARDS of Sangamon said, that as the Subseinate had accomplished its object—the defeat of the origi ane moved it be laid on the table. Carried. Sec: hi" lhe corporate authorities of counties, coun school districts, cities, towns, and villages, may be vested wi power to assess and collect taxes for corporate purposes, such tax to be uniform in respect to persons and property, within the j jun ee ; diction of the body imposing the same. A Mr. EDWARDS of Sangamon moved to add to it the follayal 4 ing; which was adopted: ‘‘And the Legislature shall require that all the property with the limits of municipal corporations, belonging to individua shall be taxed for the payment of debts, contracted under t authority of the law.”’ Mr. TURNBULL offered an additional section; “which + was” laid on the table. Section six was read and adopted, as follows: Sec. 6. The specification of the objects and subjects of tax tion shall not deprive the General Assembly of the power to require other objects or subjects to be taxed in such manner as may consistent with the principles of taxation fixed in this constitution The article was then referred to the committee on 1 Re sion, &c. pe And then the Convention adjourned till to-morrow at 8 A. bi LX. FRIDAY, AUGUST 20, 1847 The Convention was called, and 141 answered to their names. Mr. ECCLES moved to take up the report of the committee on the Division of the State into Counties, and their Organization; which motion was carried. ; Sec. 1. No new county shall be formed or established by the Legislature which will reduce the county or counties, or either of them from which it shall be taken, to less contents than four hun- dred square miles, nor shall any county be formed of less contents, nor any line of which shall pass within less than ten miles of any county seat already established. Mr. MARKLEY moved to strike out all after ‘“contents,”’ where it last occurs. Mr. EDWARDS of Madison hoped the motion would prevail. The present county of Madison would probably be hereafter divided. Such was at present contemplated by the people of the county. In case it was divided, the city of Alton would, in all probability, be the choice and desire of the people as the seat of justice and of county business.—This section would, if passed, for- ever prohibit this object and desire of the people from being carried into effect. He was in favor of leaving this subject open, to be decided by the people, whenever they may choose to change the county lines, remove the county seat, or to divide the county. He sincerely hoped the amendment would be adopted. Messrs. Davis of McLean and Bonn declared themselves favorable to every project that would be advantageous to Alton, but they considered the section, which had been reported in obedience to instructions from the Convention, so highly beneficial to the whole people, so preventive of useless and expensive legis- lation, as had always been the case heretofore, that they felt constrained to support the subject. Mr. GRAHAM was in favor of the amendment. He thought the subject of division of counties, changing and locating county seats, was one properly belonging to the people of the counties in- 821 They had a right to petition in such cases fr ee an it wa desirable, and any constitutional provision denying them this righ : was unwarranted and unprecedented. ‘ Mr. CAMPBELL of Jo Daviess sincerely hope he: ame | ment would not pass. It was one the propriety of which he could” not see. It was intended for the benefit of one or two places the state, to the injury of the other portions of the state. It w it had been said, for the future benefit of Alton. He believed 1 same city of Alton has occupied more of the time of the Legislat than any other town, city, or county in the state. Since he h been an observer of the action of the Legislature, this city of Alto has occupied a very considerable portion of the time of the Legis- lature every session. It would appear that there was a stro desire existing somewhere to build up that city by legal ena ments rather than by a dependence on its natural position, or its resources for business.—He would have no objection to this did i 1 not prejudice the interests of other sections of the state, ani 7 particularly the county he represented. That county was now a ~ large one, but had at one time been much larger. It was th mother of all the counties surrounding it, and the Legislature hai gone on continually cutting off county after county, and nov there is a desire felt to cut off still another slice. It is high tir mn this work should stop, and some permanency [be] given to our counties a and our county seats. It was a subject which had worked much — evil—had retarded more than any other cause the progress of. state. There was an universal fever to divide the counti 5 created by the operations of a few designing men interested in change of county seats, or the creation of a new batch of cot officers. We must have some stability in our county lines. _ Fo instance, we have a county, and the county seat is established n'y the centre, men come there from other parts of the country, be- lieving that the county seat is fixed and permanent, they in their money in property, erect buildings and enter in|to] extensi improvements, all based upon the assurance that the county s¢ was fixed; but hardly have these things occurred, when a petiti is got up ae a few interested persons, and the first thing we he is that the county is divided, and the county seat changed, and FRIDAY, AUGUST 20, 1847 823 _ these investments rendered worthless. This has been the experi- _ ence of all past legislation, and it is high time that it should cease. _ Once let a question of a division of a county be agitated, and the : people of the county lose sight of every other question, all elections _ turn upon the question of division, the members of the Legislature _ are elected with a view to that question, and the people are never quiet till that question is disposed of. He hoped this species of legislation would be stopped. He would infinitely prefer that many of the small counties should be boiled down into one, than _ that large counties should be divided up into small ones. Illinois now had counties enough. To divide them only increased the expenses of the people, and retarded the interests of the state by destroying all stability and confidence. The expenses of the government of a small county were nearly as much as those of a large one, and he earnestly hoped that for the interests of the people— for the welfare of the state—for the permanency of our _ county organizations, and to avoid the long waste of time by future _ legislatures in considering this subject, that the amendment would _ not pass, but the section [be] adopted as first reported. Mr. JENKINS defended the report of the majority of the committee, and argued against the section now before them as _ unjust in principle, and wrong in its practical results. Mr. WHITNEY favored the amendment, and desired that the report of the majority of the committee should be adopted in preference to this report made under instructions of the Conven- tion. The question was taken by yeas and nays on the amendment, and it was rejected—yeas 48, nays 91. Mr. ECCLES moved to make the last line read, ‘‘less than ten miles of any county seat of the county or counties proposed to be divided, already established.’’ Adopted. Mr. MARKLEY moved to add the following proviso: ‘‘Pro- vided, however, a county may be divided into two counties when- ever a majority of the legal voters shall be in favor of the same, when each of said counties shall contain not less than four hundred square miles.” Mr. MARSHALL of Coles moved to lay the amendment on the table. = 804 ILLINOIS HISTORICAL a é and resale eas 70, nays 69. g Mr. ECCLES moved the previous question; whieh w was orders r, The section was then adopted. y Sec. 2. No county shall be divided or nee any part ACER. a therefrom without submitting the question to a vote of the people — of the county, nor unless a majority of oe the legal voters of the ; county shall vote for the same ~ Mr. HOLMES offered as an amendment, to insert “voting ong the question.’’ Carried. ¥ Mr. EDWARDS of Sangamon offered the felons as an 4 ; amendment, to be added to the section: } *‘Nor shall any territory be taken from any county unless a ~ majority of the voters within the territory proposed to be cut off shall be in favor ‘of having their territory form any portion of another county.”’ ; Mr. CLOUD said, that upon this question he felt considerable a anxiety, and desired to say a few words which perhaps might as i: well be said now, as at any other time. The question involved il the section now before them, was one in which a large portion of his constituents felt much interest, perhaps they were more inter- ested in it than in any other that had come before the Convention, it was ¢he question with them, and on its decision depended in a great measure their support of the constitution. He believed that if this section be inserted in the constitution, that the people of his county and of a portion of the counties of Macoupin and ~ Sangamon would not support the constitution no matter how perfect were its other provisions, nor how much other provisions were in accordance with their sentiments and opinions. It had: — for a long time been the desire of a large portion of the people of his county, to be formed into a new county to be composed of parts of the counties of Morgan, Macoupin and Sangamon, and the desire to do so has generally obtained the approval of the large majority of the people residing in those parts of those counties, proposed to be so united. They have petitioned the Legislature for years to form the new county, but they have never been heard, their petitions have been unattended to, and they have been denied the right of forming themselves into that government which they FRIDAY, AUGUST 20, 7847 825 desire, and which they should have. At the last session of the Legislature they again petitioned that body for the formation of this new county, their petition was heard and their claims were attended to; a bill passed the House of Representatives for that purpose, after considerable debate and a fair investigation of the facts, but it was lost in the Senate by one vote. Mr. C. would not trespass on the time of the Convention were not this a question in which the people he represented were more interested than in any other, because he thought that if he did not present their claims, insist on their rights, and endeavor to obtain for them the benefit of just laws, he would be derelict in his duty as a representative and unfaithful in the discharge of his duties. For these reasons, and in the hope of securing to his constituents and their interests and rights a safe protection by constitutional provisions, he had spoken upon the subject. He could not see why gentlemen pressed this section, which was so unjust in its operation upon the rights of minorities. By the section just adopted we had effectually secured the old counties from all danger of division and from the approach of county seats near their lines, they had been protected fully from being reduced or divided down to an area of less than 400 square miles, and were they not satisfied? There had also been an ample provision adopted, that no new counties should be formed of a less area than 400 square miles, and still they were not satisfied. What did gentlemen want? Not satisfied with protection against the formation of small coun- ties, not content with the provision that no new county shall be formed whose county seat shall come within ten miles of the county line of any county now established, which, in his opinion, amounted nearly to a total prohibition of any new county, but they must go farther, and forever crush the rights of the minority of the people. They must abandon all those principles of a free govern- ment, that declare, that while a majority shall rule, yet the rights of the minority shall be sacred. Do gentlemen desire that mi- norities shall have no voice, that their rights and interests shall be trampled under foot by a wild uncompromising majority? He hoped not, yet this provision was in effect a denial to the minority of the people of any county of the right to petition for a division of that county. Any person at all acquainted with the geography nt A yt Pie Macoupin and Morgan, would at once perceive how j fast was ee fl b demand of the people living in the outskirts of those counties and adjoining each other, that they should be formed into a new | y county. They were situated so far from the seats of their respec- ¥ tive counties, that they were cut off from all local interest, and — being near each other, a community of feeling and interest had grown up, which had created this strong desire to be formed into a new county, which would afford them greater facilities in attend- ing to their county business, than they possessed at present, be- cause now the county seats were twenty miles away. No one could deny the justice of their demand, yet they formed but a minority of the people of each county. Was this Convention. prepared to deny the just demands of minorities? Were they prepared to forever deny them the right of petition in a just cause? Has all regard for the rights of minorities of the people been lost, and were they to be reduced to the position of ‘‘hewers of wood and drawers of water’’ for overruling and tyrannical majorities? Were the Convention now ready to deny the people, or any Por- tion of them, in the organic law of the state, the right to. petition the Legislature on a subject which to them is of vital importance, and to deny the Legislature the power to grant them the relief, the right, and the justice they demand? He hoped these things would be well considered before the Convention would forever cut off the minority of the people of the counties from bein: heard by the Legislature. For the reasons given, and on th grounds that the whole was wrong in principle, and would be © oppressive in its operation, he hoped the section wiyees “not b Vi adopted. Mr. LOGAN replied to Mr. C., and urged the adoption of the: ! amendment. Mr. PALMER of Macoupin was in favor of the jacegeaae proposed by thegentlemanfromSangamon. Hedidnotbelieve that the inhabitants of any part of a county had the right to have. that part stricken off and added to another county without the consent of the people of the whole county. Such was the opinion of the people in his county. % Mr. SINGLETON was in favor of leaving the whole subject Pree %, . qe tts ote 2 ob * FRIDAY, AUGUST 20, 1847 827 open to future legislation; and moved to lay the amendment on the table; which motion prevailed—yeas 57, nays 53. Mr. BROWN moved to amend the section by adding thereto the following: “‘Where a county, either now or hereafter to be established, shall be situated on the navigable waters of this state, the county seat thereof may be established on said navigable waters, where the county line may run within less than ten miles of a county seat, provided a majority of the legal voters of the county concur therein.”’ Mr. WEST said, that he was much opposed to the division of counties, and hoped that this convention would do something that would effectually check that evil. He regarded the past course of the Legislature on this subject as very objectionable, and as having given rise to much difficulty. [Illinois, with a ter- ritory less than many of the states, and with a population of not more than a third or fourth of some of them, had now more counties than any state in the Union, and would continue to make more by the division of some of those already established, unless the Legis- lature by constitutional provision should be restricted. The restrictions proposed by the committee would entirely fail in hav- ing any effect to prevent the establishment hereafter of any num- ber, however large. With such restrictions Illinois now might have 178 counties, New York might have 468. He believed the sense of the Convention had been fully mani- fested when by a vote of a majority of all the members of this Convention, they had instructed the committee to report certain articles which that committee had seen fit to protest against. He could not vote for the proposition of his colleague (Mr. Brown) it looked to him as being unequal in its nature—it pro- posed to give to some counties privileges which were not to be given to all, and was for that cause, if no other, objectionable. He hoped his honorable colleague did not, in submitting that proposition, look to the future division of his county. What was her present situation? A large debt had been incurred for the purpose of making improvements, the Legislature had, by special enactment, authorized Madison county to levy and collect of her citizens a special tax to pay for certain bridges which had been 828 ILLINOIS HISTORICAL COLLECTIONS built near the city of Alton. These bridges were necessary, and the tax was submitted to by her citizens and paid without a mur- mur. But he would ask, what fairness was there in giving to her, as a river county, the opportunity of dividing and thereby leaying # the old county to pay off, by onerous and heavy taxation, the large debt which had been contracted for the benefit of the whole county? Why should the county seat be removed to Alton, for the particular benefit of some of the legal profession at that place? Something had been said about the city of Alton. “He wished a to be understood as not being opposed to Alton in the least degree. _ He looked to her present and future prosperity with pleasure and with pride. The interest of the city of Alton was in a very great degree his interest. Amongst her citizens he numbered many of his personal and political friends, and the action of one of the citizens of the town in which he resided occupying a seat in the Senate of the state during the last session of the Legislature, had shown that the interest of Alton was regarded as the interest of the county. She must, however, look to her commercial situa- tion, and the energy, enterprise and generosity of her citizens to — advance in wealth and greatness. He believed she possessed all these, and the proposition of his honorable colleague was un- necessary to add essentially to her advancement. He was ready here, or elsewhere, to give his vote and lend his aid to every proper means to advance her interest that would be equal and just in its operation. But in voting against the proposition of his colleague, he did it from a sense of duty and hoped nt he i! would not be misunderstood. Mr. BROWN said, he was surprised to hear objections to the section proposed by him coming from his colleague, (Mr. West), and not less so at the ground of the objections urged by the gentleman from Jo Daviess (Mr. CampBett). Both his colleague and the gentleman from Jo Daviess had seen fit, in the course of their remarks, to treat the section under consideration as having been prepared by him, and its adoption urged, for the exclusive benefit of Alton. The section proposed by him, as an amendment to the report of the committee, was certainly any- thing but exclusive in its operation and upon its face ‘contained nothing but what would equally apply toall the counties border- _ FRIDAY, AUGUST 20, 1847 829 ing upon the rivers in the state. Why, then, oppose a measure which was so well calculated to secure all the advantages which counties upon navigable waters enjoyed when their county seats were located upon the river? The gentleman from Peoria (Mr. Peters) had this morning spoken of the propriety of river counties disregarding the geographical centre, and of placing their county seats upon the river; and the reasoning of that gentleman, it appeared to him, was conclusive. Why, then, deny to counties similarly situated, the same.right, when the same reasons exist, and in many cases to a much greater extent. He said, that the course of his colleague (Mr. West) upon the subject of counties had appeared to him very strange, and, so far as Madison county was concerned, altogether unwarranted. No movement in that county, so far as he knew, had taken place, in reference to a divi- sion of that county, and certainly none, at any time, in the city of Alton. He had seen nothing which ought to call forth such active exertions from that gentleman, and he was afraid that the imagination of his colleague had become over excited, and that something serious might be apprehended from his mania on the subject of the division of counties. He regretted that Madi- son county had been mentioned in the discussion of his prop- osition. He could safely say for himself, and appeal to the knowledge of his colleague for confirmation, that he had always been opposed to a division of that county. He had seen no reason to wish for a division, and until he did he would always oppose it. He could say the same of his venerable colleague, on his left (Mr. C. Epwarps). Both himself and Mr. Epwarps, although at this time and always heretofore opposed to any division, were yet willing that a majority of that or any other county in the state should say whether a division should be had or not. He was un- willing to place any such restriction upon the right of the people to judge as to whether a division of their county should be made, or where their county seat should be located. These were matters not for constitutional restriction or arrangement, but of a proper character to be judged of and decided by the people whose con- venience, means and business made them interested. He had heard several gentlemen upon this floor regret that the state of Illinois had been cut up into so many small counties, and urged 830 that fact as a reason why a restriction should be placed uj : in future. He fully believed, and was ready to say with thos gentlemen, that it was an evil, but, at the same time, one which | it was now too late to remedy. At the time of the adoption ‘of.4 the present constitution, in 1818, had a provision of the character — been inserted in the constitution, there is no doubt but thatit had been far better for our state, and would have been the means of in saving a large amount of money, which has been required to sus- ty tain so many separate organizations. But, now that the evil had been done, it is proposed to apply the remedy. The state now AN contains 99 or 100 counties, and in all that number there were not more than half a dozen that could ever be divided, should the a section just adopted be allowed to stand as a constitutional pro- vision. He urged that the adoption of his amendment would be — nothing more than an act of justice to those counties on the navi- — gable waters of the state, by allowing them, when a majority of the qualified voters of such counties should desire, to place their y: county seat upon the river, even at a less distance than ten miles — from the county line. If the wants, business facilities, and neces- — 3 sities of the people are always to be governed by the geographical — centre, or by county lines, then, indeed, the proposed amendment would be unnecessary; but so long as the markets for the produce ‘ of the country, and a population more dense, are found upon the — rivers, it is but right and just that the people should have the — liberty of establishing their county seats where their local views, facilities for business, and general intercourse, might dictate. He, , ’ therefore, hoped that gentlemen representing counties bordering © and having county seats upon the river would support the amend-— ~ ment he proposed, and not attempt, under color of remedying an oo evil which is beyond our reach, to do manifest injustice to those J counties which had not participated in the matters complained of. 4 The gentleman from Jo Daviess (Mr. CamMpBELL) has seen fit to say, in the course of his speech, that the proposition now under — or discussion has been introduced for the future benefit of Alton, and that Alton is always seeking for something at every session of the Legislature. Coming as it does from that gentleman, above __ all others on this floor, representing the county of Jo Daviess, and — FRIDAY, AUGUST 20, 1847 $31 himself a resident of Galena, it comes with a very bad grace. He (Mr. B.) being the only delegate from Madison county who re- sided in the city of Alton, hoped he would not be considered out of the way in saying a few words in reply. He said that Alton was thankful for any favors she had received, and had made a sufficient return to the state for any favor which had been extended to her. When it is recollected that Mr. CampBe.t himself, and others of his county, besieged the Legislature of the state, time after time, for the purpose of impeaching the judge of the circuit in which he resides, and after having spent several thousand dollars of the people’s money in such efforts but without success, came gravely forward and asked the Legislature to give them a county court, as their feelings would not allow them to practice in the circuit court. It was not even pretended, so far as he knew, that the circuit court could not do the business of the county. They obtained the court, and the state now pays the heavy ex- penses of its judge, attorney and jurors merely to save those gentlemen’s feelings. Mr. CAMPBELL explained and said, that the whole expense only amounted to $250. Mr. BROWN replied that he did not know what the expense was, but he thought it was more than the amount stated. The course of the city of Alton was very different. When the business of Madison county, in 1837, had increased to such an extent that the circuit court was unable to get through with it, the city of Alton asked for a municipal court, with concurrent jurisdiction, and agreed to pay the expenses of a separate judge, prosecuting attorney, and all other court expenses. She obtained her court, and was thus enabled to accomplish her business. How different, then, was her course from that of Galena, or Jo Daviess county! He thought it was only necessary to mention these facts, to show with what a bad grace the charge came from the gentleman from Jo Daviess. Mr. CAMPBELL of Jo Daviess said, that he was opposed to the amendment. [If it prevailed it would completely nullify the most important and the most saving principles contained in the first section, which had been adopted. Why, sir, what will it lead to? To the complete nullification of that provision, that no 832 ILLINOIS HISTORICAL COLLECTION county seat shall be established within ten miles of any county — line. There is scarcely a stream of any kind in the state, which has not, at some time or another, been declared by the Legislature to be navigable, and if this amendment of the gentleman from — Madison prevails, then in almost every county the county seat will be removed to these streams, and the whole purpose of the — first section would be defeated. It would appear from the source — whence this amendment came that its object was to benefit Alton — at some future time. He had no hostility to Alton, but was proud» i, to see her growing and increasing; but he desired to see her ad- q vance without the aid of laws and constitutional provisions, — which, while they were calculated to be of advantage to her, were ~ § vastly prejudicial to the other sections of the state. The gentle- — man last up had told us that Galena has occupied some of the — time of the Legislature, as well as Alton; that bills for the erection of a court there had been before the Legislature, and that there — are appropriations made annually to pay for her municipal-court. Well, sir, it is true, we have a municipal court there, but it was only called for when necessity demanded it, and the expense to the state is but $250 a year. Look at Alton—not a session of the _ Legislature passes by, sir, but there are demands made upon the — state to pay for committees to examine into, or for appropriations — for, the expenses of her penitentiary or repairs, &c. ; Mr. BROWN explained, that the people of Alton had nothing ~ to do with the penitentiary; it was not built for their benefit; tag was erected for the whole state, and Galena had her sphacie of i its Z occupants. Mr. CAMPBELL replied, that he knew that it was not baile ; for the benefit of Alton, but from the anxiety always manifested by the members from that place, in relation to it, he considered the city somewhat interested in the appropriations made for it. Mr. C. earnestly hoped the amendment would not be adopted. It would defeat all the good that we had done in the first section, and upset all the benefits we looked for so confidently from its’ results. That there was anxiety felt by those who opposed it was manifest, that they desired to carry out the private and local interests they represented was clear; and he hoped the Convention would frown down all efforts to benefit particular portions of the FRIDAY, AUGUST 20, 1847 833 “state to the injury of others. This anxiety was manifest from the language and acts of the member whom we had chosen for our " president; manifest from his speech to-day, and from the _ character of the committee he had selected to act on this subject. ’ He has shown to us that he is the representative of a few persons _ in his county who desire to break up old county lines and sub- ' stitute others. He was speaker of the House of Representatives of the last Legislature, and as such used every means in his power, _ and all the influence of his position, to carry through his favorite scheme. We find him here again in this Convention—its Presi- _ dent—struggling and urging with all possible energy the same isolated and local measure. Has this Convention met for the _ purpose of carrying out the objects and aims of local matters? _ Have we elected our President with a view that he might use his position for that purpose? No, sir. We have assembled for a higher purpose; we have assembled to adopt such provisions as may best suit the whole people. This section now before us will carry out that view, and we should adopt it. We should throw _ aside all local, private and personal views, and adopt such as will benefit the people of the whole state. Mr. EDWARDS of Madison warmly repelled the attack upon Alton, and advocated the adoption of the amendment. Mr. SMITH moved the previous question; which was ordered. Mr. BROWN said, he desired his amendment should be tested on its own merits, and not to be endangered by the section to which it was to be attached. He inquired, therefore, of the chair if he could not withdraw it now, and offer it afterwards as an _ additional section. The CHAIR replied that he could do so. Mr. BROWN withdrew his amendment. The question was then taken on the adoption of the second section, and it was adopted. The Convention then took up the first section of the report of the majority of said committee, as follows: Section 1. No new county shall be established by the Legis- lature which shall reduce the county or counties from which it is _ taken, or either of them, to less contents than four hundred square miles, nor shall any county be established of less contents, unless 834 ILLINOIS HISTORICAL COLLEC’ Mr. BROWN offered the amendment, just ae amendment to this section, to follow it as a separate section, 2 Pending which the Convention adjourn AFTERNOON agreed to. a The question pending at the sic ‘was on the amendment offered by Mr. Brown, and it was taken thereon, anc the amendment was rejected. Mr. WILLIAMS offered, as a cabaieues for the section, following: ‘‘All territory which has been or may be stricken off, by le islative enactment, from any organized county or panna fi to take place, then such territory, so stricken off, Re be a remain a part and portion of the county, or counties, from whic it was originally taken, for all purposes of county and state g ernment, and to participate in all the immunities thereof, uni otherwise Hilde au law.”’ amendment; but disagreed as to the footie of the reoplee se land towards the counties of Brown and Adams. any other county, or form a new county; Provided, the count, lines are not thereby so altered as to run within ten miles. of | an. Ly county seat previously established.”’ ; 4 Ss FRIDAY, AUGUST 20, 1847 835 The question was taken thereon by yeas and nays, and re- sulted—yeas 35, nays 96. The substitute of Mr. Witt1aMs was then adopted. Mr. MARKLEY offered, as an amendment, the same prop- osition offered by him in the morning, and which was then rejected. Mr. WEAD opposed the amendment, which, he said, had far its object the division of Fulton county. The question was then taken by yeas and nays on the amend- ment, and it was rejected—yeas 62, nays 65. Mr. TUTTLE offered, as an additional section, the following: “There shall be no territory stricken from any county unless a majority of all the voters living in such territory shall petition for such division.”’ [Mr. TUTTLE said: Mr. President—I am among those who have not troubled this convention much with long speeches, nor would I now trespass on their patience, but that I feel myself bound to support the adoption of this section. A similar amend- ment to that now offered was unceremoniously laid on the table, this morning, and it seems to me that it was for want of proper consideration on the subject. I conceive this amendment to be of great importance, as great injustice has been done in many instances; among which is that of Highland county, which was taken off Adams, contrary to the wishes of the people living in the territory so divided off; and in consequence the people have refused to organize, and persist in their refusal. The territory on which I live, also, was stricken off DeWitt County, with every voter living in that territory remonstrating against it. These two instances, Mr. President, are sufficient, in my mind, to show that great injustice may be done, without some such provision as this. If a county, Sir, either for political or local purposes, can detach any portion without the consent of a majority of the free- holders living in such territory, it appears to me to leave great room for a county containing 400 square miles to do great in- justice to the extremes of the county. I know that my constitu- ents will have cause to complain without some such provision as I have the honor to offer. 836 ILLINOIS HISTORICAL COLLECTIONS Ree Some gentlemen say it is not likely that any county would do" so. We see it has been done; and may be done again, hence, this’ q provision is offered, to prevent it in future without the expressed — consent of the people affected by it. I hope that every gentleman © on this floor will see the justice of this amendment, and vote for qi its adoption.]* . Mr. LEMON offered as an amendment thereto: _ ; ““No territory shall be added to any county without the con- sent of the county to which it is added.”’ i Both of which were adopted, and the section, as amended, was | then adopted. } Sec. 2. No county seat shall be removed until the point to . which it is proposed to be removed shall be fixed by law, and a favor of its removal to such point. Mr. WHITESIDE moved to add thereto: shall be permanently established. ““SEc. —. The foregoing, section shall be voted upon sepa. receive a majority of all the votes cast for and against it, — shall be a permanent provision, and supersede all others at in conflict with the same.’’ , Mr. SHIELDS moved the previous question; much was seconded. a The question was taken by yeas and nays on the Seaeiache al Dy: and resulted—yeas 29, nays 99. Ry. The 2d section was then adopted. “aS The balance of the reports were laid on the table, al the sections adopted were referred to the committee on Revision. Mr. WOODSON moved to take up the report, No. 2, of the — committee on Law Reform. Carried. ; The Convention then took up the report, and, after a fiohe ¥ amendment offered by Mr. Brown, it was adopted, as follows: _ 55 This speech by Tuttle is taken from the Sangamo Journal, August 24. 2 A te . v ") oo FRIDAY, AUGUST 20, 1847 837 PREAMBLE _ We, the people of the state of Illinois, in order to form a more perfect government, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to our- selves and our posterity, do ordain and establish this con- stitution for the state of Illinois. ARTICLE I Sec. 1. The boundaries and jurisdiction of the state shall continue to be as follows, to-wit: Beginning at the mouth of the Wabash river; thence up the same, and with the line of Indiana, to the north-west corner of said state; thence east, with the line of the same state, to the middle of lake Michigan; thence north, along the middle of said lake, to north latitude forty-two degrees and thirty minutes; thence west to the middle of the Mississippi river; and thence, down along the middle of that river, to its confluence with the Ohio river; and thence up the latter river, along its north-western shore, to the beginning. ARTICLE 2 Sec. 1. The powers of the government of the state of Illinois shall be divided into three distinct departments, and each of them to be confided to a separate body of magistracy, to-wit: those which are legislative, to one; those which are executive, to another; and those which are judicial, to another. Sec. 2. No person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted, and all acts in contravention of this section shall be void. Sec. 3. The Governor shall nominate and, by and with the advice and consent of the Senate (a majority of all the sen- ators concurring) appoint all officers, whose offices are established by this constitution, or which may be created by law, and whose appointments are not otherwise provided for; and no such officers shall be elected or appointed by the General Assembly; Provided, further, that officers, whose jurisdiction and duties are confined otherwise provided for, shall be appointed 5 General wins! shall prescribe. before entering upon the duties det tak the constitution of the United States and of an oath of office. mittee on pr Ye Carried. Sections 1 and 2 were adopted, and section ; 3 sideration, when the Convention ental: bya! 8 a. m. ‘ ; LXI. SATURDAY, AUGUST 21, 1847 Mr. COLBY moved to suspend the rules, to enable him to offer the following resolution: \ Resolved, That 5,000 of the 50,000 copies of the constitution, ordered to be printed, be printed in the German language. ; Mr. GREGG said, that in reply to the enquiries of gentlemen, he would state that there would be no difficulty in procuring the printing of the new constitution in the German language. It had been the practice, for several years past, to order the printing of _ the executive messages in that language, and it was always promptly done. There were several German presses in the state, and gentlemen need be under no apprehension that they could ~~ not be procured to execute our order. 4 He was in favor of a suspension of the rule to enable his col- _ league to introduce his resolution. There was a large number of _ Germans in our state, generally honest, intelligent and industrious, _ but very many of them have not yet attained to a thorough _ acquaintance with the English language. It was due to them that they should be afforded the proper facilities to judge cor- rectly of our action. We were submitting a new question of vast _ importance, for the determination of the people, and they had a _ right to demand the means of giving it a fair consideration. No . question of greater moment could be submitted to the popular decision. It concerned not the present, merely, but the future. _ The interests of generations yet to come, were involved—Did, then, the proposition of his colleague ask too much? Had not _ our German population the right to insist upon the privilege of - examining the new constitution in their own mother tongue? It _ had been intimated that the proposition of his colleague indicated _ a consciousness of ignorance on the part of the Germans. It did no such thing. He claimed that they possessed a fair amount _ of intelligence, and had a reasonable knowledge of the principles of _ our institutions—a much greater knowledge, he thought, than _ many of those who insisted upon their ignorance. Did it neces- : 839 ¥ ' ~ f . ) ie ia i 840 ILLINOIS HISTORICAL COLLECTION sarily follow that men must be ignorant because they had not a a thorough knowledge of the English language? Was all the wisdom of the world locked up in that language? Such was not his opinion. The German might comprehend the spirit and character of our institutions, and not know a word of English. He wished resolution to be adopted. It proposed nothing but justice, and he trusted the Convention would see the propriety of affording an opportunity to a large and worthy class of our inhabitants, o weighing our action, and judging for themselves of the character of the new,fundamental law, submitted for their adoption. Messrs. McCatien and Brockman opposed the resolution; and Messrs. Roman, Cosy and Mark.ey supported it. oe [Mr. ROMAN said, that from his peculiar position he felt called upon to make a few remarks upon the subject. In the first place, said Mr. R., I will state that one-third of the popula- tion of the county in Dak I reside are Germans, most of whom know nothing of our language. They are to be called on in a short time to vote upon the adoption of this constitution. i Is it right, sir, to compel this class of citizens to vote upon what they cannot possibly comprehend? I am informed that there is a German press at Quincy, and there will be no difficult a in having the requisite number printed in time to enable them tog vote understandingly on the subject. * I will remark to my friend from Harding, that if he is of opinion — that 1000 should be printed in wild Irish, I have no doubt the gentleman would make a good translator, and I will cheerfully ; recommend him for that office. a The gentleman seems perfectly familiar, from the specimens — he has given us, with the wild Irish and all other wild janenae except the English. 4 Mr. ECCLES said—He thought if the convention ace reflect one moment, there could be no serious objection to the proposi- tion. It would be recollected that there were at this time within our borders several thousand Germans, who could not read the English language, and who in a short time would be called on to” vote for or against the adoption of our constitution. As a general © rule he was opposed to making any inroads upon the English” SATURDAY, AUGUST 21, 1847 841 language, but in a case like the present, where so much was in- volved, as the adoption of an organic law; he thought an oppor- tunity should be afforded to all to understand fully what they were called upon to adopt or repeal. He should therefore support the proposition. ]|** The question was then taken on suspending the rules, and resulted—yeas 104. Carried. Mr. HURLBUT moved to amend, that 1,000 be printed in the Norwegian language. Mr. BOND advocated the adoption of the resolution. Mr. SERVANT opposed the resolution as a bad precedent. Mr. PRATT hoped the amendment of the gentleman from Boone would be adopted. There were many Norwegians in the state, and he hoped the amendment would be adopted. Mr. JAMES moved the previous question; which was seconded. The yeas and nays were ordered on the amendment of Mr. Hurzsut and resulted—yeas 97, nays 47. The question was then taken on the amendment as amended, and resulted—yeas 113, nays 33. Mr. McCALLEN moved a suspension of the rules to enable him to offer the following resolution: Resolved, That one thousand of the fifty thousand copies of the constitution, ordered to be printed, be printed in the Irish and French languages. The yeas and nays were ordered, and resulted—yeas 46, nays 85. Mr. LOGAN moved to reconsider the vote adopting a resolu- tion to adjourn sine die on the 25th inst. Mr. Z. CASEY suggested that it would be better to postpone the reconsideration till Monday or Tuesday next. By that time we can be able to fix the proper day. Mr. LOGAN replied that there was scarcely any one present who believed that the business could be disposed of by the 25th, and the subject might as well be disposed of at once. 5°These remarks by Roman and Eccles are taken from the Sangamo Journal, August 26. 842 ILLINOIS HISTORICAL COLLECTIO vS ae ag Mr. Z. CASEY moved to postpone the motion to reconsider. till Monday next. Mr. PINCKNEY asked for the reading of te resolution re- stricting speeches to fifteen minutes.—He considered that a part of it had been violated already, and therefore looked upon the’ 3 resolution now, as null and void. He Mr. DAVIS of McLean was in favor of reconsidering now. He did not like to have the business rushed through in a hurry. — We should consider well everything we did, and not suffer our- selves to fix a day of adjournment, and then have all the business to do at the last hour. He hoped the reconsideration Bie oy had now. ahs a Mr. CAMPBELL of Jo Daviess was in hopes that the recon- ‘i r sideration would take place now—No one believed that the — Convention would remain in session one hour longer than neces- sary, and why, then, have any time fixed for adjournment? ‘The most important part of the duty of the Convention was about to be performed—the final adoption of the instrument, and the body — should not be hurried in its action. He was in hopes the reso- f lution would be reconsidered and rescinded, and that no time a would be fixed for the adjournment. a Mr. KINNEY of Bureau agreed with the gentleman from key ‘ Daviess. He looked upon it as useless to fix any time for adjourn- Ty ment. We would not stay here a day longer than was necessary, ‘ nor would we adjourn before the business that we came here to perform was completed. Why, then, fix a time for adjoehneenee Mr. Z. CASEY withdrew his motion to porpaaa the motion: id to reconsider till Monday next. ; And then the resolution was reconsidered. new Mr. LOGAN moved to strike out the 25th and insert oth. Mr. Z. CASEY thought, when he came here, that all. were prepared to carry retrenchment and reform into every branch of | the government, and to practise it ourselves. But it appeared — that such was not the case. He had listened to speeches here, — upon economy, that pleased him; but we had gone off into wild, extravagant and useless debate, upon every subject, and had pro- @ longed the session six weeks beyond the period when we should | SATURDAY, AUGUST 21, 1847 843 have adjourned. He hoped all discussion would cease, and that we would proceed to close the business as soon as practicable. Mae on ee Mr. SIBLEY said, no one was more anxious to go home than he; but he agreed with the gentleman from Jo Daviess, that there Was no use in fixing any limit. We could not go home till we had done, and when that time came, he supposed there would be no ob- _ jection to adjourn. Mr. DAVIS of McLean replied to the gentleman from Jeffer- son, and said that if anything more than another had tended to prolong the session, and to retard the progress of the Convention, it was that gentleman’s interminable cry of adjourn! adjourn! That gentleman, from whom we all expected so much, on account of his age and experience, has kept quiet and silent in his seat; has never given us the benefit of one single suggestion and has not introduced a solitary provision which would redound to the honor and glory of his state. Nothing but continual croaking, adjourn, adjourn. He has deprecated the discussions that have taken place here, and says they were wild and useless. Was this so? We came here—one hundred and sixty-two men—all with views differing upon almost every subject. An interchange of opinion and sentiment was absolutely necessary, in order to arrive at any agreement. We have all had to abandon our own particular views to some extent, or else we could never agree upon a consti- tution. There was not a single provision in the constitution, that he, (Mr. Davis) approved of, taken by itself, yet he would support the constitution as a whole, because it embraces those views nearest his own that it was possible to get. In this way, we have compromised the views of all the members of the Convention, and it could only be done by a free and liberal discussion. During the whole of this time, the gentleman from Jefferson has not said one word on any of these subjects, has not opened his lips, has not even made a suggestion that would enable us to approach a con- clusion, save and except his eternal cry of adjournment. The only thing that gentleman ever offered, was a resolution to adjourn on the 3oth of July last. Mr. D. hoped the Convention would give full time to consider well what was going on, and not take any hasty steps, which perhaps could not be retracted. 844. ILLINOIS HISTORICAL COLLECTIO Mr. E. O. SMITH moved the previous qusaneae ee was ordered. a The question was taken first on striking out “‘25th, of and decided unanimously in the affirmative. And then on inserting = ““30th,’’ by yeas and nays, and decided—yeas 58, nays 89. The resolution (with a blank day) was adopted. is: Mr. LOGAN moved to suspend the rules, to enable him to. offer the following resolution: > Resolved, That the President of the Convention make out, and ’ file with the Auditor, his certificate of the pay due to each ce ' and officer of the Convention up to the 3oth inst. ae i members were allowed now to draw their pay up to chef ‘ 30th, in a few days we would have no quorum. ~ a Mr. LOGAN then added to his resolution: “Provided that — the Auditor issue no such warrant until that time.’ Messrs. Z. Casey, Knowtton, J. M. Davis and CALDWELL ‘ further discussed the resolution. # Mr. WITT moved to lay it on the table; yeas 36, sarge not counted. And the resolution was adopted. a Mr. CROSS of Winnebago moved to reconsider tid vee: Ua). of a resolution, passed in June last, requiring the members to ~ certify, on honor, the number of days in attendance; and the same . was reconsidered, and laid on the table. that no new business be takenup,&c. And the Convention refused : to suspend the rules. “d Mr. GEDDES asked to suspend the rules, to offer the follow- q : ing resolution: cn this the eae important document that ever can oe bela i people, have given their reluctant consent. : resolucon was the ‘‘document’’, he Wola hardly give his ‘ecluc dy tant consent”’ to its going Section 1. Until there shall be a new apportionment of sen- ators and representatives, the state shall be divided into senatorial _ and representative districts, and the senators and representatives _ shall be apportioned among the several districts as follows, viz: SENATORIAL DISTRICTS a _ The counties of Alexander, Union, Pulaski, Johnson, 5 ae. Pope and Hardin. _ 2. + ‘The counties of Gallatin, Saline, Williamson, Franklin and _ White. 3- The counties of Jefferson, Marion, Wayne and Hamilton. : 4. The counties of Washington, Perry, Randolph and Jack- son. * 5. The counties of St. Clair and Monroe. 6. The counties of Madison and Clinton. a) 47. The counties of Christian, Shelby, Montgomery, Bond and _ Fayette. ; ____—‘&._:«~The counties of Effingham, Jasper, Clay, Richland, Law- rence, Edwards and Wabash. _- g. The counties of Edgar, Clark and Crawford. i. to. The counties of Vermilion, Champaign, Piatt, Moultrie, _ Coles and Cumberland. "11. +The counties of Tazewell, McLean, Logan, DeWitt and _ Macon. 12. The counties of Sangamon, Menard and Mason. 13. The counties of Macoupin, Jersey, Greene and Calhoun. 14. The counties of Morgan, Scott and Cass. 15. The counties of Adams and Pike. 876 ILLINOIS HISTORICAL COLLECTIONS 16. The counties of McDonough, Schuyler, Brown and High- land. ‘ 17. The counties of Hancock and Henderson. 18. The counties of Fulton and Peoria. a 1g. The counties of Rock Island, Henry, Mercer, Warren, Knox and Stark. 4 20. The counties of LaSalle, Bureau, Putnam ee Woodford, Livingston and Grundy. 21. The counties of DuPage, Kendall, Will and Troquois.. 22. The counties of Ogle, Lee, DeKalb and Kane. q The counties of Jo Daviess, Stephenson, Carroll and | Whiteside. b 24. The counties of McHenry, Boone and Winnebago. 25. The counties of Cook and Lake. REPRESENTATIVE DISTRICTS The counties of Union, Alexander and Pulaski. The counties of Massac, Pope, and Hardin. The counties of Gallatin and Saline. The counties of Johnson and Williamson. ‘The counties of Jackson and Franklin. The counties of Marion, Jefferson, Wayne and Hamilton, with three representatives; Provided, that no one in said dis- rm: Abe pn. to a representative residing in said county. 7. The county of White. 8. The counties of Wabash and Edwards. g. The counties of Lawrence and Richland. | 10. The counties of Crawford and Jasper. 11. The county of Coles. 12. The county of Clark. 13. The counties of Cumberland, Effingham and Clay. 14. The county of Fayette. 15. The counties of Montgomery, Bond and Clinton, with two representatives. . 16. The counties of Washington and Perry. 17. The county of Randolph. TUESDAY, AUGUST 24, 1847 877 The county of Monroe. The county of St. Clair, with two representatives. The county of Madison, with two representatives. The county of Macoupin. The county of Jersey. The county of Greene. The county of Scott. The county of Morgan, with two representatives. The counties of Cass and Menard. The county of Sangamon, with two representatives. The counties of Mason and Logan. The county of Tazewell. The counties of McLean and DeWitt. The county of Vermilion. The county of Edgar. The counties of Champaign, Piatt, Moultrie and Macon. The counties of Shelby and Christian. The counties of Pike and Calhoun, with two representa- The counties of Adams, Highland and Brown, with three representatives. 37- 38. 39- 40. 41. #2. 43- The county of Schuyler. The county of Hancock, with two representatives. The county of McDonough. The county of Fulton, with two representatives. The county of Peoria. The county of Knox. The counties of Mercer, Warren and Henderson, with two representatives. A Re 45. 46. 47- 1s 48. ; 49. 50. The counties of Rock Island, Henry and Stark. The counties of Whiteside and Lee. The counties of Carroll and Ogle. The counties of Jo Daviess and Stephenson. The county of Winnebago. The counties of Putnam, Marshall and Woodford. The counties of LaSalle, Grundy, Livingston and Bureau, with two representatives. 878 ILLINOIS HISTORICAL COLLE ; st. The counties of DuPage, Kendall Will : with three representatives. 52. The counties of Kane and DeKalb, with two represen tives. 53- The counties of Boone and McHenry, wie two fap pees atives. PARE 54. The county of Lake. : 55. The county of Cook, with two representatives. Sec. 2. Until the General Assembly shall otherwise provi the clerks. of the coun commissioners’ courts in each of conform to the laws, on the subject, in force at tthe time ue adoption of this constitution. > Mr. AKIN moved to refer the report, together vine ‘that or the Legislative Depareneats to the committee on Revis Carried. y . Mr. EDWARDS of Madison offered a rescue a xt use of the hall, on Wednesday evening, to Prof. net ie) Virginia; which was carried. A The Convention then adjourned. ae ad LXIV. WEDNESDAY, AUGUST 25, 1847 Prayer by Rev. Mr. Barcer. Mr. J. M. PALMER presented the following resolution: Ordered, by the Convention, that the committee on Revision, © whom, on yesterday, the report of the select committee to vide the state into senatorial and representative districts was _ referred, be instructed to so modify said report, that the same shall ~ stand as follows: _ “The counties of Jersey and Greene shall constitute the twenty-second representative district, and shall be entitled to " two representatives, and that they arrange the succeeding part of said report so as to correspond thereto.’’ Mr. WOODSON said, that he desired to trouble the Conven- tion with a few remarks on this subject. When the motion was _ submitted yesterday by his colleague (Mr. Wirt) to amend this . _ report, it was immediately followed by a motion for the previous st question, and it being sustained by the house, cut off all opportu- _ nity forexplanation. There being no other mode of bringing the - question fairly before the Convention, but in the form now pro- _ posed, he embraced the occasion respectfully to call the attention of the Convention to the injustice done the county of Greene by that apportionment reported by the committee. If he were to neglect to present the matter in its true light here, he should be _ recreant to the trust reposed in him by his constituents. A simple E statement of facts will satisfy this Convention that we are asking 4 for nothing more than we are justly entitled to. By reference to the map and the census, it will be perceived that Greene contains _ a population of 11,522, whilst Jersey contains only 5,637, being 4 eles: than one-half of the reported population of Greene by 752[?]. But, although we are governed by the population of Greene, as teported to the Convention by the returns of the census of 1845, _ yet he would unhesitatingly assert, that even that is not the true }Population of the county by several thousand. Great i injustice has 879 880 ILLINOIS HISTORICAL COLLECTIONS — not only in denying her her true strength in the Legislatu but in other respects. In view of those facts, what justice is there in giving to Greene but one representative, whilst a county adjoin- — ing her, with less than one-half her population, has also one? Make the proposed change and both counties will be equally ‘ represented; the entire population will be represented and no in- justice will be done to either. He wished to do no injustice ton Jersey. Towards her he had the kindest feelings. He was under great and lasting obligations for kindness to him personally, and for the confidence she has, on former occasions, reposed in him; - but he had duties to discharge to his constituents paramount to — all other considerations. He would, if he could, accommodate i that county, but he could not do so at the expense of the county he — represented, to the people of whom he was under so many obliga- - tions. He hoped the motion would prevail. It was unnecessary for him to say more, as he desired to consume no time. a Mr. KNAPP of Jersey opposed the instructions. He thought re that Jersey and other small counties, to whom was given the excess: of larger and adjoining counties, should be entitled to a separate representative. It was the only safety they had. Mr. WILLIAMS offered the following as an amendment to 1 instructions: a ‘‘And also that they so change the thirty-sixth section as 4 give Adams, including Highland, two representatives, and Brown — one, and that they form two separate districts.’’ 4 Mr. WILLIAMS urged the adoption of the aihiadec in justice to the county that he represented. In the course of | remarks he said, that the committee had been induced to form district as it now stood, in consequence of a statement made to — it by the gentleman from Knox, (Mr. Harvey) who stated to the committee that six of the seven members of the Convention from ‘ the three counties were in favor of the arrangement, and preferred | 4 it to any other. That the two members from Brown, and his fou colleagues, all were in favor of it, and preferred it to a distr which gave Adams two and Brown one. Since then, he had been © better informed and knew that the members from Brown desired ~ no such thing, they both desired, if possible, that Brown should have a representative. WEDNESDAY, AUGUST 25, 1847 881 Mr. KINNEY of Bureau moved to amend the amendment by adding to it the following: “That said committee arrange the report, that the counties of Marshall, Woodford, Livingston, and Grundy shall constitute the forty-ninth reptesentative district, and be entitled to one represent- ative; the county of LaSalle shall be the fiftieth district and have one representative; the counties of Bureau and Putnam shall form a separate district.”’ Mr. SINGLETON, in relation to the matter of arranging the district composed of Adams, Highland and Brown counties, made an explanation, the substance of which was, that he and his col- league were both very anxious to have a representative from Brown; that he used all his endeavors to get some whig on the committee to attend to the interests of the county. Not one of ‘that party could be induced to interfere; they even declined voting on the question. The gentleman from Schuyler (Mr. M1nsHALL) refused to have anything to do with it. After repeated and urgent requests, they succeeded in obtaining the gentleman from Knox to attend to the interests of the county and to endeavor, if _ possible, to have a separate district formed of the county of Brown and the eastern range of the townships of Highland county, for Brown alone had not a sufficient population to be entitled to a member. The committee refused to form a district of that kind; refused to divide a county. There was then no alternative but to be attached to Highland and Adams as one district. To this we had to submit, and to it we consented. There was never at any time a proposition before the committee to form a district of Adams and Highland, and one of Brown. Such a thing was sug- gested by the gentleman from Morgan, who was considered as the representative of the gentleman from Adams, but he had no authority for so doing and it could not be passed. The represent- atives from Brown never refused to accept a member from Brown, and had done every thing they could to obtain such. The Con- vention had refused to give Brown and part of Highland a member. They were satisfied that the gentleman from Knox had acted fairly and had done all he could to forward their views, and that, too, when all others had refused to have anything to do with the _ matter. 882 © ILLINOIS HISTORICAL -conLnent i ih Mr. HARVEY made a statement of his agency in ee mat He had engaged in the subject only after repeated and ur, solicitations on the part of the gentlemen from Brown, who were anxious to have a district formed of their county and a portion Highland. The members from Adams county and the memb from Highland opposed the division of that county. Brown | not a population sufficient to be entitled to one representative. others on the committee refused to interfere; the gentleman fro Schuyler who was from that circuit refused to have anything to do with the subject. The only mode then that was left was to unite the three counties, and let Brown have her chance to secure one of these at the election. To form this district he had the consen as he understood and believed at the time, of six-sevenths of the delegation—of them all except the gentleman from Adams (I r. WivuraMs). Whom was he to follow? To follow one member, or follow six. He cared nothing about the district—it was one hu dred miles from his county. He had acted only as he would co sider himself bound to do under all circumstances—follow t desire of six-sevenths of those whom he represented. He expect this attack upon him this morning. He had been threatened the gentleman from Adams, when this district was formed th; he would receive a scorching for his agency in the matter. | had received the scorching, and cared but little, at any time, for a scorching for following the request of six men in preference tc to that of one. He would refer the Convention, as a: proof that suc h was the fact, to a letter in the Quincy Whig, over the signature ¢ of the gentleman, wherein he himself stated that six out of the seven members agreed to this district. The two gentlemen from Brown, and the three colleagues of the gentleman from Adams, consent to this district. One of them, Mr. Powers, expressed himself decidedly opposed to severing Highland from Adams, and in favo of the district. The gentleman from Highland (Mr. Stmpso: cared but little either way, he was only anxious for his own county and desirous to retain the territory. on the “tale. which motion was lost—yeas 54, nays 88. Mr. WILLIAMS replied to Mr. Harvey, and urged ae did oppose the districting of the counties so as that Brown mig WEDNESDAY, AUGUST 25, 1847 883 have one representative, and Adams two, and that he had stated ‘that six of the members had declared themselves in favor of such n arrangement. He had been informed by the gentleman from Brown, and by his colleagues, Messrs. Simpson and Nicos, that ‘such was untrue! And he would leave the question of veracity to be settled between them. _ Mr. HARVEY asked the gentleman to give way and enable Bi those members to make a statement of what were the facts. ‘a Mr. WILLIAMS said, he hoped the gentleman would not if ‘interrupt him. He was not going to settle the question of veracity ie between the gentlemen. As to the letter that was in the Quincy 4 Whig, he would state that he wrote that letter and based the assertion therein contained upon the assertion of the member from Knox, made before the committee, which since then he had learned to be untrue, and therefore had written another letter correcting _ the erroneous statement. He had stated to the member from _ Knox in committee, that a day would come when this subject could _ be. investigated, and when members might assert their rights. This had been construed into a threat. Mr. W. followed the matter for some time longer. Mr. BROCKMAN said, he rose for the purpose of correcting a false statement, which had been made in regard to himself as - connected with this subject. He had, at all times during the sessions of the committee, attempted to get a representative for Brown. He would, in justice to the gentleman from Knox, say _ that he had strongly solicited him to obtain a representative from _ the county of Brown and the east tier of townships of the county i of Highland, which passed before the committee, and was at a x subsequent session changed, at which time he was not present. : If it had been stated before that committee, that he had ex- _ pressed a desire not to vote separately for a representative from _ Brown, those statements had been made without any authority - from him. He said it was his desire that if Brown could not get a representative, then he was desirous to vote with Adams and High- land as one representative district for the election of three repre- sentatives by general ticket. It is the wish of the citizens of Brown to get one representative. ; Mr. SIMPSON said, that he had never authorized anyone to 884 ILLINOIS HISTORICAL COLLECTIONS say that he was opposed to giving Brown a representative. had been opposed to dividing Highland county and wished her to vote with Adams. Brown county then, not having enough popu- lation to be entitled to a member, he was anxious that she sho Id be joined to Adams and Highland as at present, and had said sO to every one. He was in favor of the district. i Mr. Tuomas and Mr. SincteTon further explained. Mr. TURNBULL moved the previous question; which was ordered. a Mr. WILLIAMS then withdrew his amendment, and with t fell the amendment of Mr. Kinney. The question being taken, by yeas and nays, on the instruc- tions in relation to Greene and Jersey counties, it was carried— yeas 91, nays 465. “2 Z Mr. KINNEY renewed his proposition to instruct the com- mittee. Mr. ARMSTRONG moved to lay it on the table. Catal - yeas 96, nays 35. a Mr. BROCKMAN renewed the instructions offered by } Wi.14Ms in relation to Adams, Highland and Brown counties. Mr. LAUGHLIN made some remarks, understood to be app batory of the district as it stood, and moved to lay the instr tions on the table. And the motion was carried—yeas 72, nays | Mr. ECCLES moved to take up the report of the commit on Miscellaneous Subjects, exempting a homestead of 80 acres land, not exceeding $500 in value, and of a town lot, to the he of each family, not exceeding in value $500, from execution forced sale for debts contracted after the adoption of the consti tion; and securing to married women all real estate owned by thi at the time of their marriage, against all debts contracted by husband &c. And the same was taken up and read. 3 Mr. SHIELDS moved to lay the whole report on the table. — Mr. CRAIN asked for the yeas and nays and they were ordere taken, and resulted—yeas 70, nays 56. * Mr. MARKLEY moved to take up the report of the committe e on Finance. Carried. It was read as follows: @ i a ya WEDNESDAY, AUGUST 25, 1847 885 ARTICLE— The General Assembly shall provide for, and there shall be annually levied, a tax of not less than three mills on every dollar’s worth of personal and real property within this state; to be ascer- _ tained by valuation; the proceeds of which shall be applied to the _ payment of the indebtedness of the state; Provided, said tax shall be levied no longer than is necessary to discharge the principal and interest due and to become due on the present state debt. Mr. EDWARDS of Madison moved to strike out the section and insert, Section 1. There shall be annually assessed and collected, in the same manner as other state revenue may be assessed and _ collected, a tax of two mills upon each one dollar’s worth of tax- able property, in addition to all other taxes, to be applied as follows, to-wit: The fund so created shall be kept separate, and shall annually, on the first day of January, be apportioned and paid over pro rata upon all such state indebtedness, other than the canal and school indebtedness, as may, for that purpose, be presented by the holders of the same, to be entered as credits upon, and, to that extent, in extinguishment of the principal of said indebtedness. Sec. 2. Hereafter any tax payer may have an estimate made at any time, of his proportion of the state indebtedness above provided for, by taking, as data, the whole of said indebted- hess, principal and interest, due at the time of making the estimate— the then last assessment of the taxable property of such tax payer, and the aggregate of the then last assessment for the whole state, and may pay into the treasury the amount of such estimate, either in money or in such state indebtedness, and, upon so paying, shall be forever discharged from any and all further assessments on account of such state indebtedness, in respect of so much per- sonal property as he then has, and of all such real estate as may be included in the estimated assessment, and such real estate shall _ be forever discharged from any and all further assessments, on _ such account, into whose hand soever it may pass. Sec. 3: Any state indebtedness coming into the treasury, by virtue of the above section, shall be simply cancelled and destroyed, 836 ILLINOIS HISTORICAL COLLECTIC and any money so coming in shall be added to and eee part of the aforesaid mill fund. Sec. 4. This article shall be submitted to a vote of the people, and if voted for by a majority of all voting on the question, shal f, become a part of this constitution, and shall remain in force un the whole of the indebtedness therein provided for shall be paid, and longer; and interest shall be counted only upon the original principal of said indebtedness, and the extinguished portions of said principal shall cease to draw interest, at and from the respec a tive times of their extinguishment. And it shall be the duty ¢ of | the General Assembly to make all necessary provisions for carry- ing this article into effect in good faith. He said, that he regretted the apathy, so evident in the C vention, upon this subject of the state debt, one in which they should feel so much interest, and which was of so vital importance - to the interests, feelings and character of the people of the state He thought that he could demonstrate to the satisfaction of a one that there was a plan whereby, with the sanction and approval - of the people, the whole internal improvement debt may be paid, interest and principal. This plan was based on. the iclewi ( calculation: ae The conclusion to which I have come is that the aopeon of this section, will, within twenty-five years from the beginning of 1848, and without much 1 increasing our aggregate burden of taxa- P tion beyond what it now is, totally extinguish that part of our debt, principal and interest. I reach this conclusion as follows: The principal of that part of the debt is $6,245,280. I assu that a two mill tax will in 1848 produce $200,000, because the t mill tax now collected, rose from $163,437.45 in 1845 a $175,135.92 in 1846—a ratio of increase which will bring it. to the assumption. I next assume that this fund will, by the crease of taxable property in the state, have an average ann increase of seven per cent upon the original $200,000 through t twenty-five years. I make this assumption, because the popu . lation of Illinois rose from 478,429 in 1840 to 662,150 in 1845— period of extreme discouragement to settlement in the state, bei an increase of 7 2$-I00 per cent. per annum; because ; increase of the two mill fund, between 1845 and 1846, is 7 15-100 1 t SS WEDNESDAY, AUGUST 25, 1847 887 per cent.; and, with reference to the continuance of increase, because Ohio, the only much older state which is otherwise very " similar to ours, rose in population from 581,432, in 1820, to 1,515 895, in 1840, an average of 8 34-Ioo per cent. per annum. Upon these two assumptions, first, of $200,000 from the fund in “ 1848, and second, an increase of 7 per cent. per annum, it is the best calculation to discover that we have, at the end of nineteen _ years $6,194,000, which leaves of the principal only $51,380. _ There is, however, already accrued of interest on this part of our _ debt $2,248,372, which will be swelled to about $3,000,000 before _ this provision can operate. There will accrue upon it during the nineteen years $3,559,916, making together $6,559,916, which wili be lessened by the application of three-fifths of the mill and a half fund now in operation during the nineteen years, $2,784,300, reducing it to $3,775,616. To this add the $51,380 of the principal, making $3,826,996 the amount, mostly without interest, which we have still to overcome at the end of the nineteen years. To do this, we now have the joint force of the two mill and the three-fifths of the mill and a half funds, which, insix years more, in _ all twenty-five years, produces $4,358,700 covering all, and leaving - asutplus of about a half million. This shows how the debt can be paid in twenty-five years. But I have said it can be done with- _ “out much increasing our aggregate of taxation. I say this simply _ because we shall, by the new constitution, lessen the aggregate of state and county expenditures to an amount almost, if not quite, equal to the two mill tax. Mr. CONSTABLE said, that as the subject was most impor- __ tant, he moved the plan of Mr. Epwarps be laid on the table and _ printed and made the special order for to-morrow at 3 P. M. Mr. ARMSTRONG moved to take up the report dividing the _ state into three grand divisions for judicial purposes; which motion was carried. The report was read: Sec. 1. The first grand division, for the election of judges of the supreme court shall consist of the counties of Alexander, Pul- aski, Massac, Pope, Hardin, Gallatin, Saline, Williamson, Johnson, Union, Jackson, Randolph; Perry, Franklin, Hamilton, White, _ Wabash, Edwards, Wayne, Jefferson, Washington, Monroe, St. ae Go ee ote < + ees a eee ay — 888 ILLINOIS HISTORICAL COLLECTIONS ies Clair, Clinton, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Bond, Madison, Jersey amd Calhoun. — The second grand division shall consist of the counties of Edgar, — Coles, Moultrie, Shelby, Montgomery, Macoupin, Greene, Pike, ~ Adams, Highland, Hancock, McDonough, Schuyler, Brown, Ful- ton, Mason, Cass, Morgan, Scott, Sangamon, Christian, Macon, Piatt, Champaign, Vermilion, DeWitt, Logan, Menard, Cumber- land and Clark. The third grand division shall consist of the counties of Hen-_ derson, Warren, Knox, Peoria, Tazewell, Woodford, McLean, Livingston, Iroquois, Will, Grundy, Kendall, LaSalle, Putnam, — Marshall, Stark, Bureau, Henry, Mercer, Rock Island, Whiteside, — Lee, Carroll, Jo Daviess, Stephenson, Winnebago, Ogle, DeKalb, a Boone, Kane, McHenry, Lake, Cook and DuPage. y Sec. 2. The term of the supreme court for the first division” shall be held at Mount Vernon, in Jefferson county; for the second — division, at Springfield, in Sangamon county; for the third di-— vision, at Princeton, in Bureau county, until some other place in - either division is fixed by law. 3 Sec. 3. Appeals and writs of error may ee taken from the _ circuit court of any county to the supreme court held in the di- — vision which includes such county, or to the supreme court in the 4 next adjoining division. c Mr. CAMPBELL of Jo Daviess moved to strike out “Prince- _ ton, in Bureau county,’ and insert ‘‘Ottawa, in La Salle moe 4 Carried unanimously. Mr. DAVIS of McLean moved to strike out ““McLean anal a Tazewell counties’’ from the 3d division, and add them to the 2d 4 division. ey Mr. ARCHER opposed the motion. The population now, he was informed, of the middle division was greater than of either of the other two divisions. He was willing to take the report as it © now stood, but if the change was made he would vote for changing — the place of holding the court from Springfield to Jacksonville. Mr. MARKLEY was opposed to the change.—The northern ~ district now had the smallest population, and if these counties — were changed and put to the middle district, the northern district ~ would be still smaller. bi WEDNESDAY, AUGUST 25, 1847 889 Mr. LOGAN advocated the motion on the ground of conveni- ence to the people of the counties of McLean and Tazewell, who 3 would prefer to come to Springfield, than to go to Ottawa. View- i ing the question politically, the district would still be democratic by 1,500 majority, although he was informed that the present _ judge of this circuit, who was a democrat, and who would prob- ably be the candidate of the party, was opposed to bringing these counties into the district because they were whig. Messrs. CaMPBELL of Jo Daviess, PALMER of Macoupin, ArM- stronc, Davis of McLean, CatpweELt and Epwarps of Sanga- mon continued the discussion. Without taking the question, the Convention adjourned till 4 P> M. AFTERNOON Mr. COLBY asked a suspension of the rules to enable him to offer a resolution; which, after being amended, was adopted as follows: _ Resolved, That a committee of three be appointed to procure the translation and printing of the copies of the constitution ordered by this Convention to be printed in the German language, and, also, a committee for the same purpose in relation to the publication in the Norwegian language. Mr. DAVIS of McLean withdrew his amendment pending at the adjournment at noon. Mr. LOGAN moved to add to the report: ““The foregoing districts may, after the taking of each census by the state, be altered if necessary to equalize the said districts in population; but each alteration shall be made by adding to such districts such adjacent county or counties as will make said dis- trict nearest equal in population; Provided, no such alteration shall affect the judge then in office.”’ Mr. CAMPBELL of McDonough moved to substitute there- _ for: “That all the counties in the first and third grand divisions be added to the second, and elect the supreme judges by general ticket.” Mr. ECCLES moved to lay the substitute on the table; and the motion was carried. Mr. DEMENT offered as a substitute for the amendment: 890 ~‘ILLINOIS HISTORICAL COLLECT. - \ y i ‘“The qualified voters of each of the three grand divisions vote for the three supreme judges, one of whom ened reside i in be taken from each of said divisions.”’ : Mr. LOCKWOOD moved to lay the same on the ena the motion prevailed. amendment, and it was carried. . The report, as amended, was referred to the committee | on revision &c. Mr. HAYES moved to pe up the report of the commit on Law Reform; and it was read as follows: ARTICLE— ot Sec. 1. It shall be the duty of the General Assembly tp pig vide for a codification of the laws, and after the year 1870, neither the common law, nor any English statute, not re-enacted, shall ; in force, or regarded by the courts, except to aid in the ape: and construction of the laws of this state. =. Sec. 2. All the laws shall be published for the iniinmetone of the people; and no foreign statute shall hereafter be passed | or, adopted by the General Assembly unless the same be first reduced b to writing. . Mi Sec. 3. No official writing, or executive, legislative, or judicial proceeding shall be had, conducted, preserved, or published in 2 other than the English language. Sec. 4. In all suits in chancery the evidence shall be taken in suits at law. m Sec. 5. The General Assembly shall never Bi any law of f primogeniture. Mr. HAYES said, the late day of the session, the fifeces minute rule, and the evident impatience of members to return to their homes, all warned him that he was asking the attention of the Co vention under the most unfavorable auspices. When he reflect on his deficiencies, his want of that extensive learning and pro-— found wisdom which are the rewards of long study and experience, — it was with diffidence and apprehension that he stood forth discuss before that able and enlightened body, a subject so d cult as that under consideration. ! WEDNESDAY, AUGUST 25, 1847 891 I would, said Mr. H., that I could call to my aid the ready _ gentleman from Jo Daviess. But I much fear that they, with _ others as able, are arrayed against me on this measure. It is with serious hesitation and reflection that I have taken _ the position I occupy. I was not free from prejudice. I had _ studied, with some attention the common law, remarked its _ gothic strength, its breadth of outline, the elaborate finish of its : ‘details, and like one who has lived only among the costly struc- ; tures and ingenious contrivances of art, I lost sight of the grandeur _ and simplicity of nature. An anxious investigation of the subject a has wrought a change in my views, and convinced me of the "necessity and propriety of an extensive reform. ___ The idea of codification has elsewhere excited much attention, _ and drawn to its support some of the greatest men of the country, but here it is new, and will, therefore, by many, be denounced as _ dangerous. We do propose an innovation. When Martin Luther a raised the cry of reform, and endeavored to free Europe from the ‘4 religious despotism which had fettered her for ages, he advocated an innovation. When Galileo invented the telescope, by which : the wonders of the heavens were brought near to human observa- _ tion, he was imprisoned as an innovator. When Harvey declared _ the circulation of the blood in the human system, the great fact 4 which has become the basis of the science of medicine, he was q the advocate of innovation. When Faust and others invented _ printing with types, the great art which was to preserve and dis- y seminate through the world the fruits of genius and the products of intellect, they introduced an innovation. When Columbus, _ standing on the verge of an unexplored sea, at the limit of the B known world, declared that the earth was round, and that beyond _ that sea were regions as fair and as fertile as any the eye of civi- _ lized'man had rested on, he was an advocate of innovation. When _ Thomas Jefferson and the other framers of the declaration of independence, pronounced the great truth that all men are by nature free and equal, and have a right to govern themselves, they _ were the advocates of an innovation. I, for one, am willing to take the responsibility of advocating ees ‘ i i me z 892 ILLINOIS HISTORICAL COLLECTIONS — a reform in our system of laws, though I may be misunderstood my notions misrepresented, and my proposition denounced as startling innovation. It has been said on this floor that there are prejudices agai lawyers—a disposition to exclude them from the halls of legislation That is true, but gentlemen have much mistaken the cause of the feeling. It is not because the people dislike the profession. They give them the highest place in their esteem. They know them to be, in general, men of honor and character, intelligent and pat . otic, the class which furnished Jefferson, Adams, Madison and — Jackson to the country in time past, and from whose ranks many of the wisest living statesmen have been taken. They appreciate ‘4 all this, but there is a fear of lawyers in the state legislature, be- cause they doubt whether their habits of thought, their intimacy with a complicated and artificial system, will promote that sim-_ plicity and plainness which they are anxious to see in their laws. © I trust that the lawyers in this Convention will convince them 4 that their fears are unfounded; and I believe that many of them : will be found advocating this reform. I take it to be the first principle of American politics that the people have the right of self-government, the right to know the laws under which they live. — If this be a correct principle, the importance of a codification must — be admitted by all. I do not suppose the laws which are to govern civilized men in all the relations of society, can be embraced 1 one book or two. They might occupy many volumes. they can. Neither do I suppose that they can be made so sim that every man will be his own lawyer in different cases. I only inquire, can they not be made more simple, more plain of com prehension, more easy of access than they now are? I believe - they can. That the landmarks by which civil society is regulated — can be so far exposed to the public eye as to furnish right thinking, even with a guide in the transactions of life, a knowledge of the general rules of law which are to operate on his interests. I a answered, that, although the principle be right, such inconven iences will follow its enforcement in practice as to require us t disregard it. I have never been able to see that a thing right i theory becomes wrong in practice. Correct principles are to an WEDNESDAY, AUGUST 25, 1847 893 _ individual the compass by which alone he can steer his bark in safety over the rough and uncertain sea of life. Without them he _ will be driven by the storms of passion, and drifted by the currents of temptation, till his career is ended in shipwreck and ruin. So with nations. If guided by no principle of national policy, un- certainty attends their course, despotism or anarchy witnesses their downfall. When, to the contrary, they are consistent in their adherence to fundamental principles, their march is certain, and onward for good or for evil. [The PRESIDENT here announced to Mr. H. that his fifteen minutes had expired; but he was, by the unanimous consent of the Convention, permitted to proceed.] Mr. HAYES proceeded: We have organized government upon a particular view of the nature and rights of man—upon certain axioms of self-government. When we depart from them no one can tell how soon our greatness may have a disastrous end. But the inconveniences which may result from a codification of our laws have been greatly overrated. Gentlemen assume that there are certain glorious, intangible principles of the English law which are all important to our welfare, and cannot be touched without danger. J will not detain the Convention by a discussion of the evils of which we complain. I have referred to them at some length in the report which I presented some days since, and which has been published. I will say to gentlemen that it is not my wish to attack the principles of the common law. Those principles, so far as they are the rules for judicial interpretation, ate admirable. They are neither more nor less than the rules of common sense, which are necessarily developed by the exercise of reason. But, sir, let me draw your attention to a distinction between those principles and the provisions of the English law which we have adopted by the statute of 1819. Bear in mind that we have taken the English law, so far as applicable and of a general nature, down to the 4th James J, in the year 1607. The wise reforms which have taken place since then in England, we have entirely discarded. Yet some learned lawyers have said that the common law has almost entirely grown up from decisions made after the accession of William and Mary in 1688! How much of this can 894. ILLINOIS HISTORICAL COLLECTION our courts legally adopt under the act i 1819? ce d wise and good men have lived in every age, men whose hearts beat with a love of liberty, but L do say that the BENS, of 5 a much later day. Whatever free and liberal provisions may rf. been a part of the common law in the times of the Saxon kings, i is certain that from the time of the Norman conquest, in 1066 down to 1607, its provisions, both as a system and in its detail were opposed to liberty, and entirely inadequate to our wan They began at the wrong end. Instead of acknowledging sovereignty and rights of the people, and legislating for thei wants, the king was assumed to be the true source of power. Mr. ANDERSON said, he was obliged to insist on the enfor ment of the rule. The Convention had never before extenc the time of any member, and the importance of an early seth ment forbade it to do so now. . Mr. HAYES remarked, that it was far from his wish to tresp an instant longer on the time of the house, than authorized by t! rules, or by their unanimous consent. He had understood th Convention to express a wish to hear him. The gentleman tt | now objected, he would take his seat. A Mr. EDWARDS of Madison moved that Mr. HAYES ete have leave to continue his remarks. Leave was given. “ Mr. HAYES continued. I feel deeply sensible, Mr. Presiden “i for the mark of favor and kindness just shown me by the Con a vention. I will not abuse it, but will bring my remarks speedily to a close. I was saying that the English law, as it existed i 1607, did not recognize the sovereignty of the people, or regar their interests. This fact is apparent in nearly all its Maes the condition of society the same as it is here. Then dna chia distinction between the principles of judicial exposition and inte pretation, as developed in the decisions, and the provisions of t English law, it seems to me, with all due deference, that th great body of those provisions should be examined and the valu able part of them preserved in a code, with these pine whil all the rest should be thrown aside. WEDNESDAY, AUGUST 25, 1847 B95 I think we have some. If we have not, it is a severe satire upon _ the judges who pronounce the law from the bench—for I conceive _ it as easy to do so in one way as in another. “a An important end to be gained is the imposition of a restraint ~ upon judicial legislation. Not that it can be entirely prevented. Perhaps it will be necessary to a certain extent under any system. . But if the entire body of laws should be placed within reach, the ie powers and duties of the bench would be better understood, and _ aremedy would easily be found for any evils which might spring up. R The importance of the subject, the fact that the Legislature can at any time repeal the act of 1819, and the further fact that - this Convention was called to reform abuses, furnish to my mind _ the strongest arguments for immediate action. But, sir, without attempting to discuss further a subject, which is exhaustless, I must conclude by expressing my thanks for the kind and patient attention which has been extended to me. _ Mr. WOODSON said, that he felt himself called upon, before _ making the motion he intended, to say a few words in explanation. _ He was a member of the committee on Law Reform, and when _ this report was before them the majority of the committee were opposed to it, but, out of courtesy to the chairman, they had con- sented that he should make the report. He and the majority of the committee were opposed to the codification of the laws—he believed it impracticable. If at any time such a thing should become necessary, the Legislature had the power to provide for it. He was opposed to any constitutional provision requiring it. _ From the little knowledge he had of the common law he was satis- fied that any codification of it was entirely impracticable. In the New York convention a proposition was started to codify the laws, _ and commissioners were appointed for that purpose— ‘ Mr. PRATT said, it was to re-model the practice. < Mr. WOODSON. Well, perhaps it was. But whatever it _ was, the commissioners made a report that it was impossible to _ perform the work For these reasons, and not out of any want _ of respect for the chairman of the committee, he moved to lay _ the first section of the report on the table. * Mr. CALDWELL asked the gentleman to withdraw the motion _ for one moment, (the motion was withdrawn) and said, that he 896 ‘ILLINOIS HISTORICAL COLLECTIONS. Bk intended to make no speech on the subject. His belch was s that he could not do so, and he regretted it exceedingly. desired merely to state that he had given the subject a calm ¢ sideration for a long time, and was perfectly satisfied as to t practicability of codifying the common law, as much so as other legal department. He felt so feeble that he could not more, other than that he hoped the motion would not prevail. Mr. HAYES said—in reply to the gentleman from Greer that he understood the committee on Law Reform to stand in favor of the report, five against it, and one undetermined. majority of the committee were, it was true, opposed to ea repor t- ing of the ‘‘reasons,’” which he had prepared. q The question was taken by yeas and nays on laying the first section on the table, and was decided—yeas 69, nays 53+ pa Section two was adopted, and me Mr. SCATES moved to reconsider the vote; and it was recon- sidered. Mr. HAYES moved to amend the 2d BS: by strikincde out the three first words, and prefixing to the section the following: — ‘*The General Assembly shall provide for such a codification of the laws now in force as to them may seem practicable a expedient, and such code with all the laws hereafter passed’” Mr. PRATT moved, as a substitute: ‘a ‘‘The Legislature, at its first session after the adoption of this constitution, shall provide for the appointment of one or more commissioners, whose duty it shall be to revise, reform, simplify and abridge the rules and practice, pleadings, forms and proceed ing, of the courts of this state, and to report thereon to the Legis i lature, subject to their adoption and modification from time to time.’” Mr. LOCKWOOD moved to lay the amendments and th whole report on the table. And the motion was carried. a Mr. GRIMSHAW offered a resolution that the use of the Senate chamber be granted to the ladies of the Presbyteriz church, on Friday next. Carried. And the Convention adjourned till to-morrow at 8 A. M. LXV. THURSDAY, AUGUST 26, 1847 = by the Rev. Mr. Barcer. i Mr. CANADY offered for adoption the following: Ordered, That the committee on the adjustment and revision 1, the articles of the constitution be instructed so to amend the article on the organization of counties, by striking out of the first tion the following words: ‘“‘Nor any line of which shall pass thinless than ten miles of the county seat of the county proposed to be divided, already established.’’ Mr. EDWARDS of Sangamon raised a point of order. How g after the Convention had acted finally upon the different ticles could these resolutions of instructions be sent to the com- ee? When would the Convention get through with their ness? Every subject could be revived and renewed at any ne in this way. The articles had passed from the convention, | were now in a state of preparation, and were they ever to be _ The PRESIDENT, on the authority of certain precedents in the New York convention, decided the resolution to be in order. Mr. EDWARDS of Sangamon appealed from the decision of the A debate ensued, in which Messrs. ConsTaBLeE, CAMPBELL of : Pe ce and Epwarps participated, and before any vote, Mr. CANADY withdrew his resolution. | Mr. CALDWELL offered the following, as additional rules: 4 RULES i _ 1. The various articles referred to the committee on Revision, @c., as well as those hereafter referred, shall not be changed, “altered or amended, except to revise and correct the language i thereof. _ 2. The report of the committee of Revision, when made to the Convention, shall be taken up, and the amendments of such committee first considered, and after the action of the Convention 897 898 ILLINOIS HISTORICAL COLLECTIONS upon such amendments, the question shall then be upon the adop- tion of the whole report, and no division shall be had. a 3- No further business shall be considered, except the repo now on the table, the report of the committee on Revision, and reports of the committees on Schedule and on Address. Messrs. CAMPBELL of Jo Daviess, DEmMENT, ScaTes and WE: opposed the rules. Messrs. CatpwELL, Epwarps of Madisdl yn, Epwarps of Sangamon and ConstaBLe advocated their adoption n. Mr. ECCLES moved the previous question, and it was ordere The yeas and nays were ordered on the adoption of the rules, and they were adopted—yeas 113, nays 32. Mr. SCATES said, that he considered the vote just taken. the final adoption of the parts of the constitution now in hands of the committee; he moved that the committee be direc to hand the articles as they revised them to the printer, and t they be printed. Mr. Dement and Mr. Tuomas opposed this motion, ha was rejected. The report of the committee on Education was then taken up, and read as follows: ARTICLE— Section 1. The moneys received from the United Sta under the provisions of the act of Congress of the 18th day April, 1818, for the encouragement of learning, constituting ‘“ school fund,’” and that bestowed on a college or university, stituting ‘‘the college fund,’” as well as that arising from the s of lands granted for the use of a seminary of learning, constitutin “‘the seminary fund,’’ with all additions which have been or t may hereafter be made to said funds, or any of them, shall rem perpetual funds, and be held by the state for the uses and p poses aforesaid, the annual interest only to be applied to. support of schools, a college, or seminaries, under the authority ¢ the General Assembly. Sec. 2. Officers and trustees having the care or control of school, college, or seminary funds, or any school funds of : township in this state, for investment, may purchase therewii or invest the same in the bonds of this state, at their market ed ee THURSDAY, AUGUST 26, 1847 899 value, under such regulations as the General Assembly may pre- scribe; and it shall be the duty of the General Assembly to provide for the prompt payment of the interest on such bonds so purchased as aforesaid, as the same becomes due; Provided, that the General Assembly may hereafter prohibit or restrict such in- vestments, as the public good may require. Sec. 3. It shall be the duty of the General Assembly to pro- vide for a system of common schools which shall be as nearly uniform as may be, throughout the state; and such common schools shall be equally free to all the children in the state, and no sec- tarian instruction shall be permitted in any of them. Sec. 4. The superintendency of public instruction in this state shall be vested in an officer, to be styled “‘the superintendent of common schools,’’ and such county and local superintendents -as may be established by law. Sec. 5. At the first session of the General Assembly after the adoption of this constitution, and biennially thereafter, it shall be the duty of the Governor, by and with the advice and consent of the senate, (a majority of all the members elected thereto con- curring therein), to appoint a superintendent of common schools, _who shall hold his office for the term.of two years and until his successor is qualified, and who shall perform such duties and receive such salary as the General Assembly may prescribe; Provided, that vacancies occuring in said office by death, resignation, refusal to act, or otherwise, may be filled by the Governor; and persons thus appointed shall continue in office until the end of the next session of the General Assembly. Sec. 6. The preceding section shall continue in force for the term of six years from and after the time at which such first ap- pointment is made in pursuance thereof, and no longer; after which time, the General Assembly may provide for the continuance of said office, or for the election of such officer by the people. Mr. CAMPBELL of Jo Daviess moved to strike out the 4th and sth sections, and insert the following: iss “*The supervision of public instruction shall be vested in a state superintendent, and such other officers as the General Assembly may direct. The state superintendent shall be elected by the qualified voters of the state, who shall hold his office for the term goo ILLINOIS HISTORICAL COLLECTI ons - hundred dollars. The General Assembly shall provide for th filling of vacancies in the office of state superintendent. T duties and powers of the state superintendent shall be prescribed and defined by law.’’ Mr. CAMPBELL said, that he approached this question with 3 no inconsiderable embarrassment; he was perfectly aware of the — impatience of the Convention and eae desire to hasten the adjourn- ment. The experience of the last week, and the hurry with which — it has disposed of business, shows that the Convention is but little — disposed to hear discussion upon any subject. He also deemed — it necessary to,explain the reasons of this report not having been — made by himself, as he was the chairman of the committee on Education. Entertaining different views from the majority of the — committee, he could not coincide with them in the report which — has been submitted. He had requested Mr. Parmer, secretary of — the committee, to report to the Convention the conclusions of the — committee. It was, however, well known to the Convention that a this subject has not been discussed here, that at no time has it been considered in this body; and it was also well known that no other — * question has ever occupied more of the public attention, or has — excited more discussion among the people at large than this—the — creation of the office of state superintendent of public instruction, — with an adequate salary. From all sections of the state, the people — have presented, by their representatives, their petitions for this purpose. If it be the wish of the delegates here, if it be the desire of the Convention to meet the wishes of the people, and to secure — for the instrument we are about to frame a favorable reception, — it becomes us to make such provisions as they can approve of, and ~ which above all others they desire at our hands. He knew dis- cussion was not wanted here by many; he knew that the great body of the Convention were anxious to hurry through with the © business, and go home; and he knew that there were many here ~ who would vote against the provision, without having any dis- — cussion upon it. But he had a solemn duty to perform, a duty that he could not, would not, disregard, and one that could not ~ be performed in the limited time allowed by the fifteen minute ~ x rule. He would, therefore, apply himself to that duty as well as — THURSDAY, AUGUST 26, 1847 gol his feeble efforts would permit, though he knew the fifteen minute tule of the Convention would not afford sufficient time for that purpose. He would not propose to discuss this question now, had it been discussed here at any time before, or had the subject been submitted to the committee of the whole, like other questions, for a general discussion; but he felt the importance of the subject, and the anxiety of the people in regard to it, and he hoped that time would be allowed. He well knew, and gentlemen must admit, that when they went home and mingled with their constituents, spoke of the proceedings of this Convention, and of the debates, and told them that the great subject of education, when before this body, came under the operation of the fifteen minute rule, the people would not be satisfied, would not be content that a subject in which they were so much concerned, in which their children were so deeply interested, had come under the operation of that rule, and discussion cut off. It may be said that these petitions that have been presented here, praying the appointment of this officer, are not entitled to any weight, that they have all come from one source, and that that fact should be a cause for opposition to it. It was perhaps true that these petitions were all sent out from the office of the Prairie Farmer, and that. they obtained a circulation and an influence in consequence of the exertions of that office, but was that any argument against the thing itself? Because a paper had taken a course on this sub- ject which was good and beneficial, and which had for its object the benefit of the people, was that object to be denounced in con- sequence of the party character of its advocates? No, sir; no! As the soul rises into immortality when the body falls into decay and perishes, so does the cause of education rise in splendor and grandeur above all party schemes and factions. It is the cause he advocated, he cared not who were its supporters; he looked to the object sought by these petitions, and not at the source whence they came. Much as he desired to discuss the general question fully and thoroughly, he would, for the present and under the circumstances, confine himself to the importance of the office of a state superintendent, with what he considered a sufficient salary. By way of illustrating the importance of the office, and of the various duties of the superintendent would-have to perform, he would AAS arty Ay So) Rd) te ot Valitse ‘ CU hn go2 ILLINOIS HISTORICAL COLLECTI ons. and make such comments as would appear necessary. Ist. To visit as often and as far as practicable every | coun as widely as possible, by public addresses and personal communi- — cation with school officers, teachers and parents, a knowledge of — existing defects and desirable 1 improvements in the administration — of the system, and the government and instruction of the schools. — This would be one of the first duties of the superintendant, ft to visit the several portions and counties of the state in ord to discover the defects, and by practical information point out — the remedies. It was unnecessary for him to refer to the present ~ system as now organized. It was useless. Does not every one ~ admit that although our statute books are filled with law after — law, yet no single good has been effected in the system, and all ~ efforts to adopt or prove a good standard have failed. Does not every one admit the glaring truth that thousands upon thousands _ i of dollars have been ‘squandered in the name of. education, and a yet no mark has been left for its practical benefit. The cause of 4 this is that there has been no head, that no one has been charged specially with the duties of superintendant, but it has been left in the hands of other persons who had other duties to perform. Such had been the case when the report of the last superintend- ant, then Secretary of State, was presented to the last Legis- lature; he was charged with other and primary duties, his time was fully engaged with the duties of his office; and [he] could not visit the different sections of the state, examine into those matters of difficulty and cause of failure, nor [was he] able to point out the proper mode of avoiding evils, and of promoting good; he could not bring himself into communion with the teachers and parents of the children, nor make those suggestions so necessary; he was only 5 able to address a few circulars to the commissioners upon general matters, and there, so far as he was concerned, the subject dropped. Another particular he would call the attention of the Conven- tion to was, that this officer would travel over the state, visit every county, make addresses on the subject at every school dis- trict and awaken public sentiment upon the subject of educa- tion.—From a well directed public sentiment the most beneficial a THURSDAY, AUGUST 26, 1847 903 ‘effects would flow, and until that was excited it was in vain to k of the benefits of common schools. Appoint this officer and let him commence his visits. In each county it will be known | for weeks before hand that he is to come there and address them, and the people will gather to the county seat on that day, teachers and parents, and they will go away with feelings roused and directed to the promotion of the ends of education. In this way ' that public sentiment, so necessary, will be excited in behalf of ‘the cause; they will go home after these addresses, with their " minds drawn to the subject; school associations will be formed in each district, having for their end the benefit and advancement of the cause, and immense and incalculable benefits will follow. _ And are gentlemen prepared to say that all this is of no good? _ That the efforts of this officer in this respect will be of no beneficial be result? There is not a county in the state that he may not visit ‘= the space of two years, and his visits, if he be a good, a faithful and a competent officer, will always produce these results. As Ms Bian evidence of the experience of this fact in another state, he read a) the Convention an extract from the report of Mr. BARNARD, J a talented and accomplished gentleman, who had held this post in the state of Rhode Island. Speaking of these visits, he says: ‘ “Immediately after entering on the duties of my appointment, , I commenced holding a series of meetings, of such persons as ~ _ were disposed to come together on public notice, in the several _ towns of the state, for familiar and practical addresses and dis- _ Cussions, on topics connected with the organization and adminis- ' tration of the school system, and the classification, instruction _ and discipline of public schools. (Appendix, Number m). These meetings which I have continued from time to time as frequently B as my strength would allow, have been numerously attended, and ‘. the addresses have proved useful in awakening public interest, _ and disseminating information as to the best modes of improving . popular education. When the meetings already appointed have been held, more than five hundred addresses will have been made _ by myself, and others invited by me; and at least one meeting will _ have been held in every large neighborhood in every town in the 904 ILLINOIS HISTORICAL COLLECTIONS ions as any one, who has ever written on the subject; and he s: that the people will attend and take interest in these addres And will gentlemen say that the people of Illinois are different their feelings and sentiments from the rest of the Union on this subject—that they are less conscious and awake to the i importan ce of the subject as regards the welfare of their children and of state, than the people of any other state? Will they cont that the moment a man places his foot upon the soil of Ilin that he becomes lost to all those sentiments of refinement, of virtu of honest pride and satisfaction, in beholding the improvement of the mind, and the expansion of the intellectual resources of his fellowmen? If so, then they cast unjust reflection upon character of the people of Illinois. 2d. To recommend the best text books, and secure 2 uniformity as far as practicable, in the schools of at least every county in the state, and to assist, when called upon, in the estab- lishment of, and the selection of books for school libraries. — 4 Here is another and important duty, which the Legislat will, undoubtedly, provide for, to enable him to furnish t books of an uniform character, throughout the state, or at leas each county.—This reform is most certainly called for, and by no one can it be effected so well as by this superintendent; who, fr the information he will derive from a constant intercourse w the people, can accomplish that which hitherto has been i impossi- ble -—Again, public prejudices will be consulted, and if there are sections of the state where people have a preference for one kind of books over that of another, and believe that the ends of edu- cation can be accomplished better by them, than others, why they will be allowed to retain them, and the uniformity can gradually effected. Much good will result from this uniformi in the textbooks of the schools throughout the whole state. ~ superintendent was required, when called upon, to aid the district associations, in selecting a library for the use of the people. There was, in his opinion, no branch of the system of education of [m practical benefit than these libraries. What is the use of teaching a man how to read, unless you give him the means of turning that THURSDAY, AUGUST 26, 1847 905 3 knowledge to advantage, of improving himself by practising what _ you have taught him. It is like rearing a young man to a trade, sending him for a term of years to learn the mysteries, and acquire a knowledge of some art or trade, and then deny him the means _ of carrying on that trade. Like teaching a man the trade of a blacksmith, or some other such art, and then bid him go without _ tools. Take away from him the tools and implements, necessary to his trade, and you place him in the same situation as the man whom you have taught to read. Of what use is the learning you have bestowed upon him if there is not placed within his reach the means and opportunity to turn that information to some use | _ and benefit to himself. He contended, then, that this branch, the duties which he would have to perform in aiding these library associations to make selections of good and useful books, had much to*do with the subject of education, and the promotion of general knowledge among the people. He, a man of information and taste, will be of great advantage to them; his selections will be such as will be beneficial to those who read them; not altogether children’s books, but historical, scientific, and other valuable books, calculated to be of general use, will be chosen by him to fill these libraries. In this way, as these books will be in the reach of all, you will create, throughout the state, a general desire for reading and information, which will be a successful consequence following your common schools. These libraries will not be dependent alone on the resources of the districts, they will be enlarged and increased by donations of books from men who, having the means, will feel proud to contribute to anything cal- culated to be beneficial to the people, and to increase their infor- mation, and advance the march of mind. 3d. To appoint such and so many inspectors in each county, as he shall, from time to time, deem necessary, to examine all persons offering themselves as candidates for teaching public schools. Here we find another and most important duty which this superintendent will perform and one which has led to much trouble and dissatisfaction. Last year the Legislature was of opinion that the qualifications of teachers were, as fixed by law, too high, and that it was difficult to find men of the required quali- 906 ILLINOIS HISTORICAL COLLECTIONS ‘ fications who would become teachers. When he, as Secretary ia a State, was ex officio superintendent of schools, he ‘received : many letters on this subject from different sections of the state, — all complaining that the law had fixed the qualifications too high, and of the difficulties in the way of getting teachers. They also — stated that the people had men not possessing the tps rp. ane ; and in whose competency for that office they had cohianecenle What is the difference on this point, in the eastern san ‘The same. reason that causes them to have plenty of teachers, — competent and qualified to the task, would also exist in Illinois. — They have established in every state, normal schools, where there - are annually a number of young men and women, prepared for the ~ important duty of teachers. He did not propose that such schools. 4 shall be established by the state at the present time; the condition | and circumstances of the state were not such as. would. support © them to any advantage, for the state has not the means to carr it out. But there was a mode, in which, to some extent, the © advantages of these schools, might be realized. Teachers’ insti- tutes might be established in the different sections of the state, — where the persons who perform this important task, could assembl together, at some convenient point in the spring and autumn During the vacation time of each year, they can select som person, distinguished for his competency and qualifications as a teacher, to preside over them and their studies, who will give such instruction, advice, and make such suggestions as will render — them competent and qualified teachers.—These institutes will hold — regular sessions for a fortnight or more, and this person, whom ~ they will select to preside over them, will deliver lectures to them; _ they will form themselves into classes, study lessons, and prepare recitations, as is done in our schools. In this way, until such time as the state may, be in a condition to establish these normal schools, these teachers’ institutes may be formed. The duty o a teacher was one of the greatest importance to the character o the people.—It is not the most talented, or the most learned, that make the best teachers. To become a teacher, qualified to im- part instruction to the youth, requires long practice, training o the mind, and close application to the attainments of these requ THURSDAY, AUGUST 26, 1847 907 tes, so necessary to become a useful teacher. It has become an t which requires study and training of the mind to a peculiar t _ turn, independent of mere learning, and cannot be acquired with- X -out.—Who now choose your teachers? Who exercises that dis- _ crimination and care, so important in selecting proper persons to advance your youth in the paths of education? School com- missioners. They are but rarely chosen for that office with a view ; to their competency in selecting the best or most qualified and "competent men as teachers. And hence the importance of this duty of the superintendent, whose particular duty it will be to "provide each district with competent persons to select teachers _ qualified for the importance of their undertaking. i 4. To grant certificates of qualification to such teachers as have been approved by one or more county inspectors, and shall ' give satisfactory evidence of their moral characters, attainments and ability to govern and instruct children. _ 5. Tosubmit to the General Assembly at each regular session a report, containing, together with an account of his own doings, a statement of the condition of the public schools, and the means _and progress of popular education in the state; plans and sugges- tions for their improvement; such other matters relating to the duties of his office as he may deem useful and proper to communi- Beate. It will be his duty, at the meeting of every General Assembly, _to make to them a report of everything connected with his office. ‘He will have been in correspondence with persons in all sections of the state, in correspondence with the teachers, with those per- " sons selected in each county to examine the teachers, with parents, and with all those persons who feel an interest in the question, and will be able, from the information derived from all these “sources and from his visits and personal observation, to discover such improvements in the system as will be salutary and bene- - ficial to the advancement of the great cause of education, and the i ‘dissemination of its benefits throughout the state—The Legis- “lature at the present time have not the means to acquire this information, nor this opportunity of receiving those suggestions _ that will be likely to produce salutary measures that are necessary. ete, i in the performance of the various duties of the office, will ,) if 908 ILLINOIS HISTORICAL COLLECTIONS travel over the whole state, from county to county, gathering each place all such information as may be practically benefici and communicate it all to the Legislature, upon which then tl can base their action. And this, in his opinion, is the only wi: that we can ever arrive at any just conclusions, at any correc system of common schools, and one that will accomplish its gr object. 4 6. To adjust and decide without appeal Ee without cost to the parties, all controversies and disputes arising under the school law, which may be submitted to him for settlement and decision. This, sir, is also an important feature in the duties which this superintendent will be required to perform. This is taken from the New York school system, and in that state has been found productive of the very best results. Do we not all know the frequent occurrences of these quarrels and disputes in relation to this matter in the different townships and counties? We - know how these controversies arise, with what feeling they carried on, to what lengths they are extended. In this way t will all be settled without cost to the parties, and before they a: ripened into feuds between neighborhoods, or produced liti tion, cost and excitement, which, as is frequently the case, destroyed and broken up the schools entirely. Under this suj intendent’s care, these disputes are stopped in their incipi stage, and they are submitted to him for decision, and his decis is final, and this, too, without cost to either party. How much better is this state of things than the present system. This super- intendent can settle all complaints, and by this means avoid those quarrels which tend so much to injure the cause of edu tion, and retard the progress of learning, virtue and morality. this way all cost is saved, and useless litigation obviated. 4. To prepare suitable forms and regulations for making reports, and conducting all necessary proceedings under the law, and to transmit the same, with [such] instructions as he shall d deem necessary and proper for the uniform and thorough administration of the school system, to the school commissioner of each cou for distribution among the officers required to execute them. In this branch of the duties of this superintendent we hav an important duty for him to perform. In this particular t a tO i | THURSDAY, AUGUST 26, 7847 909 4 ! ; ‘system that we now have has been much deficient, and will tend much to reform and improve any system. Heretofore all infor- mation from the school commissioners and teachers has been re- ceived in answer to interrogatories addressed them, and of necessity incomplete and unsatisfactory, and but little calculated to convey correct bases on which to found or suggest improvements. _ 8. To submit plans and directions for erecting and fitting up school houses. This duty will be found to be one most intimately connected ‘with the advancement of education. The building and erecting of suitable school houses for the instruction of the youth of the State, has been a source of much difficulty to all concerned.— Tn the erection of the school houses in this state convenience and ‘comfort has never been consulted. When you send a boy to school with the expectation that he will learn something, you must have him comfortable. You must not require him to sit there for three or four hours at a time, upon an oak bench, full of knot holes, without anything for him to rest against, with, per- haps, a hot stove in front of him, burning him up on one side, while the open door or the apertures between the logs admit the cold and biting air, freezing him on the other. In such school houses your children cannot be comfortable. He is compelled to sit there half the day, under the fiat of the teacher, unable to move his limbs, until his turn arrives to recite his lessons, and as soon as that is over, returns to his seat.—Boys will not learn in such places. They will not, cannot, study when they are not comfortable; they soon acquire a hatred for the school, become dissatisfied with it, and when they do so, it is impossible for them to study, and the result is, that they either stay away one-half the time, or go there with minds indisposed to study or to application. In this way the intention of the schools is defeated, and the desires of parents are disappointed. On no point is a reform more needed than on this, as school houses erected with a view to comfort and conven- ience are essentially necessary for the practical advantages of your school system. These are only a few of the most important duties which this ‘state superintendent will be required to perform; but, he asked, if even those he had enumerated were carried out and performed, red % gio a it would he not work great benefit and advaneane ie system, those concerned in its results, and to the character of the w people? And that this superintendent will perform the va: duties of his office there could be no doubt. No one could do but he will do all his duty, will take a pride and an interest in doing, for his actions, his efforts in the cause, will be under a ever open to the welfare and success of the great cause in which the whole body of the people are interested, and who will expect so much from him, and he, knowing this, will not dare to negl any opportunity of advancing the interests of education, nor in the least important point, derelict in his duty. eh In connection with this subject he read an extract fror letter written to the Hon. John Henry on the subject of comr schools, as follows: “‘t. In this state we began at the wrong end.—We have spent millions to pay the miserable teachers whom we found in exercise of the profession, when the common school system adopted, and to carry out the expensive details of a complic system, but never gave a dollar or a thought to the indispens prerequisite of teaching the teachers. Hence, the slow progres our system into public favor. ““9. In the next place, we hitched on the supervision 0 system the political office of Secretary of State, and have thus sul jected its fate to the political fears of every administration. Thi though no officer has been base enough to prostitute the syste to political purposes, yet, scarcely anyone has been brave eno to encounter political risk or odium in its behalf.’’ Here, sir, is the opinion of a distinguished citizen of Pe sylvania, who has given much attention to the subject, and says that they have squandered millions of money without ] ducing the least good, because no thought was ever given to important point of selecting competent teachers. And ft the cause has been retarded and the interests of education injure because the superintendency of the system has been hitched to the political office of a Secretary of State. This, sir, is what have done in Illinois. Instead of making an independent depart ment, whose whole attention would be devoted to the subjec we have hitched it on to the political office of our Secretary letter further says: THURSDAY, AUGUST 26, 1847 gli _ State; and unless we make this superintendent an independent, constitutional officer, it will always be attached to the office of _ Secretary of State or some other political office, and we will find _ that no one will hold the office more than two years, for he will be under the control and dictation of party influences. The “Tnstead of bringing the powers of an able and zealous press to bear in its favor, nearly all the papers in the state have from the same political fears, held aloof from its advocacy, or only _ afforded an occasional cold word of praise. From our mistakes I would say learn wisdom.’’ . This remark, sir, will apply as truly to the press of Illinois; __ we, too, have had our press engaged in political strife, in party _ warfare, in working dissensions among the people, in urging them to party measures and advancing their political schemes, while the great question of education has been lost sight of by them, and it has been abandoned to its private friends. This subject would, however, be taken up by them, it will be discussed, and the great influence of their power will be felt, if we but carry out this reform. Mr. C. here read further extracts from a letter’ written by a gentleman in Boston, in relation to the establishment of good primary schools in the west, and the means of acquiring good teachers both male and female from the east. He also read the following from a report made by Professor Stowe of Ohio, who was appointed by that state to visit and report the various systems of common school education in Europe, after detailing in full the information he received, he speaks of what has been done in Ohio, and says: “To follow up this great object, the Legislature has wisely made choice of a superintendent whose untiring labors and dis- interested zeal are worthy of all praise. But no great plan can be carried through in a single year; and if the superintendent is to have opportunity to do what is necessary, and to preserve that _ independence and energy of official character which is requisite to the successful discharge of his duties, he should hold his office for the same term and on the same conditions, as the judges of the supreme court. g12 ILLINOIS HISTORICAL COLLECTIONS —_— should receive a suitable compensation for his services. This — justice requires, and it is the only way to secure Seay | and eff- ciency.” } Here we have the opinion of this distinguished deere see who { has devoted a long life to the study, who has visited all Europe, a and examined and enquired everywhere into the various systems ~ of the world, and he says ‘‘the state has acted wisely in appointing — a state superintendent.”’ And why not? This is an anbertaa ; seers as that we should have an executive or Pah Aral gentlemen prepared for the mere saving of a few dollars to abandon ~ this? Are they prepared to place in the scales a few paltry dollar and cents, with the enlightenment of the human mind, and permit them to weigh it down? He hoped not. He would regret that ~ the Convention, under the pretext of saving a few dollars, would © forego the immense benefits this superintendent would produce in ~ their system of Education. If he were selected by the state to — devise the best, the surest, the most effectual way of clearing the © state from her debt, he would seize upon the whole of the r - sources of the state, and turn them all to the one great current— the education of her people, to the enlightenment of the public — mind, and to the dissemination of knowledge, of virtue, of moral- _ ity. They would then be filled with an honest, an anxious desire” 4 to rise in their strength of moral force and power, urged on by its K; instinctive moral principle; they would not cease in their exertions ~ till the whole of the vast debt was cleared away, and the dark ~ gloom that overhangs them was dispelled. It is the policy of © governments to educate their children. Let us educate the people. — One bad legislator will do more harm—tear down and destroy more than ten good ones can build up and erect. Let us educate © the people for the important task of being their own legislators. — In a republican government like the one in which we lived, he © considered it a paramount duty to instruct and educate the people for the social and civil conditions. of society; every person was ~ called upon to discharge his share of duty to his country, and ah it was a proper obligation on the government to educate him tha aie - THURSDAY, AUGUST 26, 1847 913 “he might do so with honor to himself and his state. Educate the people and no bad legislators will be chosen, and the state will "realize far more benefit than by such saving of expense as is con- tended for here, when you oppose this office on account of the ‘salary. Mr. C. then read the following extract of a letter from Governor Slade, addressed to him since the meeting of the Con- vention: “Nothing, it seems to me, in laying the foundations of a repub- _ lican state, can be of more importance than a provision for secur- ‘ing the devoted application of some single mind to the special purpose of advancing the interests of education. With all the interest felt in New England on this subject, we have greatly failed in this particular, and have wasted hundreds of thousands of dollars upon defective systems of instruction, and unqualified, inefficient teachers, for the want of that systematic attention to- the subject which can be secured only by a superintendency of public instruction, such as the states referred to have wisely pro- vided for in their constitutions. It has not been until within a few years that we have discovered the error, and taken measures to remedy it. I hope that Illinois will not follow the example of our long neglect of our true interests in this particular.”’ This, sir, is from a gentleman who has been appointed secre- tary of the board of education, at Cincinnati, to furnish teachers for such places as may require them. A man who has given the subject the benefit of a long and thorough examination, and whose experience is sufficient to demand for his opinion every weight and consideration. Is his opinion to have no weight upon this question? It has been said that his opinion should have no weight, that it is valueless, and should be disregarded because he has inter- ested motives in recommending what he does. Sir, we should care nothing for the motive. I care not who is the deviser of the system, who it is that recommends it, provided that I am satisfied the thing itself is good in its operation—good in all its results. I care not, if they send us good and competent teachers to in- struct our youth, to light up in their minds the fires of intellect, what their motive may be. Nor do I stop, when satisfied that the result will be productive of good to the people, whether their motives be interested or not. What should we care if they be > ty At pe ha A ete Ae eae) Se ha Dray ILLINOIS HISTORICAL COLLEC’ interested, they are certainly interested in a at cause, eae the motives for which are honorable and praiseworthy. y then, should we care if they do make money by sending forth, o ve the land, men and women to enlighten the minds of their fello men, so the object to be attained, and the grand result to. b accomplished, is one of so much good. They are perfectly w come to do so. . As an example of the benefits of the system under the supe vision of this state superintendent, let us take the sum of $100, and appropriate it for educational purposes and measures, in the manner we have done for years, and are doing at ‘Present, with ne particular person charged with its distribution, its appropriati or to the particular objects intended that it should be applied to, and how far does it go—what good will it accomplish? Take $50, and disburse it throughout the state to proper persons, appointed and selected by this superintendent as men qualified to act ; agents, to be applied by them, under his supervision, to the spe fied duties, objects and measures prescribed by law, and a account of which to be rendered to him, and by him to the Gene Assembly, and my word for it there will be ten times the amor of good effected, as would be by the $100,000 under the pres loose and irresponsible system, as now practiced and in operati Why, sir, the ordinary business of life is carried on by agent selected for their competency and capacity to discharge duties, and they are all under the supervision of some head—so principal. A man in business—does he not select his book-kee with an eye to his competency and qualification, and exercise o _him a supervision. Clerks and agents to transact our business z discharge their duties in this mode, and why should we have in all other affairs except this—the most sacred of all, the edt tion of our people. In the amendment he had offered he ha fixed the salary of this superintendent at what he considered adequate compensation to secure a good officer and a strict atten ance to his business, the sum of $1,500 a year. And will gen atl men complain of it as too high? Will gentlemen say that people of the state will complain if they raise this office, | provide that the salary shall be $1,500 a year?—Are t prepared to go home to their constituents and tell them t THURSDAY, AUGUST 26, 1847 915 they refused to provide in the constitution this office, because of the expense it would incur. Is any man upon this floor afraid - that when he goes home, after voting for this amendment, and = with his constituents, that they will say to him, why did _ you vote for this; we would rather you should vote $1,500 dollars " [sic] a year to a superintendent of our schools [than] have our children remain under the deep and dark gloom of ignorance which . at present hangs upon them. Does any man here fear the people will say this to him? No, sir. Is there a single delegate in this - Convention who will pretend that if he votes for this superintend- ent, with a salary of $1,500 a year, that his constituents will _ murmur or complain of his vote; that they will for a moment an hesitate to approve of the act; that they will say to him, ‘‘we sent _ you to the Convention for no such purpose as this, we wanted, we _ desired, we asked for no such office; we wanted you to attend to : ~ the other business, and not to provide an officer, with sufficient _ salary, to promote the cause of education, and the instruction with advantage to our children? Does anyone pretend that they will Say we wanted no improvement in our system of commonschools, _ no reform in their operation, no change for the better in their _ practical effect? No, sir; there is not a man who will dare to utter such a reflection upon the character of the people. The sum _ of $1,500 is not too much. This officer will be engaged the whole year, he will have to travel from one end of the state to the other, will have to deliver lectures and addresses in every county (one _ hundred in number) in the state, will be absent for a great portion _ of his time from home and his family, and this sum will not be_ found too much. Compare, then, the salary of $1,500 a year with _ the immense benefits that will flow from his administration of the _ duties, with the great improvements that he will make, with the complete reform of our present inefficient system, and above all, with great saving from the inconsiderate expenditures now made; Bs and then will you say that $1,500 a year is too much? Suppose, _ sir, that the vast number of children of this state who have not Ris the benefits of education, and on whose infant minds its light has never dawned, were arrayed in one body before this conven- i tion, would not the sight elicit the warmest emotions of the soul, and cause the mind of every one here to make the inquiry, is it oO ree ( 916 ILLINOIS HISTORICAL COLLECTIONS not our duty, our highest duty, to provide for the education a moral cultivation of this mighty power that is rising up and soon will stand in our places in this hall? Such a spectacle is not possi ble, however, but the mind may picture it; arid before the mind of every delegate they may be arrayed, in all their growing streng and ignorance. Look at the returns of the last census of this state; in the large number who have no education, you can see a fa that points out too clearly the necessity for this state superintend ent. This office of state superintendent, in his opinion, would be the saving clause of this constitution. Many provisions h been inserted in it that were obnoxious to many portions of the people. Already do we find them taking sides against its adoption, we find their presses out in opposition to many of its provision: and this opposition, too, came from a quarter where the cause of education has been much neglected. Adopt this, and we hav one feature which the whole people will rejoice and be glad support—one which will be to them, perhaps, a sufficient reas to overlook other provisions to which they are hostile, and whi they would be content with rather than lose this. This considera- tion reminded him of another, equally important. What would be- come of the constitution itself, unless it was sustained by the intelligence and morality of the people, which depended on their means of education. The rights of men had for their sole protec: tion the creation of just laws, and they could only be founded and sustained upon the dissemination of virtue and knowledge amo the people. And shall it be said that one of the states of greatest republic that has ever existed, in Convention to frame t organic law of the land, has adopted a constitution without single provision in it for the promotion of education, or for t instruction and enlightenment of the minds of the people? Let gentlemen look abroad over the land, let them see what other states have done, what other nations, governed by a widely different policy, have done for the education of their people, a: it is calculated to bring the blush of shame to our cheek. L them look at the monarchies of Europe and see what they doing to strengthen themselves by the education of their people. Let them look at Prussia, famed all over the world for the extent and benefit of her common schools, and the liberality THURSDAY, AUGUST 26, 1847 917 _ her views upon education; and Prussia is an absolute monarchy! _ The same spirit has prompted the government of Bavaria, and _ she has taken steps that will eventually lead to the education and instruction of her people. All over Europe, from Poland to Siberia, from the shores of the White Sea, to the regions beyond the Caucasus, there is a system of complete common school education established. The sun of education is pouring down its refulgent rays upon that benighted and frozen region. France, too, has her normal schools, and her system of common schools. Austria is not behind the educational spirit that is characterizing the age. She, too, has her system in full operation. The Sultan of Turkey, and Pacha _ of Egypt have been moved by its power and the calling for teachers. In Constantinople, there has been established a society for the diffusion of knowledge, and there are, at this time, in Paris and London, Turks and Greeks, and Arabs, preparing themselves for the important task of teaching in their respective countries. In those countries, the office of a teacher, of an instructor of youth, is an honorable one, respected by the people and the laws. In Prussia, when these teachers get old, unable to perform their sacred duty longer, or when they die, a pension is conferred upon their children. Suchis not the casehere. We hold out no inducements, either by social or public laws, for making the office of a teacher an honorable or a profitable one. In this question he felt a deep and abiding interest, and felt satisfied that the whole people were as equally interested. To test the question before the Convention he had drawn up his amendment. Why [did] not then the gentleman from Jefferson either vote for or against the amendment, and not embarrass it with his motion to amend. He can as well accomplish his end by vot- ing against it, as by encumbering the constitution with any useless provision that the Legislature ‘‘may’’ do this &c., which they have the power to do without any such provision. He well remembered that but a short time ago gentlemen were loud and pertinacious in placing upon the Legislature every kind of restriction; that they then declared the necessity of providing in the constitution in express terms what the Legislature should not do, and prescribing also what they should do, for they said fe eds ptr ash a ce Fs da Ore eT TN OT ea eo 918 ILLINOIS HISTORICAL COLLECTIC that no confidence was to be placed i in the Legislature, could not be reasonably expected it would ever do anything was good, and would be continually running into evil if not re- strained. This had been the position of gentlemen, and the - gentleman from Jefferson among others. Why. then does he em- barrass this amendment with his proposal to insert “ ‘may’ instead | of “‘shall?’’ Why do gentlemen desire on this question so impor tant, and so necessary to be carried into effect, why do they desi to leave the whole matter open to the Legislature? What moi auspicious moment than the present to adopt this system—whe will you have such another opportunity? Why delay the goo work? Iowa, Wisconsin and Ohio have this state superintenden and must Illinois be behind all the rest? New York has not adop ed it. Why she has not done so, can be accounted for, she has — a system of education and common schools perfect in itself and it requires no hand to reform it, as does our own. We propose thi office of state superintendent as an experiment. It is not proposed as _ a permanent thing in the constitution to be fixed there unalter. ably, it provides that the office shall exist for six years, and ie, if the people are not satisfied with it, it may be abandoned. [ thought that six years would not be sufficient time to test t question, that in that period the superintendent would not be able ~ to produce such results as would show the benefits of his adminis- tration, but the committee say that it will, and have reported this — period and he was willing to go for it, and to risk the question. — Will not gentlemen allow us to try the experiment even for this _ period; will they not lay aside their prejudices and permit us try it, and if it does not succeed it may be abandoned. He was of opinion that this superintendent should be elected by the people; that he should be perfectly independent of tl other branches of the government, and that the choice should b left with the people themselves; but the gentleman from Madison (Mr. Epwarps) and the rest of the committee says that he should be appointed by the Governor and Senate, and if this be the opinion of the majority of the Convention, he would n hesitate to vote for it in that shape. If those who have the cau of education so much at heart think the superintendent should be appointed by the Governor and Senate he ahi. agree, but he THURSDAY, AUGUST 26, 1847 919 appealed to the Convention to give them the office in some way. His only object, his only desire, was that the superintendent _ should be provided for, and cared but little how he was chosen. _ He only desired to have the office created by the constitution, fixed permanently, made an independent department, above and beyond interference, and cared nothing particularly how you provided for his choice. In behalf of this object he appealed to the friends of economy and retrenchment, they who desired to carry them into all the _ departments of the government, to come forward and give their - support to this superintendent. If they sincerely desired to pro- mote retrenchment and economy let them vote for this great auxilliJary in the cause of educationand enlightenment of the people. Prodigality, extravagance and dishonesty were the results always _ attendant upon ignorance; but virtue, economy and justice were _ the sure results of intelligence, when lighted up by the holy glow of education. Therefore he appealed to the friends of retrench- - ment to come to his aid and support this proposition, whose object ___was to increase the intelligence, the morality and virtue of the 13 people. If he were called upon for a scheme to promote the prin- _ ciples of economy and retrenchment, to present them in all their _ truth and importance to the people, he would advocate this system having for its end the education of the whole people, the increase _ of their intelligence, the enlightenments of their mind, and the _ dissemination of moral and virtuous knowledge among them. He appealed to those among the delegates in the Convention, who were so nobly and generously the advocates of temperance, to come forward and support this. Nothing could be a more _ powerful aid to their efforts in the advancement of their benevo- _ lent cause than the education of the people, and the increase of their intelligence. i, To those engaged in the sacred cause of christianity, to _ those who are laboring to spread abroad over the land its light and its glory, he would earnestly appeal to come forward and support _ this proposition. They would find that it would aid them more de 1 Oe) & t “) an ARAT \ ONPRWe RT Sere ore, Oe WEAR Caney ieee tie i AMUN ne Dal RAT 920 ILLINOIS HISTORICAL COLLECTIONS — above to its author and founder, with feelings awakened by influence of education and moral instruction. He asked them th to come forward and adopt this. Oh! that he had a voice that would reach in tones of persuasiv eloquence the ears of all the parents within the bounds of the state, he would implore them to awake from the long night of | sleep, and fly to the support of education and to the rescue of their children. Oh! that he could present to their view, the destiny c of those, who were bone of their bone, and flesh of their flesh, when n they left their parental roof with minds shrouded in ignoranc te) and morals shaped for vice, with no enlightened perception t to select the path of virtue from the path of evil; stepping from crim e to crime, until their course closes in the prison cell of degradatior or perhaps the parent, in seeking his child, tracks him in blood to the scaffold of execution. It is then that the never dying worm of remorse seizes upon the aching conscience, it is then, when a is lost, that duties unperformed rise up in hideous array, and ve with horrid tortures the parent who has thus neglected the « e cation of his children. Look, said Mr. C., at the other side of the picture, and you see, traced in colors upon which the moral eye delights to dw the man whose mind has received the early impress of educati and the moral direction and tone which knowledge gives to charac- ter. His course through life is marked with purity, virtue and honor. If even poor the path of preferment has been opened I pointed out to him, there is no place or position to which he n not aspire. And when in after years he has clambered up fr. shelf to shelf, until he has reached the nakedest pinnacle of the all, he can look back and trace his starting point to the distri common school, and to the kind parent whose ever waking solici- tude for the welfare, prosperity and happiness of his child, did r permit the beneficial opportunities which the glorious system common schools affords to pass unimproved. With what call composure and resignation can such a parent shuffle off the mort care which binds him to earth and sever with ease the dearest | | with the realization of his brightest and pune antewareeel th hope itself, that great sunshine principle and might incentive THURSDAY, AUGUST 26, 1847 921 virtuous. action, folds its downy pinions in sublime and lofty re- pose. Let then the sun of education be made to shine upon this people, and its enlightening rays will soon dispel the murky fogs of ignorance and superstition through which so many of our people are compelled to creep, in abjectness and in misery from the cradle to the grave. Mr. ATHERTON made some remarks in opposition to the state superintendent, urging that we had not the means to pay him, and that the people could get along well enough under their present system, had they more means. And closed by moving to lay the subject on the table. The question was divided so as to vote first on laying the amendment of Mr. CampBELt on the table, and rejected, and then on laying the 4th and sth sections on the table, and it was also rejected. Mr. GREEN of Tazewell advocated the adoption of a provi- sion for a state superintendent of instruction, and in the course of his remarks congratulated the gentleman from Jo Daviess upon his better judgment, as expressed to-day in relation to the intelligence and principles of education of the people of Rhode Island, and assured the gentleman that the adoption of a system of education followed by that state would result in the inculcation of the same liberal and patriotic political principles of that state. Mr. DAVIS of Montgomery moved to amend the substitute by making it read, ‘“The Legislature may provide for the appoint- ment of a state superintendent of public instruction.”’ Mr. SCATES opposed the whole system, and then on motion of Mr. EDWARDS of Madison the Convention adjourned till ' to-morrow at 8 A. M. LXVI. FRIDAY, AUGUST 27, 1847 Prayer by Rev. Mr. Barcer. The question pending, at the adjournment yesterday, was on — the amendment offered by Mr. Davis of Montgomery. i ; Mr. BOSBYSHELL said, the general system of com school education, as adopted by our state, will do more insuppress- _ ing vice and immorality throughout this country, than all th punishment that can be inflicted upon the transgressor by o statutes. Yes, sir, all attempts that are made to improve general condition of the human family, will fail in the end, o be but partially accomplished, until the dark cloud of ignorance removed from the human mind, and man be made to feel the im- portance of a good character, reputation, -and the good he ow to himself, to all around, and to the great Author of his exis ence, and that virtue and happiness are most likely to be th legitimate attendants of that knowledge that orders and influen aright the practices and actions of men. And, sir, it is, from awak ening this inclination for the diffusion of useful knowledge of ever sort among the body of mankind, that we derive one of our strong- f est grounds of hope for human nature, and for the world; and it” is for this reason that we should hail with delight the establishment _ 4 of this general system of common school education, upon a solid and firm foundation; and it is, sir, with the same hope and interest, ~ that we should now look for the dissemination of such principle as will contribute to our happiness, and the happiness of thos who may come on the stage of life after us. But what earthh glory, sir, is there of equal lustre and duration to that conferr by education? What else could have bestowed such renown up the philosophers, the poets, the statesmen, and the orators of antiquity? What else, sir, could have conferred such undisputed applause upon Aristotle, Demosthenes and Homer; on Virgil Horace and Cicero? And is learning less interesting, sir, now — than it was in centuries past, when those statesmen and orator: charmed and ruled empires with their eloquence? Sir, let it n¢ 922 RTOS TL Nowhere HN Se SD ee mL ai aa 2 * '- rs ; FRIDAY, AUGUST 27, 1847 923 be thought that those great men acquired a greater fame than is _ within the reach of the present age. Many sons of this country, sir, possess as high native talents as any other nation of ancient or modern times! Many of the poorest of our children possess bright intellectual genius, if they were as highly polished, as did _ the proudest scholars of Greece and Rome. But too long—too _ disgracefully long, has coward, trembling, procrastinating indif- _ ference upon this subject, permitted them to lie buried in dark _ _unfathomed caves. Sir, it was a ray of the light of education that first actuated our forefathers to leave the land of their nativity _ and seek an asylum from oppression in this, then wilderness land. And it was the still farther illumination of the human mind, by a proper direction and cultivation of its faculties, that we, as a nation have prospered, and only can prosper. Thus, we see that in pro- portion, as the light of knowledge has dawned on the human mind, __ have correct principles been inculcated, and the happiness of the _ human family increased. To see the result in our state, we have _ only to glance at its condition. We behold ourselves as a state, though yet in our [in]fancy, in a prosperous condition; teeming with the fruits of a bountiful Providence, and with numerous institu- tions of learning, founded by the liberality and wisdom of an enlightened people. Whose prosperity, at home and abroad, is founded on the useful knowledge that is disseminated in every _ class in the community. y Messrs. Mason and Hurtgut both advocated the appoint- ‘ ment of the state superintendent. | 4 Mr. CALDWELL and Mr. EDWARDS of Sangamon present- __ €d propositions in relation to the state debt, which were laid on [the] _ table, and ordered to be printed. : ‘i Mr. CAMPBELL of Jo Daviess said, that he was exceedingly _ anxious to have a direct vote upon the question, whether they _ would have a superintendent or not and did not like to see _ it choked down with any such ridiculous amendment as that _ the Legislature may do what everyone knew they had the power _ to do without any provision on the subject. He liked no such _ evasive proposition, it was nothing more than holding out to the _ people a sort of pretended desire on the part of the Convention _ to give them what they looked for so anxiously. Why tell the 924 ILLINOIS HISTORICAL COLLECTIONS Legislature that they ‘‘may’’ do this? Do not the gentle: know that they have the power to create this office without thi provision, and why then burden the constitution with a recital of what the Legislature may do? If we do so in one instance why not in all, and where then will we stop?—When will this Conven- tion adjourn if we go on and insert in the constitution everythi that the Legislature may do, when we know they can do it as well without as with such provision. The object, however, was clear; they propose this ‘‘may’’ proposition in order to deceive the oon ple, and to avoid the responsibility of voting directly on a questio 1, which if they rejected, they knew the people would hold them responsible for. He was of opinion, anyway, that they aad be held responsible if this question was defeated, no matter how they managed to avoid and shrink from it. He hoped the amendment t would be withdrawn and the single isolated question of a state superintendent or not, would be voted upon, and either ee or rejected. “4 Mr. ARMSTRONG moved to lay the amendment of | Davis on the table; whereupon Mr. DAVIS said, he would withdraw his anon moved the previous question. Mr. LOGAN appealed to him to withdraw it, and it was with drawn. Mr. LOGAN then renewed the amendment just withicaeae By Mr. Davis. 4 Mr. PRATT moved to lay the amendment on the talile: a A. Mr. CAMPBELL of Jo Daviess modified his substitute so that the superintendent should be appointed by the Governor a two-thirds of the Senate. The question was taken by yeas and nays on ae ne amet ment of Mr. Locan on the table, and the motion was lost— 64, nays 79. Mr. ATHERTON moved the previous question; ordered. And the question being taken on the amendment of } Locan, to the substitute of Mr. CampBELt, it was adopted—y 82, nays 63. ‘% The question then recurred on inserting the substitute s amended in lieu of the 4th and sth sections of the report. es Sere FRIDAY, AUGUST 27, 1847 925 Mr. PRATT asked for a division of the question so as to vote first on striking out those sections; and the division was refused. Mr. CAMPBELL said, that he hoped now the whole subject would be laid on the table; there was no use in swelling the con- stitution with a useless recital of powers in the Legislature, that no one doubted, but they had at present. The question was taken by yeas and nays on striking out 4th and sth sections and inserting the amended substitute, and it _ was decided in the affrmative—yeas 82, nays 62. Mr. ARMSTRONG moved that the report be now taken up, section by section; adopted. Mr. LOGAN offered as an additional section to follow section one, the following: “All money hereafter received from the government of the United States, on account, or for the benefit of, the school, college and seminary fund, or either of them, be appropriated to the payment of the bonds of this state held by the government of the United States in trust for the Smithsonian Institute until said bonds are discharged: and the amount so paid shall be added to the school fund, and interest thereon shall be promptly paid.’’ Mr. DEITZ offered the following substitute therefor: ““All moneys hereafter received from the government of the United States, on account or for the benefit of the school, college and seminary fund, or either of them, shall be invested in the outstanding bonds of this state at their market value, so long as any bonds are outstanding, and it shall be the duty of the General Assembly to make provision for the punctual payment of the interest on the bonds so purchased.”’ Mr. MOFFETT moved the previous question; ordered. Mr. DEMENT moved a call of the Convention;—refused. The question was taken on the substitute, and it was adopted. Yeas 75, nays 70. The amendment, as amended, was then adopted—yeas 72, nays 69. Mr. SCATES moved to add to the end of the second line of the first section: ‘‘and also the moneys arising from the sale of the sixteenth section.”’ AY Soh Orda oe Pret hun ‘Te, We, ft ‘ file : é# sy 926 «ILLINOIS HISTORICAL COLLEC’ TONS Ke Mr. TURNBULL moved to lay the amendment “on the. ; Carried. 4 Mr. DAVIS of Montgomery moved to amend by adding following additional section: i ‘The interest due to the several counties of this cee ‘og the school, college and seminary fund, shall be paid annually, the proper officers of said counties, in gold and silver”? Mr. CONSTABLE moved to reconsider the vote, by whi ' the report was taken up by sections; and the motion, By Lia an nays, was carried—yeas 72, nays 59. The whole report being then before the Convention, Mr. CONSTABLE moved to lay the whole subject: on t table. Carried—yeas 73, nays 58. a Mr. SCATES said, that one of the members of the eee com n mittee on preparing a schedule, had gone home and would not return. He therefore moved that the President fill the vacancy Q on that committee, occasioned by the absence of att Many, from the 4th circuit. Me Mr. SMITH of Macon moved the Convention adjourn. ie jected. et Mr. SCATES said, the committee wand have a meeting a ; 2 o'clock, and the vacancy ought to be filled now. Considerable time was consumed and much confusion pr vailed, during which, motions to adjourn were continually made by Messrs. THomas, SmirH, Woopson, Dawa KENNER an d KNowLTon; which were rejected. Jz Mr. HAYES contended that the chair had the power, ihe 3 any motion, to fill the vacancy; but he hoped the motion would be persisted in, to see how long the whigs would struggle to prev the vacancy being filled. Messrs. THorNtoN, KNowLton and Woopson opposed motion, and argued that there was no evidence that Mr. Ma 1 was absent. ' Messrs. Z. Casey, ARCHER, and others informed the house th Mr. M. had gone home. ‘g After various motions to aici had been voted down, ~ Mr. LOGAN said that he hoped the opposition would be wit h- drawn. a a es a y sien ery ie. al ee of en, Sede . A i a ee a - Salt ty 4 Ae Me aoe 2 ae - FRIDAY, AUGUST 27, 1847 927 The motion was put, and no quorum voted, (one side of the _ house refusing to vote). The motions to adjourn were renewed, and again rejected. And finally, the motion of Mr. ScaTes prevailed, and Mr. Hayes was appointed to fill the vacancy. And then the Convention adjourned till 3 P. M. AFTERNOON _ Mr. EDWARDS, from the committee on Revision, to whom had been referred the subject, made the following report: Sec. —. Whenever two-thirds of all the members elected to each branch of the General Assembly shall think it necessary to alter or amend this constitution, they shall recommend to the electors at the next election of members to the General Assembly, to vote for or against a convention; and if it shall appear that a majority of all the electors of the state voting for Representatives, have voted for a convention, the General Assembly shall, at the next session, call a convention, to consist of as many members as the House of Representatives, at the time of making said call, to be chosen in the same manner, at the same place, and by the same electors, in the same districts that choose the said General Assem- bly, and which convention shall meet within three months after the said election, for the purpose of revising, altering or amending this constitution. Mr. KENNER offered the following substitute therefor: Sec. —. Any amendment or amendments to this Constitution, may be proposed in either branch of the General Assembly, and ‘if the same shall be agreed to by two-thirds of all the members elect in each of the two houses, such proposed amendment or amendments shall be referred to the next regular session of the General Assembly, and shall be published at least three months previous to the time of holding the next election for members of the House of Representatives, and if (at the next regular session of the General Assembly after the said election) a majority of all the members elect in each branch of the General Assembly shall agree to said amendment or amendments, then it shall be their duty to submit the same to the people at the next general election, _ for their adoption or rejection, in such manner as may be pre- 928 ILLINOIS HISTORICAL COLLECTIONS scribed by law, and if a majority of the electors voting at suc election for members of the House of Representatives, shall vote — for such amendment or amendments, the same shall become a part of the constitution. But the General Assembly shall not have - the power to propose an amendment or amendments to more than one article of the constitution at the same session. moved to add the foregoing to the report ae the comnmieee. | Mr. McCALLEN moved to lay it on the table. The amendment was then adopted. “a The report, as amended, was adopted and referred to the a committee on Revision. “a Mr. WOODSON moved to take up the report of the com- . mittee on Finance. Adopted. o The question pending was on the substitute offered by Mr. j Epwarps of Madison. ‘h Mr. CALDWELL offered the followin as a substitute for q the substitute: ¥ ARTICLE — 4g Section 1. There shall be levied upon all the taxable propert of the state, a tax of three mills upon every dollar’s worth of such property; which, as collected, shall be faithfully applied to the a payment of the internal improvement debt of this state. % Sec. 2. The collectors of the several counties of this state, in 7 making collections of the tax provided for in the last section, shall receive in payment of said tax the indebtedness of this state in- ~ curred on account of the internal improvement system, or specie in payment of said tax, on an assessment of two mills upon ever dollar’s worth of all taxable property in this state. Src. 3. The General Assembly shall, by law, make such pro- vision as will enable the holders of such indebtedness to depo the same with the Auditor of Public Accounts, and receive in lie thereof certificates in suitable sums, which shall be received in payment of the tax provided for in the first section. we And the question being taken thereon, it was rejected. Mr. EDWARDS of Sangamon offered the following as a sok : stitute for the one pending: FRIDAY, AUGUST 27, 1847 929 : Sec. —. It shall be the duty of the Legislature to ascertain “upon what terms a satisfactory arrangement can be made with our creditors for the payment of the state debt, and if any agree- ‘ment can be entered into, that meets with the approbation of the General Assembly, the law containing the terms of such compro- “mise shall be submitted to the people, and if approved by a majority voting for and against the same, shall be irrepealable; and it shall be the duty of the General Assembly to pass all laws necessary to enforce its provisions and continue the same in force, until the stipulations on the part of the state shall have been complied with. Messrs. Locan and Hayes opposed the last, and advocated the proposition of Mr. Epwarps of Madison. Mr. EDWARDS of Madison withdrew the 2d and 3d sections of his substitute. Mr. LOGAN moved to lay the substitute of his colleague on the table. Yeas 92, nays 38. Mr. AKIN moved to lay the whole subject on the table. Lost. Mr. CALDWELL offered the following as a substitute for the one now pending; and it was rejected. _ Sec..1. There shall be levied upon all the taxable property ‘in this state, an alternate tax of two mills, in state indebted- ‘ness, and of one mill in specie, on every dollar’s worth of such ‘property; which, as collected, shall be faithfully applied to the ‘payment of the internal improvement debt of this state. Sec. 2. The collectors of the several counties of this state in making collections of the two mill tax provided for in the last section, shall receive on payment of said tax the indebtedness of this state, incurred on account of the Internal Improvement “system, or specie in payment of said one mill tax, and the payment of either of said assessments shall be a discharge from the other. Sec. 3. The General Assembly shall by law make such pro- ‘Vision as will enable the holders of such indebtedness to deposit ‘the same with the Auditor of Public Accounts, and receive in lieu thereof certificates in suitable sums, which shall be receivable in ‘payment of the two mill tax above provided for; provided, that the foregoing sections shall be submitted as a separate article to voting for and against the same. Mr. CONSTABLE moved the p1 Seas r. BALLINGALL moved to rec 01 Hee See question. |’ Carnied:).\0 793 And then the Convention adjourne LXVII. SATURDAY, AUGUST 28, 1847 Mr. EDWARDS of Madison, for the committee on Revision and Adjustment of Articles, &c., reported back to the Convention the several articles adopted by the Convention with numerous verbal amendments. The same was read, section after section, which occupied two hours and more, and the amendments were concurred in. The Convention then resumed the consideration of the report of the committee on Finance, and the pending substitute therefor. Mr. WHITESIDE offered an amendment, a copy of which we did not get, but its purport was, that the collectors of the tax proposed might receive in payment thereof the stocks and other indebtedness of the state. Mr. CONSTABLE opposed the amendment. The Auditor of this state, in the discharge of his duty at the seat of government, with all the means and facilities of discovering the genui[ne]ness of the bonds, had received over $40,000 in forged bonds. If this occurred here, how much more of these forgeries would be received by these collectors, who had not the means of testing their _ genuilne]ness; it would be but giving those who had those forged _ bonds an opportunity of putting them upon the state. None but forged papers would be received, for the persons holding the "genuine ones were not indebted to the state. Mr. DEMENT opposed the amendment of Mr. WuiTEsIDE, for additional reasons, than had been urged by others. He did not believe, that in practice, the proposition could be carried out in a way that would be beneficial to the mass of tax payers. None but large tax payers would find any advantage from the proposition; while large landholders could apply the stocks and evidences of our state indebtedness in payment of their taxes, __ so as to reduce the rate of taxation from 50 to 70 per cent.; the mass of the tax payers could not avail themselves of it at all. _ Therefore its operation upon the tax payers would be partial, __ and discriminate in favor of the large property holders. While 931 932 ILLINOIS HISTORICAL COLLECTIONS on the floor he would avail himself of the occasion to ree a few objections to the main proposition, which urged themselves with — great force upon his mind, and which would, perhaps, influence — him to vote against it, and would also apply to many other sub- — jects that had been brought before the Convention, and were | proposed to become parts of the new constitution. This is, that — he thought this proposition to levy an additional tax of two mills — upon each dollar’s worth of property, should not form any part of — the permanent organic law of the state. It was a mere question — of policy, applying to a peculiar condition of our state, over which © circumstances, variable and changeable, have great influence, — and a policy which would seem very proper to-day within a short — period might become very unwise and inconvenient. He did not — doubt the willingness of the people to submit to the imposition — of any just and reasonable rate of taxation for the purpose of pay- — ing the obligations and indebtedness of the state, and would, from — year to year, support the levying of such a rate of taxation as would be satisfactory to our creditors, and calculated to sustain the credit of the state in the estimation of the good and just of every section. He did not feel sure, however, that a proposition — to fix irrevocably in the constitution an article imposing an addi-— tional tax of twenty cents on each one hundred dollars’ worth of © property, when encumbered by such objectionable features and — principles as the proposition of the gentleman from Madison ~ (Mr. Epwarps) contained, would meet with the approbation and ~ support of the people; and while the people are as fully resolved _ upon paying the state debt by taxation as men could be upon any subject, they might, in his opinion, very justly vote down chil 5 proposition on account of the arbitrary and unjust mode upon ~ which we here seem to determine upon making this payment. meant the application of the money in the payment of the pri pal only of the debt, leaving our first and solemn obligation, | pay the interest on the debt, unprovided for in the constitution. — The proposition contains a speculation determined on, if adopted, : by the Convention, without consulting our creditors. This pro osition requires this large sum of money to be kept separate to be applied to the payment and extinguishment of the princip (original only) of the debt. It may be said that our creditors ne SATURDAY, AUGUST 28, 1847 933 not take it unless they are willing.—This was true, and they will not take it, (at least many, in his opinion, will not) and then what is to be done with this large sum of money, which must, of neces- sity, accumulate and lie useless in our state treasury, while the ‘interest on the debt remains unpaid. - Mr. BOND followed in a speech in favor of the substitute, and explained that his course in advocacy of a poll tax had been dictated by a desire on his part, and the part of his constituents, to raise a revenue to pay off the debt. Mr. GREGG said that he did not propose to enter into a dis- cussion of the subject under consideration—The proper period for discussion had gone by. The session of the Convention was too near its close to permit such full and free consideration on the _ proposition that had been offered as was desirable. He regretted that this was the case—he regretted that the subject had not been brought forward at an earlier period, so as to enable members to give full expression to their views and feelings. Had this been done he thought the action of the Convention would have been wiser than it was now likely tobe. Hewouldhave beenglad to discuss this subject fully, and enter at large into an exposition of what he thought to be the proper financial policy of the state; but now he proposed to confine himself to a brief statement of the course he intended to pursue. Gentlemen had undoubtedly made up their minds as to their votes, and he did not intend to occupy their attention when they were so anxious for a settlement of the question. He was not prepared to give his support to the amend- ment offered by the gentleman from Monroe. The reason[s] which had been assigned by others as the ground of their opposition were satisfactory to him. He did not think it wise or expedient to permit any tax that may be imposed to be collected in scrip, or other evidences of indebtedness. It has been well said that frauds might be committed, which no precaution would be able to pre- vent. Besides, might we not be treating the public creditors with injustice?—Nor did the proposition of the gentleman from Madi- son altogether suit his views. It proposes to apply the avails of the two mill tax towards the extinguishment of the principal of the debt. He would prefer a provision more in accordance with our obligations to the public creditors. We have contracted to charged before we attempt to extinguish the principal. Ree of paying off the whole will not be much prolonged if that course — is taken. According to the calculations of the gentleman fro Madison, a period of only twenty-five years will be required t liquidate, in the manner proposed by his substitute, all that po tion of the debt incurred for internal improvement purposes. _ did not doubt the accuracy of his calculations. If an error h been committed it consists in estimating the annual increase o our taxable. property at too low a rate. He thought the increase considerably beyond seven per cent. From 1842 up to the present time it has been over twelve per cent. Many gentlemen seem to think that we may reasonably calculate an annual increase of t per cent. during the next twenty-five years. If they are correct, — there will be no difficulty in discharging, in that time, first the — interest now due, and then the accruing interest and principa But however objectionable may be the proposition of the gentle- man from Madison, he was satisfied that it cannot be amended the manner he had just suggested. There is an evident dispos f tion on the part of members of the Convention to go for it as. it : stands. The report of the Finance committee has not the slightest chance of favorable consideration. Under these circumstances he was inclined to go for the proposition of the gentleman fro Madison as the best measure likely to be of any effect in providi for the payment of the public debt. He did not sustain it as h first choice, but because he was convinced that nothing better ca be obtained. The proposition to submit the question of a t mill tax separately to the people for their approval did not meet his views of propriety. It implied a doubt of the popular willing . ness to make provision for the payment of the public debt. What- : ever provision may be adopted should be placed in the body « the constitution, and take the same fate as that instrument. — people of this state have a proper sense of what is due to the selves and the public creditors. There is no spirit of repudiatio at work in any part of this state. From every quarter we hea the same honorable sentiments expressed. All are desirous discharging our obligations in good faith and justice. There is general expectation that this Convention will make some ade- SATURDAY, AUGUST 28, 1847 935 quate constitutional provision on the subject. If we fail to do this, we shall not do what is plainly required of us. Mr. G. con- tlemen predicted. _ Mr. DAVIS of Massac said, that he deemed it due to himself and the people he had the honor to represent to express his views ‘on the question now before the Convention. There was no sub- ject in which he took a livelier interest than that then under sideration; there was none indeed in which the people of the tate feel so deeply as that of the state debt. This debt, sir, ‘was contracted by the representatives of the people at a time when all men seemed to be mad on the subject of internal But, sir, it is wholly immaterial how or under hat circumstances the debt was contracted. It is enough for | honest man to know that we are in debt, and that the sacred faith of the state is pledged for the payment of that debt. Upon ate. Shall we, the representatives of the freemen of Illinois, ove recreant to the solemn duty which we owe to ourselves and “to posterity?—Shall we forget, sir, that the eyes of the world are upon us, and that if we act wisely we will be hailed as public bene- factors. But that if we shrink meanly from the performance of a olemn duty we will be branded as cowards and traitors to the est interests of our countrymen. We are in debt, sir. I repeat we are in debt, and should pro- de for its payment! The question then arises in what way shall : do this? We know of but one plain and practical way, and at was by taxation. You may talk, sir, about funding the bt, but when you attempt to do that you will find that you ‘cannot fund without money, and to raise money you are com- led to resort to taxation. If you would pay the debt then you t tax the people, or at least you must allow them to tax them- s. The people, sir, are honest, they desire to see some pro- ion made for the payment of what they owe, and are willing to submit to reasonable taxation to accomplish that end. Let th once know, that they must tax themselves or suffer the debt t or require heavier taxes to meet it, and they will tell you t procrastination is unstatesman-like and ruinous. They will to you, sir, that you should have made your best endeavors to g rid of this great evil of a public debt, at the earliest possible d The proposition on the table, was to his mind unexceptionabl What is it, sir? It is a proposition, to be submitted to the peo for their approval or rejection. Rejection, did I say? No, not for their rejection, for the people never can reject, they ne will reject such a proposition. Their good sense teaches th that they must tax themselves to pay the debt of the state, repudiate it; and knowing this, they will cheerfully submit — taxation, that the honor of the state may be preserved, untarnish by the stain of repudiation. What, sir, is the amount pro- posed to be levied? Two mills on the dollar’s worth of property — This sir, is a trifling tax when compared with the magnitude of object to be secured by its payment, the prevention of the gro of the present amount of debt, and the maintenance of the ho and faith of the state. And how is this tax of twenty cents on hundred dollars’ worth of property to be imposed? By the vol tary consent of the people. It is not to be an arbitrary tax, acted from the people without or against their consent, but sir, 1 to be a free offering of the people made on the altar of their count honor.—What, sir, are the present condition and future prospect of this state. Now, only twenty-nine years old, she owes abou eleven millions of dollars, (canal and internal improvement taken together) the former of which is said to be provided f the latter being six millions of dollars only. What is this, st a state such as Illinois is destined under Providence soon t She, sir, comprises within her constitutional limits, fifty thousand square miles, of the most fertile and productive lan the habitable globe. Her population is rapidly increasing in ber and resources. She numbered at the taking of the last c more than seven hundred thousand souls—the increase almost a hundred per cent in the short period of five years. / what, sir, is the amount of her taxable property?—one hund SATURDAY, AUGUST 28, 1847 937 millions, while yet in her infancy. Is there a delegate from any county in the state on this floor who will hesitate to give his vote in favor of the proposition? There may be some such, but why so?’—Are they afraid to submit this proposition to the people? Certainly there are none such here. All acknowledge that the debt ought to be paid, and that there is but one way to pay it Why then hesitate? Do gentlemen suppose it would be wiser to leave this subject to future Legislatures, than to submit it to the people? If they do, let me remind them that Legislatures are not always willing to assume the responsibility of taxing their constit- uents, and that they are sometimes behind the people in matters of this kind. The representatives of a free people should be cautious how they tax them and for what purpose, and so they ever are.—Again, sir, should this subject be left where it is, with the Legislature—the representatives of the people might not know, and indeed it would be difficult for them to know the real sentiments of the people in relation to it. But, sir, let the subject be submitted to a vote of the people, and all doubts would be removed; they are the source of all political power, and their voice will be heard and obeyed. Are there any here who will vote against this proposition because they fear that the people may possibly refuse by their votes to adopt it? If there are any such he would say to them discard your fears, trust the people in this momentous affair, they will decide it right. But suppose they should vote against the two mill tax, would our condition be worse then than now? Not at all, sir. We do not pay now—we would not pay then. But what reason have we to fear that the people would reject this proposition? Are the apprehensions of gentle- ‘men on this score not contradicted by the experience of the last three or four years? What, sir, was the voice of the people in relation to the tax imposed with a view to the completion of the canal? It was the voice of approval. The proceedings of the meetings of the people of several of the southern counties furnish evidence of the sentiments of the people of that quarter on this subject. But, sir, the gentleman from Lee, though individually in favor of the proposition of the gentleman from Madison, if he understood him aright, thinks it possible, that demagogues may tell the people that it is wrong, and induce them to go against it. 938 What, sir, are demagogues to give tone to the public Gate in| this state? Where, sir, will be the patriotic sons of Illinois then? Will there not be enough left to silence the tongue, of Hemedpgiomt) Yes, sir, and they will silence it. ay Again, the gentleman from Lee says that the Aeeple may ‘ desire to have the tax repealed, but if you insert it in the consti- tution, it will be irrepealable; and although it may operate oppres- sively, the people cannot get rid of it. The tax proposed to be submitted for the adoption of the people, is only two mills on the — dollar. Is it probable, nay, is it possible, that such a tax — could ever become oppressive? I think not, sir. I hope not. In Bh: conclusion, sir, said Mr. D., I hope that the amendment of | the * honorable gentleman from Wantage will be rejected. It is wrong— i I cannot support it. Should it be adopted, the wealthier tax payers would be benefited, they might pay their taxes in state M indebtedness; poor men could not command state bonds, and would — iM therefore be compelled to pay their taxes in gold and silver or their iy equivalents. I hope, sir, that the proposition of the gentleman % from Madison will be sustained by the Convention. © Ny Mr. WHITESIDE withdrew his amendment. Messrs. Locan and Epwarps continued the discussion. a Mr. HURLBUT moved the previous question. . abe’ Mr. PRATT desired to express his views, and hoped the call for the previous question would be withdrawn; which was re- fused. om The yeas and nays were taken on ordering the previous ques- tion; and it was ordered—yeas 65, nays 53. ie Mr. HOGUE moved the Convention adjourn. tee ‘ Mr. DEMENT moved a call of the Convention. Refused. Mr. ARCHER asked a division of the question, so as to vote, first on striking out the Finance committee’s report. Refused. The question was then taken on substituting Be Plan. “a Br W ae in the afirmative—yeas 96, nays 27. Mr. PRATT said, he was a member of the Fi inance committee SR Se Ie ee a URE, TEC TOR Te ne SATURDAY, AUGUST 28, 1847 939 ‘to pay the state debt, as no other could be presented, he would v ote for it. _ Mr. BROCKMAN said he, too, was a member of the com- mittee, and for the same reasons expressed by the gentleman from ‘ Jo Daviess, he would vote for the substitute. _ The question recurred on the adoption of the substitute, as an eeicle of the Constitution; and resulted—yeas 97, nays 23. a The article was then ebeteed to the committee on Revision. And the Convention adjourned till 3 p. m. AFTERNOON Mr. THOMAS moved to reconsider the vote by which a resolution ordering 50,000 copies of the constitution to be printed _ was passed. _ He then moved that the number be changed to 150 copies for each member; which was changed to 200 copies for each member; and was then passed. _ Mr. KITCHELL offered the following, which was adopted: Resolved, That the number of copies of the’ new constitution, dered to be printed in the German and Norwegian languages, hen printed, be distributed equally among the German and Norwegian population of the state; and that the several members of this Convention report to the respective committees appointed to procure the printing of the constitution in said languages, the number of such German or Norwegian population in their respec- ve counties. _ The reports of the committee on Internal Improvements, é Agriculture, &c., was taken up, the first section adopted, and after the rejection of various amendments upon different subjects, the emainder was laid on the table. Mr. SCATES, from the select committee on the schedule, re- ported several sections, to compose that schedule. " Mr. THORNTON, from the minority of the same committee, ya so made a report. _ Mr. PETERS moved they be laid on the table, and printed. Rejected. _ The majority report was taken up by sections, and down to he eleventh section was adopted. She SS og Be ees fs hy ? voted on separately by the ae and to nae a ee report. After a short debate, the motion was carried—ye nays 61. Mr. WOODSON proposed a substitute for the e twelfth: se which was adopted. The thirteenth section was read. Mr. DEMENT moved that the Convention adjourn. — Section thirteen was laid on the table. : Hi -Mr. BOSBYSHELL moved the Convention adjourn. — ioe Section fourteen (proposing that the first election for sta officers shall be held in August, instead of November, He4ih) Ww read. Various motions to adjourn, for a call of the Convent n, were made, and lost. i Mr. LOGAN moved to strike out Augdee! aaa insert ver, 1848. Pe Pending which motion, und after the utmost confusio fi hour, nearly one hundred members on the floor at a time, all} of missiles (harmless) flying from one end of the house to th ot 1e1 everybody speaking, nobody listening, the PRESIDENT unable to be heard in his demands for order, the question te adjourn was again put, and as all the members were on their at the time of the division, the “ayes” had it. os ee LXVIII. MONDAY, AUGUST 30, 1847 __ The question pending at the adjournment on Saturday was on _ the motion of Mr. Locan, to strike out ‘‘August’’ and insert ~ *‘November.”’ 4 Mr. HAYES moved the previous question. Mr. LOGAN moved a call of the Convention.—Refused. % The previous question then was ordered. A division of the question was asked, and refused. 2 The yeas and nays were ordered on the motion of Mr. Locan, and resulted—yeas 66, nays 77. % The section was then adopted—yeas 79, nays 65. ¥ Section 15 was struck out, and section 16 adopted. : Mr. PRATT offered an additional section; which was laid on _ the table. BY Mr. J. M. DAVIS offered an additional section, providing that 2 all elections should be held in August; which was rejected—yeas 35, nays 95. ; Mr. SCATES offered an additional section; to which Ke Mr. LOGAN moved to add, that the judges should be elected fs in November, 1848. n Mr. HAYES moved to insert ‘‘September;’’ which was accept- _ ed, and then the section passed. ; The schedule was then referred to the committee on Revision. ___ Mr. CONSTABLE, from the select committee to prepare an address to the people, made a report; which was read. Mr. DEMENT excepted to a remark in it in relation to the " provision in relation to the two mill tax, and was replied to by Messrs. Constasie, Epwarps and Loeay. Mr. ARCHER moved the previous question; which was ordered, and the address was adopted—yeas 113, nays 29. __ Mr. CONSTABLE moved the address be referred to the com- ‘mittee on Revision. Mr. LOGAN moved that the address be added to the constitu- tion, and that it be printed therewith. 941 Sa bs . a _ Mr. BROCKMAN said that the motion was unnecessary; | resolution to raise the committee on the address required if address to accompany the constitution. Atm Mr. ARCHER moved that the address be referred to the mittee on Revision, and that it be printed with the consti excepting in the 250 ordered to be printed for the use of the vention. m ' And the motion was carried—yeas 94, nays 29. Mr. LOCKWOOD offered a resolution that the committe Revision be instructed to correct and supply all pence and omissions in the constitution. Carried. es, Mr. LOGAN moved that two copies of the journal be each member of the Convention, and that 200 copies be mis ef in the office of the Secretary of State. Carried. Mr. KNAPP reported back various papers that had bee referred to the committee on the Bill of Rights. _ cal Mr. HURLBUT moved the Convention adiouts till s P. Carried. : rh AFTERNOON Mr. THOMAS moved that the Convention adjnuins till morrow morning. He said that the enrolling clerks were at v : that the committee on Revision had not yet completed t work, and that it was impossible to have the constitution re to sign till morning. Mr. ARCHER hoped the Convention would adjourn to o7 morning. Both motions were withdrawn, and oh Mr. ECCLES offered a resolution that joe T. Ew! assistant secretary, be allowed the same compensation to the assistant secretary. * Mr. NORTHCOTT moved to nee it on the table. ‘Refi ed The question was taken by yeas and nays on the adoption the resolution, and it was passed—yeas 85, nays 32. p Mr. DEMENT offered a resolution that the President of t Convention deliver the constitution, when signed by the memb Cae a . Wy, vex * Wn iyi ert 5 -7s 3 Ieee * d “a 9 oi P el Sei a, ; A; : ; Ts ? ae _ MONDAY, AUGUST 30, 1847 943 resolution; which was unanimously adopted. ident, Hon. Newron Croup, for the dignified, impartial ‘teous manner in which he has presided over its deliber- manner in which they have discharged their duties as Be) then the Convention adjourned till to-morrow morning d, That the thanks of this Convention be tendered to Seep aa sen tan re” ’ cnt Pte ae ee ee eT Me se ne! oe we ie 4 se i er LXIX. TUESDAY, AUGUST 31, 1847 The committee on Revision reported back to the Convention, — the schedule and address, with various verbal amendments; which — were read, and adopted. “4 They also reported an enrolled copy of the constitution and schedule; which were read over, and some amendments, erasures, _ and interlineations were made. , The constitution was then adopted, by yeas atid nays, as follows: a Yeras—Adams, Armstrong, Atherton, Blakely, Bad! Bosby-_ ‘ shell, Brockman, Brown, Campbell of McDonough, Campbell of a Jo Daviess, Zadoc Casey, Choate, Church, Churchill, Constable, — Crain, Cross of Winnebago, Cross of Woodford, Dale, Davis of — McLean, Davis of Montgomery, Dawson, Deitz, Dement Damnineal Dunn, Dunsmore, Eccles, Edmonson, Edwards of Madison, — Edwards of Sangamon, Evey, Farwell, Frick, Graham, Geddes, © Green of Clay, Green of Tazewell, Grimshaw, Harding, Harlan, ~ Harper, Hatch, Hawley, Hay, Hayes, Henderson, Hill, Hoes, Hogue, Hunsaker, Hurlbut, Huston, Jackson, James, Jenkins, Jones, Judd, Kenner, Kinney of Bureau, Kitchell, Knapp of Jersey, Knapp of Scott, Knowlton, Knox, Kreider, Lasater, Laughlin,. Lemon, Lenley, Lockwood, Logan, Loudon, McCallen, McCull McClure, McHatton, Markley, Marshall of Coles, Marshall Mason, Mason, Matheny, Mieure, Miller, Minshall, Moor Morris, Northcott, Norton, Oliver, Pace, Palmer of Macoupi: Palmer of Stark, Peters, Pinckney, Pratt, Rives, Robbins, Robi ~son, Roman, Rountree, Scates, Servant, Shields, Shumway, Si ley, Sim, Simpson, Smith of Macon, Spencer, Stadden, Swa Thomas, Thompson, Thornton, Trower, Turnbull, Turner, Tutt, © Tuttle, Vernor, Wead, Webber, West, Williams, Witt, Whiteside, 4 Whitney, Woodson, Worcester, Mr. President,—131. ig Nays—Akin, Ballingall, Bunsen, Colby, Gregg, Kinney of St. Clair, Smith of Gallatin—7. Re Absent—Allen, Anderson, Archer, Blair, aa Caldwell, 944 TUESDAY, AUGUST 31, 1847 945 anady, Carter, F. S. Casey, Davis of Massac, Dunlap, Green of o Daviess, Harvey, Heacock, Holmes, Lander, Manly, Moffett, ichols, Powers, Sharpe, Sherman, Singleton, Vance. f Mr. SCATES moved that the various interlineations and erasures be noted at the end of the constitution before it shall be signed; which motion was concurred in. He also moved, that as soon as the same was done, that the _ constitution be signed by the President, and then by the members in alphabetical order, and the whole to be attested by the Sec- _retaries. Adopted. . Mr. ECCLES moved that members having authority from absent delegates to sign for them, be allowed to do so. Carried. mh 4 - Mr. GREGG moved that members not present be allowed gy to sign the constitution, at any time before the first Monday i in x Mr. ‘WOODSON moved that Mr. N. W. Epwarps and the So of State be directed to compare the printed copy with _ the enrolled one, and that when correct they certify to the same. Bi Mr. CONSTABLE moved to add to the committee Mr. a BrayMAn, esq. Agreed to, and the motion [was] adopted. The erasures and interlineations were then noted by the clerks at the foot of the constitution, and at half-past twelve o’clock the President signed the instrument. The members then in alpha- betical order signed the constitution, many of the names of the absentees being written by their authority by members present. _ The same being concluded, the President delivered the con- stitution into the hands of the Hon. Horace S. Coo ey, Secretary of State, to be by him preserved in the archives of his office. No other business being before the Convention, _ The PRESIDENT rose, and in a few brief, but feeling remarks, congratulated the Convention upon the happy result of their labors, and wishing them a safe return to their families, health and pros- perity, he bid them an affectionate farewell, and pronounced the APPENDIX BroGRAPHICAL SKETCHES OF OFFICERS AND MEMBERS OF THE CoNSTITUTIONAL CONVENTION Adams, Augustus: born May Io, 1806, in Genoa, Cayuga County, New York; 1817, thrown on his own resources by his father’s death; spent summers on farm, ted spare time to study, and taught school during four winters; 1829-1837, acted foundry and machine shop at Pine Valley, New York; 1838, came to n, Illinois; returned to New York in spring of 1839, and in 1840 removed with ly to Elgin; 1841, established at Elgin the first foundry and machine shop west of Chicago; manufactured first harvester on which grain was both bound and ed; in collaboration with Philo Sylla invented the hinge sickle bar now used all mowing machines; 1847, member of Constitutional Convention; 1850-1852, ‘representative in General Assembly; 1854-1858, state senator; 1856 (1857), closed ness at Elgin and established himself at Sandwich, DeKalb County, in the ufacture of Adams’ Corn Sheller; 1867, organized and became president of ; wich Manufacturing Company; 1869, appointed by Governor Palmer as one of the commissioners to locate Northern Hospital for the Insane; 1870, organized nd became president of Marseilles Manufacturing Company; in politics a Whig, d thereafter a Republican; died 1892. United States Biographical Dictionary, Illinois Betas, 353-354; Blue Book of Illinois, 1913-1914, pp. 362-364; Past and Present of e County, 392; Gross, Past and Present of DeKalb County, 2:217-218; Portrait nd Biographical Album of DeKalb County, 473-474; Hollingsworth, 4 List of the embers. _ Akin, George W. (John W.): born 1814, in Tennessee; 1818, brought to Ili- nois; farmer near Benton, Franklin County; 1842-1848, sheriff of Franklin County; r 1847, United States deputy marshal; 1847, member of Constitutional Convention; aa a Democrat. History of Gallatin, Saline, Hamilton, Franklin and Wiil- Tiamson Counties, 369, 385; Hollingsworth, 4 List of the Members. a Allen, Willis: born December, 1806 (1807), in Wilson County, Tennessee; 829, removed to Franklin (now a part of Williamson) County, Illinois, and engaged ee 1834 (1836)-1838, sheriff of Franklin County; 1838-1840, represent- ve in General Assembly; 1840, removed to Marion; 1841-1845, prosecuting attorney for the old Third District, elected before his admission to the bar; 1841, mitted to the bar; 1844, presidential elector; 1844-1848, state senator; 1847, me Bete: of Constitutional Convention; 1851-1855, member of Congress; 1859, judge of the Twenty-sixth Judicial Circuit; died in office June 2 (April 19), 1859; in tics a Democrat. Bateman and Selby, Historical Encyclopedia of Illinois, 15; Palmer, Bench and Bar of Illinois, 2:856-857; Blue Book of Illinots, 1913-1914, PP- 192, 201, 216, 353, 357, 358; History of Gallatin, Saline, Hamilton, Franklin and Williamson Counties, 369, 845; Hollingsworth, 4 List of the Members. 4 949 e al 950 ILLINOIS HISTORICAL COLLECTIO . Anderson, Samuel: born 1801, in New York; 1833, came to Illinois, | fai : near Naperville, DuPage County; 1847, member of Constitutional Conve in politics a Democrat. Blue Book of Illinois, 1913-1914, p. 357; Thomp Illinois Whigs before 7846, p. 137; Hollingsworth, 4 List of the Members. Archer, William R.: born April 13, 1817, in New York City; February. admitted to New York Bar; 1838, settled in Pittsfield, Pike County, Illi August, 1838, admitted to Illinois bar, and soon had extensive practice; — member of Constitutional Convention; 1856-1860, circuit clerk and reco 1860-1862, 1886-1888, representative in General Assembly; 1869-1870, mem Constitutional Convention; 1877, member of joint commission appointed by. lature regarding claims for damages to private property from dams on Wabash Illinois rivers; 1872-1884, state senator; in politics a Democrat. Biograg ) Encyclopedia of Illinois, 128-129; Blue Book of Illinois, 1913-1914, pp. 367) 376, 378, 380, 382, 384, 389; History of Pike County, 670-671; Massie, Pa Present of Pike County, 97, 101; Hollingsworth, 4 List of the Members. Armstrong, George W.: born December 9, 1812 (December 11, 181 Licking County, Ohio; 1830, in charge of a woolen factory; April, 1831, ¢ Putnam (now Marshall) County, Illinois; July, 1831, came to ‘LaSalle Cou 1832, soldier in Black Hawk War; 1833, settled on farm near Seneca; 1837-1 contractor at Utica; 1841, returned to farm near Seneca, where he a’ resided; 1844-1846, 1870-1878, representative in General Assembly; 1847, r ber of Constitutional Convention; 1852-1858, 1864-1866, 1868-1876, etc., co supervisor; 1854-1856, commissioner of highways; 1858, as Douglas Demo defeated by Owen Lovejoy in congressional election; 1869, defeated as cant for election to Constitutional Convention; 1882, chairman of LaSalle C Cor Court House and Jail Building Committee; one of original promoters of Kankakee and Seneca Railroad; in politics a Democrat. _ United States Bio, ical Dictionary, Illinois Volume, 57-58; Bateman and Selby, Historical Encyclop of Illinois, 23; Blue Book of Illinois, 1913-1914, PP: 357s 3733 375» 377s 5133 , graphical and Genealogical Record of LaSalle County, 1; 121-122; History of 1 6 County, Inter-State Publishing Company, 2:47, 49-51, 53-545 Hollingswort h, List of the Members. 7” “Atherton, Martin: born 1801, in Kentucky; 1818, came to Tlinois: near Unity, Alexander County; 1847, member of Constitutional Conventi yn; politics a Democrat. Hollingsworth, A List of the Members. ' Ballingall, Patrick: born 1814, in Scotland; 1832, came to Illino defeated as candidate for county clerk (McHenry County); 1839-1843, circ’ of DuPage County; 1844-1849, state’s attorney (Lake County); February, December, 1848, state’s attorney; November 13, 1846, helped arrange River Harbor Convention called for July, 1847; 1847, city attorney of Chicago; member of Constitutional Convention; 1854-1855, city attorney; in pi Democrat. Palmer, Bench and Bar of Illinois, 2:634; Moses, History of C 1:103, 109, 114, 132; 2:157; Andreas, History of Cook County, 350; Goods Healy, History of Cook County, 2:222, 224; Bateman and Selby, Historical pedia of Illinois, DuPage County, 2:642; Richmond, History of ee: 6 45;. Halsey, History of Lake County, 57, 605. APPENDIX 951 ’ Blair, Montgomery: born 1809, in Ohio; 1828, came to Illinois; 1847, member of Constitutional Convention; farmer near Barry, Pike County; 1850-1851, 1867- _ 1870, county supervisor; 1872, one of first vice-presidents of the Old Settlers’ f Association; in politics a Democrat. Massie, Past and Present of Pike County, "3 89-90, 92, 114; History of Pike County, Charles C. Chapman and Company, 213, » 3l0, 314; Hollingsworth, 4 List of the Members. . Blakely, William H.: born 1810, in New York; 1834, came to Illinois; mer- _ chant at Ewington, Effingham County; 1847, member of Constitutional Conven- _ tion; 1850-1852, 1872-1874, representative in General Assembly; in politics a _ Democrat. Blue Book of Iilinois, 1913-1914, pp. 361, 375; Hollingsworth, 4 List of the Members. : Bond, Benjamin: born 1807, in Indiana; youngest son of first governor of "Illinois; 1826, arrived in Illinois; 1830, county clerk during June term; 1830, Ss ‘census commissioner; 1831-1866, practiced law in Clinton County; 1834-1836, ie 1856-1858, state senator; 1836, Whig candidate for presidential elector; 1836, 1846, 1857, state’s attorney for Clinton County; 1837, probate justice; 1838-1840, secretary of state Senate; 1844-1846, editor of Carlyle Truth Teller; 1847, member _ of Constitutional Convention; 1850, appointed United States marshal by President _ Fillmore; 1851, established and edited the Prairie Flower; March to July, 1853, _ editor of Age of Progress; 1854-February, 1858, editor of the Calumet of Peace; | 1862, arrested on account of anti-war views but “paroled” because in poor health; died 1866, at O'Fallon, St. Clair County; in politics a Whig, later a Democrat. Blue Book of Illinois, 1913-1914, pp 349-350, 352; Scott, Newspapers and Periodicals - of Illinois, 35, 42-43; Palmer, Bench and Bar of Illinois, 1: 3; Pease, The Frontier | State, 238-239; Cole The Era of the Civil War, 228, 302; Thompson, J/inois tess before 1846, p. 132; History of Marion and Clinton Counties, 82, 85, 92, 95; 102, 110; Hollingsworth, 4 List of the Members. of Bosbyshell, William: born 1800, in Pennsylvania; 1840, came to Illinois; .~ at Milan, Calhoun County; 1847, member of Constitutional Convention; in politics a Democrat. Hollingsworth, 4 List of the Members. 4 Brockman, James: born 1814, in Kentucky; 1833, came to Illinois; physician _ politics a Democrat: Hollingsworth, 4 List of the Members. ___ Brown, George T.: born 1821, in Scotland; 1837, came to Illinois; lawyer and + editor at Alton, Madison County: 1843-1847, justice of the peace; 1846-1847, mayor of Alton; 1847, member of the Constitutional Convention; 1852-1860, } founder and editor of Aiton Courier; 1854-1856, secretary of state Senate; 1856, one of leaders in formation of Republican party in Illinois; formerly a Democrat; 4 _Sergeant-at-arms of the United States Senate for many years; died 186-, in _ Washington. Scott, Newspapers and Periodicals of Illinois, 7; Cole, Era of the Civil War, 145; Blue Book of Illinois, 1913-1914, p. 363; History of Madison County, | 165, 167, 210-211, 383 389; Hollingsworth, 4 List of the Members. Bunsen, George: born February 18, 1794, at Frankfort-on-the-Maine, Ger- "many; served in Peninsular War; 1819, graduated from University of Berlin; _ 1819-1833, founded and maintained a boys’ school at Frankfort; 1833, implicated ; ‘in the republican revolution and forced to leave the country; 1834, came to St. Clair 962 ILLINOIS HISTORICAL COLLECTIONS. 2 County, Illinois; farmer near Belleville; 1839, naturalized; AE in the publ > schools; 1847, member of Constitutional Convention; 1855-1861, school commis- et sioner of St. Clair County; 1855, removed to Belleville and conducted a private normal school there; 1857-1860, member of first state school board; 1857, tool cf part in establishment of the Illinois State Normal University; 1859, ‘elected member of Belleville School Board and continued as member and president for several years prior to his death; died November, 1872; in politics a Democrat, _ ; later a Republican. Bateman aud Selby, Historical Encyclopedia of Illinois, 66-675 Bateman and Selby, Historical Encyclopedia of Illinois, St. Clair County, 2:682, 691, 873, 880; History of St. Clair County, Brink, McDonough oe Company, 6 66, 79, 111, 188; Hollingsworth, 4 List of the Members. . 4 Butler, Horace: born 1814, at South Deerfield, New Hanveaee 1836, came to McHenry County, Illinois; 1839, moved to Libertyville, Lake County; lawyer at Libertyville; 1843-1855, justice of the peace; 1843-1845, probate justice; Decem- ber 15, 1843-August 24, 1844, April 22, 1853—January 22, 1861, postmaster Libertyville; 1844-1846, representative in General Assembly; 1847, member Constitutional Convention; 1858, defeated for state senator; died March 16, 1861; in politics a Democrat. Blue Book of Illinois, 1913-1914, p. 357; Bateman a Selby, Historical Encyclopedia of Illinois, Lake County, 661-663, 666; Hals History of Lake County, 86, 110, 455, 584, 603, 606; Hollingsworth, 4 List of | Members. Caldwell, Albert Gallatin: born 1817, in Shawneetown, Illinois; ‘educated Shawneetown; leading member of Gallatin County bar; 1847, member of Constit tional Convention; 1850-1851, representative in General Assembly; died in o 1851; in politics a Democrat. Palmer, Bench and Bar of Illinois, 2:855-8: Blue Book of Illinois, 1913-1914, p. 361; History of Gallatin, Saline, Hami Franklin and Williamson Counties, 530-531; Hollingsworth, 4 List of the Mem Campbell, James M.: born August 22, 1803, in Frankfort, Kentucky; 1 brought by parents to Shawneetown, Illinois; 1815, returned to Frankfor educated in Frankfort Seminary; 1822-1828, deputy postmaster at Frankfo 1828, went to Lexington, Shelby County, Kentucky; August, 1829, arrived Galena, Illinois; 1829-1831, worked with uncle and in office of circuit and coun clerk at Galena; 1831, went to McDonough County; 1831-1848, circuit cle : 1831-1846, county clerk; 1831-1846, postmaster of Macomb (except for ti months in 1841, when he was removed and reinstated); 1832, served in Black Hi War; 183 5, appointed county recorder; 1846, defeated as candidate for represi ative in General Assembly; 1847, member of Constitutional Convention; 1852 1856, state senator; delegate to every Democratic state convention but two sin 1836; 1856, 1860, delegate to Democratic national conventions; 1856-1857, of first aldermen of Macomb; county supervisor; died 1891, in Macomb; in pol originally a follower of Henry Clay Republicanism, but after 1832 a con Democrat. United States Biographical Dictionary, \llinois Volume, 13} Blue Book of Illinois, 1913-1914, pp. 362-363; Bateman and Selby, Histo Encyclopedia of Illinois, McDonough County, 647, 651, 745, 841; Clarke, His McDonough County, 27, 30, 32) 327-331, 400-404, 616, 619; Bet AL Li of the Members. ae ad APPENDIX 953 Campbell, Thompson: born 1811, at Kennett Square, Chester County, _ Pennsylvania; attended school in Butler County; educated at Jefferson College, Canonsburg, Pennsylvania; read law and was admitted to the bar in Pittsburg; 1837, removed to Galena, Illinois; March 6, 1843—December 23, 1846, secretary of state; wrote first public school report of the state; 1847, member of Constitu- tional Convention; 1851-1853, representative in Congress; 1853, removed to California as a member of United States Land Commission of California; 1855, resumed practice of law in San Francisco; 1859, visited Europe; 1860, returned to Illinois and established practice at Chicago; 1860, defeated as candidate for presi- dential elector-at-large on Breckenridge ticket; 1861, returned to legal practice in _ California; strong Union man and Republican leader; 1862-1863, representative in California General Assembly; 1864, delegate to Republican National Conven- _ tion at Baltimore; died at San Francisco, December 6 (7), 1868; in politics a ~ Democrat till 1861, then a Republican. Greene and Thompson, Governors’ Letter- _ Books, 1840-1853, p. 64n; Bateman and Selby, Historical Encyclopedia of Illinois; _ 76-77; Blue Book of Illinois, 1913-1914, pp. 140, 192; Palmer, Bench and Bar of Illinois, 1:518—-519, 522; Biographical Congressional Directory, 1774-1911, p. 528; California Blue Book, 1911, p. 241; The Works of Hubert Howe Bancroft, 24:305n; Hollingsworth, 4 List of the Members. Canaday (Canady), John: born 1800, in Tennessee; 1821, came with father to Vermilion County, Illinois; spring of 1822, returned to Tennessee for the sum- mer; farmer near Georgetown, Vermilion County; 1840-1844, representative in General Assembly; 1847, member of Constitutional Convention; 1851, county supervisor; in politics a Whig. Blue Book of Illinois, 1913-1914, pp. 354, 356; Thompson, J//inois Whigs before 1846, p. 138; Beckwith, History of Vermilion County, 562-564, 586; Hollingsworth, 4 List of the Members. Carter, Thomas B.: born 1805, in New York; 1842, came to Illinois; farmer near Freeport, Stephenson County; 1847, member of Constitutional Convention; in politics a Democrat. Hollingsworth, 4 List of the Members. Casey, Franklin S.: born 1805, in Tennessee; 1823, came to Illinois; farmer near Mt. Vernon, Jefferson County; 1832, lieutenant in Black Hawk War; 1847, member of Constitutional Convention; in politics a Democrat. Wall, History of Jefferson County, 119; Hollingsworth, 4 List of the Members. ~~ Casey, Zadoc: born March 17, 1796, in Georgia; about 1800 brought to _ Tennessee by his parents; 1817, came to Jefferson County, Illinois, and settled near Mt. Vernon; farmer, pioneer Methodist preacher, and politician; 1819, _ member of first board of county commissioners of Jefferson County; 1820, defeated as candidate for General Assembly; 1822-1826, 1848-1852, state senator; Decem- ber 9, 1830—March 1, 1833, lieutenant-governor; 1832, served in Black Hawk War; bi) 1833-1843, representative in Congress; 1842, defeated in congressional election by i John A. McClernand; 1847, member and president pro tem of Constitutional iN Convention; 1848-1850, speaker of House in General Assembly; died September 4 Dk i _ (12), 1862, before expiration of his term as senator; in politics a Democrat. Bate- _man and Selby, Historical Encyclopedia of Illinois, 83; Biographical Encyclopedia of Illinois, 439-440; Blue Book of Illinois, 1913-1914, pp. 139, 190-191, 344-346, 366; Hollingsworth, 4 List of the Members. cu ia ts Wl ga UA aa pasts, tis AS - oe 954 ILLINOIS HISTORICAL COLLECTIONS Choate, Charles: born 1803, in Massachusetts; 1839, came to Illinois; ph cian at LaHarpe, Hancock County; 1847, member of Constitutional. Conventic ns in politics a Democrat. Hollingsworth, 4 List of the Members. : ie % Church, Selden M.: born March 4, 1804, in East Haddam, Connecticut; 1804 taken by his parents to New York, where he was reared; 1825 (1828), went to Ci cinnati, Ohio, and was there one of the earliest teachers in the public schools; 1835, in mercantile business in Rochester, New York; 1835, came to Ch thence to Geneva, Kane County; 1836, removed to Rockford, where he afterw resided; 1840-1847, county clerk; August, 1841—August, 1843, postmaster Rockford; 1847, member of Constitutional Convention; 1849-1857, county jud; and judge of probate; 1859-1864, 1866-1867, chairman of Board of Supervi 1862-1864, representative in General Assembly; (1868) 1869, member of State Board of Public Charities; 1873, reappointed to this board, (term four yea one of commissioners to assess damages for the government improvements at Island and to locate the government bridge between Rock Island and Daven D0 Lor president of Rockford Insurance Company; one of originators, and for many y managing director of the Rockford Water Power Company; died June (21), 1892, at Rockford; in politics a Whig, thereafter a Republican, Bateman a Selby, Historical Encyclopedia of Illinois, 104-105; Blue Book of Illinois, 1913-1 Pp 368; History of Winnebago County, H. F. Kett and Company, 352, 386, 389- 472; Portrait and Biographical Record of Winnebago and Boone Counties, 1296-1 Church, History of Rockford and Winnebago County, 41, 62, 167, 171, 191, 222 264; Hollingsworth, 4 List of the Members. Churchill, Alfred: born 1800, in New York (Vermont); taken in early | Batavia, New York, where he was reared; 1834, came to Illinois, and set Warrenville, DuPage County; February—August, 1836, county commissio Cook County; fall of 1837, came to Kane County, and purchased a large cla Kaneville Township; 1845-1846, school commissioner of Kane County; various other minor township and county offices; September 27, 1845—Augus 1849, postmaster of Avon; 1847, member of Constitutional Convention; removed to Rockford, and subsequently to Dade County, Missouri, where chased 1,500 acres of land; 1861, driven out of Missouri because of hi sentiments, and went to Pine County Minnesota; remained there one year, on account of the Indian danger returned to his old home in Kane County. October 18, 1868, on his farm in Kaneville Township; in politics a De Andreas, History of Cook County, 352; Bateman and Selby, Historical Ency of Illinois, Kane County, 669,714; Past and Present of Kane County, 254, 424- Commemmorative Biographical and Historical Record of Kane County, 8455. 1059-1060; Hollingsworth, 4 List of the Members. Cline (Kline), William J.: 1846-1848, sergeant-at-arms of Senate; 1 doorkeeper pro tem of Constitutional Convention; lived in Kane County. | Book of Illinois, 1913-1914, p. 358; ‘fournal of the Convention, 1847, volume Cloud, Newton: born 1805, in North Carolina; 1827, settled near W Morgan County, Illinois; 1830-1832, 1834-1840, 1842-1844, 1846-1848, 187 representative in General Assembly; 1844-1846, clerk of House; 1846-1848, of House; 1847, member and president of Constitutional Convention; 18: APPENDIX 955 state senator; fall of 1855—April, 1856, temporary principal of Illinois Deaf and Dumb Institute at Jacksonville; preacher of Methodist church; farmer; in politics a Democrat. Bateman and Selby, Historical Encyclopedia of Illinois, 108; Blue Book of Illinois, 1913-1914, pp. 348, 350-351, 353, 356-357» 359-361, 3733 Rummel, I//inois Hand-Book and Legislative Manual for 1871, pp. 178, 186; History of Morgan County, 322; Eames, Historic Morgan and Classic Facksonville, 59, 78, 97, 110, 114, 121, 181, 268; Hollingsworth, 4 List of the Members. Colby, Eben F.: born 1815, in Vermont; 1843, came to Illinois; farmer near _ Wickliffe, Cook County; 1847, member of Constitutional Convention; died August 24, 1884; in politics a Democrat. Andreas, History of Chicago, 3:397; Hollingsworth, 4 List of the Members. i Constable, Charles Henry: born July 6, 1817, at Chestertown, Maryland; attended Belle Air Academy; 1838, graduated from the University of Virginia; studied law and admitted to the bar; (1839) 1840, came to Mount Carmel, Illinois; 1844-1848, state senator; 1847, member of Constitutional Convention; 1852, removed to Marshall, Clark County; 1852, defeated as Whig candidate for Congress by James C Allen; 1856, presidential elector-at-large on the Buchanan ticket; July 1, 1861—October 9, 1865, judge of circuit court; March, 1863, arrested at Charleston because of his anti-war action in releasing four deserters and holding to bail, on charge of kidnapping, two Union officers who had arrested them; although he was released, the affair contributed to the causes of the Charleston riot of March 22, 1863; died in office, October 9, 1865; in politics a Whig until 1854, thereafter a Democrat, Bateman and Selby, Historical Encyclopedia of Illinois, 117; Blue Book of Illinois, 1913-1914, pp. 201, 214, 357-358; Cole, The Era of the Civil War, 149, 302; Combined History of Edwards, Lawrence and Wabash Counties, 132; History of Crawford and Clark Counties, part 2, pp. 291-292; Hollingsworth, 4 List of the Members. Crain, John; born 1803, in Tennessee; 1810, brought to Illinois; farmer near Nashville, Washington County; 1836-1842, representative in General Assembly; 1842-1846, state senator; 1847, member of Constitutional Convention; in politics a Democrat. Ford, History of Illinois, 194-195, Blue Book of Illinois, 1913-1914, PP: 3513 353-3555 357; Lhompson, [/linois Whigs before 1846, pp. 133, 139; Hollings- worth, 4 List of the Members. Cross, Robert J.: born October 1, 1803, in Newburgh, Orange County, New York; spent greater part of minority in Bethel, Sullivan County, New York; 1825, went to Tecumseh, Lenaine County, Michigan; 1830, removed to Coldwater, Michigan; 1835, came to Winnebago County, Illinois; one of earliest settlers in Roscoe Township; farmer all his life; assisted in organization of Winnebago County; 1836, one of first judges of election in Winnebago County; 1836, elected justice of the peace; 1836-1839, first county treasurer; 1841, first vice-president of Winnebago County Agricultural Society; 1846-1848, 1872-1873, representative in General Assembly; 1847, 1869-1870, member of Constitutional Convention; 1861, defeated as candidate for election to Constitutional Convention of 1862; 1862, delegate to Union State Convention; 1868-1872, chairman of Board of Supervisors; 4 township school fund trustee over thirty years; died February 15, 1873; in politics -a Whig, later a Republican. Blue Book of Illinois, 1913-1914,-Pp. 359 3753 956 ILLINOIS HISTORICAL COLLECTI TIONS. ” History of Whee County, 236, 245, 353, 386, 389, 391-392, 618-619; Chu History of Rockford and Winnebago County, 39, 53, 121, 172, 191, 2645, Tih State Fournal, September 25, 1862; Hollingsworth, 4 List of the Members. Cross, Samuel J.: born 1806, in Pennsylvania; 1839, came to Illinois; 184: 1852, first circuit clerk of Woodford County; lived at Metamora, Woodford Count 1847, member of Constitutional Convention; 1859, first president of Board Trustees of Metamora; in politics a Democrat. Moore, History of Woodfo fi County, 97, 146, 182; Hollingsworth, 4 List of the Members. Dale, Michael G.: born November 30, 1814 (1816), in Lancaster, Palio tecel , attended West Chester Academy; 1835, graduated from Pennsylvania College at Gettysburg; 1837, admitted to the bar; 1838, came to Illinois; settled in Green a ville, Bond County; 1839-1853, probate judge of Bond County; 1844, comm is- sioned major of state militia; 1847, member of military court at Alton; 1847, member of Constitutional Convention; 1852, delegate to Democratic National Convention; 1853, removed to Edwardsville, Madison County; 1853-1857, register of United States land office at Edwardsville; 1855-1863, master in chancer December, 1857—-December, 1865, January, (1876) 1877—December, 1886, count judge of Madison County; president of Board of Education of Edwardsville; died April 1, 1895 (1896), at Edwardsville; in politics a Democrat. Bateman an Selby, Historical Encyclopedia of Illinois, 126-127; Biographical Encyclopedia of Illinois, 292-293; Palmer, Bench and Bar of Illinois, 1:2, 526; 2:697-699; Perri History of Bond and Montgomery Counties, 171-172, 177, 339, History of Maa son County, 192, 360-361; Hollingsworth, 4 List of the Members. Davis, David: born March 9(19), 1815, in Cecil County, Maryland; 1 graduated from Kenyon College, Ohio; studied law at Yale; 1835, came to Peki Illinois; 1836, settled at Bloomington, and practiced law; 1840, defeated as cand date for state senator by John Moore; 1844-1846, representative in General Assembly; 1847, member of Constitutional Convention; December 4, 1848— November 1, 1862, judge of the Eighth Judicial Circuit; 1860, delegate—at-l to Republican National Convention; 1861, member of commission to investig - Department of the Missouri; November, 1862—March, 1877, United Stat Supreme Court justice; 1872, nominated for president by Labor Reform party, one of leading candidates for the Liberal Republican nomination; 1877-1883, United States senator; October, 1881-March 3, 1883, president pro tem of th United States Senate; died June 26, 1886, at his home in Bloomington; in politi a Whig, later an Independent Republican. Bateman and Selby, Historical Ent clopedia of Illinois, 128; United States Biographical Dictionary, Mlinois Volun 16-20; Encyclopedia of Biography of Illinois, 1:9-14; Palmer, Bench and Bar Illinois, 1:154, 541-549; Illinois Handbook for 1870, p. 181; Blue Book of Titi 1913-1914 pp. 154, 215, 357; Hollingsworth, 4 List of the Members. Davis, James M.: born October 9, (1793) 1803, in Barren County, Kentuc 1817, settled in Bond County, Illinois, where he is said to have taught the first s ran a store in Greenville; 1842-1844, 1858-1860, representative in General A bly; 1847, member of Constitutional Convention from Montgomery and eounticss 1849, register of the land office at Vandalia; practiced law at F i APPENDIX 957 his home; in politics a Whig; later a Democrat and a bitter opponent of the war _ policy of President Lincoln. Bateman and Selby, Historical Encyclopedia of Ili- | mois, 128; Palmer, Bench and Bar of Illinois, 1:526; 2:967-969; Blue Book of _ Tilinois, 1913-1914, pp. 356, 366; Perrin,History of Bond and Montgomery Counties, part 2, p. 72; Hollingsworth, 4 List of the Members. ; Davis, Thomas G. C.: born 1814, in Virginia; (1842) 1843 (1844), came to Illinois and settled in Golconda, Pope County; lawyer; one of the most popular _ orators in the state; 1846-1848, state senator; removed to Metropolis, Massac _ County; 1847, member of Constitutional Convention; 1850, independent Demo- cratic candidate for Congress, but defeated by Willis Allen; removed to Paducah, ff Kentucky, afterwards to St. Louis, Missouri; leading Jawyer there many years; late in life established a home in Denton, Texas; died in Texas, 1888; in politics a Democrat. Palmer, Bench and Bar of Illinois, 2:857, 1211; Blue Book of Illinois, ‘1913-1914, p. 358; Page, History of Massac County, 71-73; Hollingsworth, 4 List of the Members. ) Dawson, John: born 1791 (1792), in Virginia; 1827 (1828), removed to San- _ gamon County, Illinois; 1830-1832, 1834-1840, representative in General Assem- bly; 1847, member of Constitutional Convention; farmer; died November 12, 1850; | in politics a Whig. Bateman and Selby, Historical Encyclopedia of Illinois, 129; Blue Book of Iilinots, 1913-1914, pp. 348, 350-351, 3533 Hollingsworth, 4 List of the Memters. 7” Deitz, Peter W.: born January 29, 1808, near Oneonta, Otsego County, New York; educated in common schools and Cazenovia Seminary; 1833, left for the _ West, spending time in Michigan and Indiana surveying, teaching, and reading law; __ 1836, admitted to the bar at Rushville, Indiana; returned to New York; 1837, "came to Illinois; began farming near Marengo, McHenry County; 1842, defeated | as candidate for representative in General Assembly; 1843-1845, county school ow commissioner; 1845, moved to Marengo; 1847, member of Constitutional Conven- 4 Visors; 1868-1870, representative in General Assembly; in politics a Whig, later a 1. Republican. History of McHenry County, Inter-State Publishing Company, 219, _ 222-225, 759-760; Blue Book of Illinois, 1913-1914, p. 372; Hollingsworth, 4 List of the Members. ____ Dement, John: born April 26, 1804, in Gallatin, Sumner County, Tennessee; rr 1817, accompanied his parents to Franklin County, Illinois; 1826, elected sheriff of Franklin County; 1828-1832, 1836-1837, representative in General Assembly; 1832, served with distinction in Black Hawk War; February 1, 1831-December 3, 1836, state treasurer; removed to Vandalia; 1837, removed to Galena; 1837-1841, 1845-1849, 1853—till office abolished, receiver of public money, United States _ Land Office, by appointments of Presidents Van Buren, Polk, and Pierce; 1840, _ removed to Dixon, Lee County, where he afterwards resided; 1844, Democratic _ presidential elector; a farmer in 1847 but became a successful manufacturer and capitalist at Dixon; 1847, 1862, 1870, member of Constitutional Convention, _ temporary president in 1862, 1870; 1859, elected mayor of Dixon, but failed to qualify; 1869-1872, 1878-1879, mayor of Dixon; died at his home at Dixon, _ January 16 (17), 1883; in politics a Democrat. Bateman and Selby, Historical 958 PM Encyclopedia of Illinois, 132; Blue Book of Illinois, 1913-1914, 347-348, 351; United States Biographical Dictionary, Illinois Volume, 78 : Biographical Encyclopedia of Illinois, 267-268; Bateman and Selby, Hi. Encyclopedia of Illinois, Lee County, 648, 650, 672, 7703 Hollingsworth, A Lis the Members. from Bowdoin ates studied law at Conbade ine Sehgal 1832, cam Springfield, Illinois, where for a time he was a law partner of John T. Stuart; removed to Beardstown, Cass County; 1843-1847, 1849-(?), judge of proba served as alderman and city attorney; 1847, member of Constitutional Conventi 1860-1864, state senator; 1864, delegate-at-large to Republican National Con- vention at Baltimore; 1864, removed to Jacksonville, where he practiced died August 12, 1878, in Mackinac, Michigan; in politics a Whig, later a Republ Bateman and Selby, Historical Encyclopedia of Illinois, 606; Palmer, Bench a Bar of Illinois, 1:3, 166, 338-339; Blue Book of Illinois, 1913-1914, pp. 366-3 Bateman and Selby, Historical Encyclopedia of Illinois, Cass County, 2: 703; Perr History of Cass County, 57-58, 116-117; Hollingsworth, 4 List of the Members Dunlap, James: born October 30, 1802, in Fleming County, Kentucky; ( (1831) (1834), arrived in Illinois and engaged in general merchandise busi 1834-1837, trustee of town of Jacksonville; 1838, contracted to build the first road in Illinois, Meredosia to Springfield; 1845, road completed; 1846, colon Mexican War; 1847, bought with others the Northern Cross Railroad at p: auction; dealt largely in real estate and was prominent farmer and stock de 1847, member of Constitutional Convention; instrumental in securing institutions for Jacksonville; member of first Board of Trustees of the Ce Hospital for the Insane; member of first Board of Trustees of the ‘School for | Blind; 1857, opened the “Dunlap House”; 1861, became strong Union man 1861-1864, served as chief quartermaster of Thirteenth Army Corps; in politic: Democrat. Biographical Encyclopedia of Illinois, 301-302; Greene and Thom son, Governors’ Letter-Books, 1840-1853, p. 106n; Eames, Historic Morgan Classic Facksonville, 78, 97, 102, 105, 111, 123, 126-127; Hollingsworth, 4 List of the Members. a Dunn, Harvey: born 1806, in New York; in boyhood went to Indiana, la to Ohio; 1835 (1837), came to Morgan County, Illinois; 1839, moved to I County; 1840, engaged in general merchandise business in Chambersburg, | a farmer near Chambersburg; 1847, member of Constitutional Convention; | various local offices; 1858, county supervisor; 1861, unsuccessful Rep candidate for county clerk; died December, 1869; in politics a Democrat, Republican. Massie, Past and Present of Pike County, 90, 468; History County, Charles C. Chapman and Company, 312, 409, 883; Hollingsworth, of the Members. Dunsmore, Daniel: born:1793, in New York; 1816, came to Illinois: fa near Exeter, Scott County; 1847, member of Constitutional Convention; my a Whig, Hollingsworth, 4 List of the Members. Eccles, Joseph T.: born January 7, 1807, in Mercer County, ree educated chiefly in Harrodsburg, Kentucky; 1830, came to Fayette APPENDIX 959 Illinois; 1830-1832, taught school at Vandalia; 1832, served in Black Hawk War; lerked in store one year, then engaged in mercantile business for himself for eral years; farmed near Vandalia about nine years; 1847, member of Constitu- onal Convention; removed to Hillsboro, Montgomery County, where he again engaged in mercantile business, and retired after several years; justice of the peace "for several years at Vandalia and Hillsboro; assistant assessor and United States deputy revenue collector; 1860, nominated Richard Yates for governor; recruiting _ Officer at Hillsboro during the war; 1862, delegate to Union State Convention; “in politics a Whig, later a Republican, Perrin, History of Bond and Montgomery ounties, part 2, p. 103; Illinois State Fournal, September 25, 1862; Hollingsworth, _ A List of the Members. 4 Edmonson, J. William F.: born 1816, in Maryland; 1840, came to Illinois; _ merchant at Vandalia, Fayette County; 1847, member of Constitutional Conven- tion; in politics a Democrat. Hollingsworth, 4 List of the Members. ' Edwards, Cyrus: born January 17, 1793, in Montgomery County, Maryland; ‘1800, removed to Kentucky; 1815, admitted to the bar at Kaskaskia, Illinois; 1815-1827 (1829), resided alternately in Kentucky and Missouri; 1827 (1829), i ‘took up residence at Edwardsville; engaged in business and later moved to Upper a - Alton; 1832, served in Black Hawk War; 1832-1834, 1840-1842, 1860-1862, ve representative in General Assembly; 1834-1838, state senator; 1838, defeated as 7 candidate for governor; 1847, member of Constitutional Convention; 1852, received ‘degree of LL.D. from Shurtleff College; died September, 1877, at Upper Alton; a patron of education and public charities; in politics a Whig and later a Republi- ‘can. Bateman and Selby, Historical Encyclopedia of Illinois, 152; Blue Book of Illinois, 1913-1914, Pp. 349-350, 354, 367, 452; Hollingsworth, 4 List of the _ Members. ig Edwards, Ninian Wirt: born April 15, 1809, at Frankfort, Kentucky; family _ temoved in same year to Illinois, where his father became territorial governor; ‘spent boyhood at Kaskaskia, Edwardsville, and Belleville; 1832, married Elizabeth University; 1834-1835, attorney general; 1835, removed to Springfield; 1836- "1840, 1848-1851, representative in General Assembly until resignation because of _ change from Whig to Democratic principles; 1844-1848, state senator; 1847, is public instruction by appointment of ews Matteson; 1861 (1862)—June, 1865, captain commissary of subsistence, by appointment of President Lincoln; June, 1865, retired to private life; 1870, published History of Illinois, 1778-1833, _ prepared at the request of the State Historical Society; died at Springfield, Sep- tember 2, 1889; in politics a Whig until 1851, thereafter a Democrat. Bateman ind Selby, Historical Encyclopedia of Illinois, 152-153; Palmer, Bench and Bar of Iinois, 1:174-175; Blue Book of Illinois, 1913-1914, pp. 142, 351, 353» 357-358, } Bo, 362; Hollingsworth, 4 List of the Members. __ Evey, Edward: born (1813) 1815, in Maryland; 1837, came to Illinois; lawyer tt Shelbyville, Shelby County; 1839-1849, probate justice of the peace; 1847, 960 ILLINOIS HISTORICAL COLLECT. member of Constitutional Convention; 1848-1850, representative in ; Assembly; 1854, went to Los Angeles, California; 1862, member of C Assembly as Union Democrat; 1878, member of second California Constitu Convention; in politics a Democrat. Blue Book of Illinois, 1913-1914, p. Bateman and Selby, Historical Encyclopedia of Illinois, Shelby County, 2:686, ¢ 7333 California Blue Book, 1911, p. 252; The Works of Hubert Howe Bancroft 294n, 404; Hollingsworth, 4 List of the Members. Ewing, James T.: born 1828, in Illinois; clerk at Vandalia, Fayette Co 1847, assistant secretary of Constitutional Convention. Hollingsworth, 4 Lisi the Members. airy Farwell, Seth B.: born 1810, in New York; went from New York to came to Ottawa, Illinois, (1834) 1835; lawyer; 1838, 1841-1842, 1842-1 state’s attorney; 1847, member of Constitutional Convention; residence in in Freeport, Stephenson County; removed to California and elected judge the died on way from Kansas to California; in politics a Democrat. Baldwin, . of LaSalle County, 218, 231-232; Bateman and Selby, Historical Encyclopedia r) Illinois, Kane County, 670; Bateman and Selby, Historical Encyclopedia of ml Kendall County, 2:760;, Hollingsworth, 4 List of the Members. Frick, Frederick: born 1797, in Pennsylvania; 1838, came to Illinois; fa near Bluff, Mercer County; 1847, member of Constitutional Convention; politics a Democrat. Hollingsworth, 4 List of the Members. Geddes, Thomas: born 1805, in Pennsylvania; 1835, came to Hlinois; fa near Fountain Green, Hancock County; 1847, member of Constitutional Cor tion; in politics a Whig. Hollingsworth, 4 List of the Members. ; Graham, James: born 1792, in North Carolina; 1836, came to Illinois; fe near Carlinville, Macoupin County; 1847, member of Constitutional Conven in politics a Whig. Hollingsworth, A List of the Members. Green, Henry R.: born 1788, in Rhode Island; 1837, came to fillevois near Delavan, Tazewell County; 1841, laid out the city of Delavan; 1846, on first deacons of Baptist Church of Delavan; 1847, member of Constitutional vention; 1862, delegate to Union State Convention; 1863, county sup referred to in Convention as “the reverend member from Tazewell”’; in po! Whig, later a Republican. Bateman and Selby, Historical Encyclopedia of Ili Tazewell County, 2:826, 829, 840; Illinois State Fournal, pete Gi 25 Hollingsworth, 4 List of the Members. Green, Peter: born 1807, in Kentucky; lived many years in Salem, Ind where he ran a furniture shop, ox-mill and distillery, and was expelled from t Methodist church on account of the latter occupation; also studied and prac medicine while in Indiana; 1827, came to Illinois (1829 to Clay County); in Mayville, (now Clay City), where he practiced medicine, ran a hotel, and a general store; 1836-1844, representative in General Assembly; platted t Louisville, influential in securing removal of county seat there, and went the continue the practice of his profession; 1847, member of Constitutional Conven invested largely in Louisville land, at one time owning six hundred acres; a p cian of more than ordinary ability; a leader and politician of some note; di Louisville, 1870; in politics a Democrat. Blue Book of Illinois, 19 APPENDIX 961 pp 352-354, 356; Thompson, Illinois Whigs before 1846, p. 142; History of Wayne and Clay Counties, 376, 379-380, 397; Hollingsworth, 4 List of the Members. _ Green, William B.: born 1807, in Ohio; 1822, came to Illinois; 1847, member of nstitutional Convention; engineer in Galena, Jo Daviess County; in politics a Whig. Hollingsworth, 4 List of the Members. _ Gregg, David L.: born 1815, in New York; (1839) emigrated from Albany to oliet, Illinois, where he began the practice of law; 1839, editor of Foliet Courier; 142-1846, representative in General Assembly; removed to Chicago, where he served as United States district attorney; 1847, member of Constitutional Conven- _ tion; 1849, professor of Rhetoric and Belles Lettres in the University of St. Mary’s of the Lake at Chicago; April 2, 1850—January Io, 1853, secretary of state; 1852, defeated for Democratic nomination for governor by Joel A. Matteson; 1852, : ~ Democratic presidential elector; 1853, appointed commissioner to the Sandwich Islands; later acted for a time as minister or adviser of King Kamehamaha IV; _ returned to California; appointed by President Lincoln as receiver of public _ moneys at Carson City, Nevada; died December 23, 1868, at Carson City. Bate- man and Selby, Historical Encyclopedia of Illinois, 209; Greene and Thompson, vernors’ Letter-Books, 1840-1853, p. 233n; Scott, Newspapers and Periodicals of Winois, 207; Cole, The Era of the Civil War, 102; Blue Book of Illinois, 1913-1914, PP. 140, 201, 356-357; Andreas, History of Chicago, 1:298; Hollingsworth, 4 List 9 the Members. Grimshaw, William A.: born June 1, 1813, at Navin-on-the-Boyne, County Meath, Ireland (Bateman and Selby say Philadelphia); 1815, brought by parents to the United States on vessel bringing to Charleston, South Carolina, the first _ news of the Treaty of Ghent; father of English descent but born in Belfast, and Tater: a member of the Philadelphia bar and a distinguished historian; 1832, admit- ted to the bar in Philadelphia at age of nineteen; 1833, came to Pike County, Illinois, lived at Atlas for a short time, afterward resided at Pittsfield; 1833, ap- 1 ointed adjutant of the seventeenth militia regiment; commissioned by Governor _ Reynolds as public administrator of Pike County; 1840, 1848, unsuccessful candi- 7 . ate for representative in General Assembly; 1847, member of Constitutional Convention, and author of the article prohibiting dueling; 1864, delegate to the epublican National Convention; for twelve years trustee of the state Institution r the Blind at Jacksonville; 1877-1882, member of State Board of Charities; for ‘Many years trustee and school dy rector of Pittsfield; 1880, Republican presidential elector; president and director of Pike County Agricultural Society; one of origin- ators of Old Settlers’ Association; died January 7, 1895, at Pittsfield; in politics a Whig, thereafter a Republican. Bateman and Selby, Historical Encyclopedia of Illinois, 212; Blue Book of Illinois, 1913-1914, p. 202; Massie, Past and Present of ike County, 174-181; Hi: tory of Pike County, Charles C. Chapman and Company, 82-683; Hollingsworth, 4 List of the Members. _ Harding, Abner Clark: born February 10, 1807, in East Hampton, Middlesex _ County, Connecticut; 1$15, removed with parents to Plainfield, Herkimer County, New York; educated in public schools and academy at Hamilton, New York; , enlisted in the navy, but rejected on account of small stature; 1821-1825, gaged in teaching and other vocations; 1826-1827, read law at Bridge- 962 ILLINOIS HISTORICAL COLLEC water, New York; 1828, removed to Pennsylvania and waited ‘to at Lewisburg; 1836, elected member of Constitutional Convention of P sylvania; 1838, came to Illinois, and established a home: at Mon in Warren County; practiced law, became active in politics, and was regarc leader of the Whig party; 1847, member of Constitutional Convention; 184) county school commissioner; 1848-1850, representative in General A 1851, abandoned practice of law on account of failing eyesight, and unt 1860, engaged in traveling for his health; interested in railroad enterprises; x instrumental in organizing Eighty-third Illinois Volunteer Infantry; enlisted private, was elected and commissioned colonel, and on May 22, 1863, made dier-general, probably because of his skill and gallantry in defending Fort Done after its capture by the Union Army; 1865-1869, Republican representa Congress; May-October, 1871, traveled in Europe; accumulated a fortune about $2,000,000; one of first trustees of Monmouth College; endowed a pr ship; died July (10) 19, 1874, in Monmouth. Bateman and Selby, Hi Encyclopedia of Illinois, 220; Blue Book of Illinois, 1913-1914, pp. 19 Biographical Congressional Directory, 1774-1917, p. 703; Bateman and Historical Encyclopedia of Illinois, Warren County, 2:706, 708, 761, 8 8 Portrait and Biographical Album of Warren County, Chepnee Brothers, 5 Hollingsworth, 4 List of the Members. Harlan, Justin: born December 6, 1800, in Warren County, Ohio; educa: the public schools; taught school; studied law in Cincinnati under Judge Mc later associate justice of the United States Supreme Court; 1825, came to D. Clark County, Illinois; 1832, served in Black Hawk War; 1835-1861, judge; 1840, removed to Marshall, where he afterward resided; 1847, mi Constitutional Convention; 1862-1865, Indian agent under President 1873-1877, county judge of Clark County; died March 12, 1879, while visitin daughter in Kentucky; in politics a Whig, thereafter a Republican. Batem Selby, Historical Encyclopedia of Illinois, 221; Blue Book of Illinois, 19% p- 214; History of Crawford and Clark Counties, part 2, p. 288, part 3, p. 253 worth, 4 List of the Members. ra Harper, Joshua: born 1801, in Virginia; 1836, came to Illinois; fala n Morristown, Henry County; 1842-1846, representative in General As 1847, member of Constitutional Convention; in politics a Whig. Blue Illinois, 1913-1914, pp. 356-357; Thompson, Illinois Whigs before 1846, p. Hollingsworth, 4 List of the Members. +S Harvey, Curtis K.: born 1815, in Vermont; 1836, came to Knoxville pioneer member of Knox County bar; 1840-1847, school commissioner of County; 1847, member of Constitutional Convention; in politics a D died suddenly, 1847. Palmer, Bench and Bar of Illinois, 1:450; Baten Selby, Historical Encyclopedia of Illinois, Knox County, 633; Hollingswo: List of the Members. in Hatch, Jeduthan: born 1809, in New Hampshire; 1836, came to I ‘farmer near Naperville, DuPage County; 1842-1844, representative in Assembly; 1847, member of Constitutional Convention; 1851, county su’ 1852, county judge; in politics a Democrat. Blue Book of Illinois, 19 APPENDIX 963 ; Thompson, Illinois Whigs before 1846, p. 142; Bateman and Selby, ie Encyclopedia of Illinois, DuPage County, 2: 643, 645, 654, 656, 682-683; i ond, History of DuPage County, 44, 46, 51; Hollingsworth, 4 List of the bers. Hawley, Nelson: born 1809, in Vermont; 1839, came to Illinois; physician at Palestine, Crawford County; 1845-1853, county school commissioner; 1847, ‘member of Constitutional Convention; in politics a Democrat. History of Craw- for rd and Clark Counties, part 1, p. 51; Hollingsworth, 4 List of the Members. ' Hay, Daniel: born 1781, in Virginia; 1816, came to Illinois; July 15, 1816, _sppsined county treasurer of White County; January 14, 1817—August, 1818, tice of the peace for White County; June 17, 1817, appointed captain of Rifle Sompany, Fifth Regiment; January, 1818, appointed census commissioner; 1824— 1828, state senator; 1847, member of Constitutional Convention; a farmer; in ae a Whig. Blue Book of Lilinois, 1913-1914, pp. 344-345; Territorial Register, 99-1818, pp. 42, 45, 49, 54, 60; Hollingsworth, 4 List of the Members. Hayes, Samuel Snowden (Snowdon): born December 25, 1820, in Nashville, ‘nnessee; educated in Nashville and Cincinnati; 1837, employed in drug store in lisyille, Kentucky; August, 1838, removed to Shawneetown, Illinois; 1838- 1840, engaged in drug business at Shawneetown; 1842, admitted to the bar and led in Mt. Vernon; shortly afterward removed to Carmi, White County; 1843, ‘stumped southern Illinois for the Democratic ticket; 1845, delegate to phis Commercial Convention; 1846-1850, representative in General Assem- 1847, raised company for service in Mexican War, but was never mustered in; 5 1870, member of Constitutional Convention, the youngest member of - Convention of 1847; 1848, Democratic presidential elector; appointed by or French as honorary aide de camp with rank of colonel; winter of 1850- th removed to Chicago; as friend of Douglas, opposed the repeal of the Missouri c mpromise, but supported Buchanan; 1860, delegate to Democratic National Jonvention at Charleston and Baltimore, and canvassed the state for Douglas; grted the Union cause, but opposed the government war policies; 1858-1861, 4-1865, member of Chicago Board of Education; 1862-1865, 1873-1876, city ath (1866), member of United re Revenue Commission, and brought niversity; 1872, appointed one of first directors of the Chicago Public Library; 876 defeated as candidate for presidential elector. Bateman and Selby, Historical ncyclopedia of Illinois, 226-227; Biographical Encyclopedia of Illinois, 465-467; almer, Bench and Bar of Iilinois, 1:5; 2:647-648; Blue Book of Illinois, 1913- 4, Pp. 201, 359-360; Moses, History of Chicago, 1:218, 220; Andreas, History icago, 2:103-105; 3:847, 860; Powell, Semi-Centennial History of the Uni- ‘of Illinois, 1:338, 344; Hollingsworth, 4 List of the Members. Heacock, Reuben E. (B.): born 1818, in Illinois; son of Russell E. Heacock; r near Summit, Cook County; 1847, member of Constitutional Convention; first commissioner of highways of Lyons Township; 1852, overseer of the _in AL a Democrat. Bateman and Siang Historical ee of 22 aia PALE OR ser, PUP tn cea Re *. Ber. ILLINOIS HISTORICAL COLLECTIONS Henderson, Hugh: born 1810, in New York; 1836, came to Illinois; la Joliet, Will County; 1839, one of founders and publishers of Foliet Courier; appointed by Governor Ford as counsel for the state to aid the appraisers of dam on the canal; 1847, member of Constitutional Convention; 1849-1854, circ judge; died in office, 1854. Blue Book of Illinois, 1913-1914, p. 215; Sco Newspapers and Periodicals of Illinois, 207; Greene and Thompson, Gove r Letter-Books, 1840-1853, p. 80; Hollingsworth, 4 List of the Members. Hill, George H. (W.): born May 20, 1810, in Rensselaer County, New 1835, came to Illinois; farmer near Genoa, DeKalb County; 1835, one of co tee of five to settle disputed titles to claims; justice of the peace for many 1837-1839, first treasurer and assessor of DeKalb County; 1846-1850, co commissioner; 1847, member of Constitutional Convention; (1849-1855) master of Kingston; associate county judge four years; 1854-1862 (1857 county judge; county supervisor for five years; township treasurer thirty died 1890, on his farm in DeKalb County; in politics a Democrat, later a Re can. Gross, Past and Present of DeKalb County, 1:59, 79, 81-82, 96, I 57-15 302-303, 327; Portrait and Biographical Album of DeKalb Couey: Cha: Brothers, 351-352; Hollingsworth, A List of the Members. Hoes, Abraham: born 1814, in New York; brother of John V. A. Hoes; came to Illinois; lawyer at Ottawa, LaSalle County; 1847, member of Cons tional Convention; died (1856); in politics a Democrat. History of . ; County, Inter-State Publishing Company, 1:392; Palmer, Bench and Bar ¢ nois, 2:818; Hollingsworth, 4 List of the Members. Hogue, James M.: born 1812, in Tennessee; 1817, came to items ; near Fairfield, Wayne County; 1839-1841, circuit clerk; 1847, member o stitutional Convention; in politics a Democrat. History of Wayne anc Counties, part 2, p. 337; Hollingsworth, 4 List of the Members. Holmes, William H.: born 1809, in New York; 1834, came to Illinois; _ at Pekin, Tazewell County; 1838-1839, village clerk of Pekin; 1841, asses Pekin; 1847, member of Constitutional Convention; in politics a Whig. Bate: and Selby, Historical Encyclopedia of Illinois, Tazewell County, 2:900; Ho worth, 4 List of the Members. t Hunsaker, Samuel: born 1795, in Kentucky; 1810, came to Illinois; near Jonesboro, Union County; 1847, member of Constitutional Conven: politics a Democrat. Hollingsworth, 4 List of the Members. Ny Hurlbut, Stephen Augustus: born November 29, 1815 (1819), at Che South Carolina; received thorough liberal education; 1837, admitted to (1838) (1845), removed to Belvidere, Boone County, Illinois; 1847, member of Constitutional Convention; 1848, defeated for presidential elector; 1858 I 1866-1868, representative in General Assembly; May, 1861—July, 1865, seri war as brigadier-general and major-general; 1868, presidential elector; 1869 minister resident to the United States of Columbia; 1873-1877, represent Congress; 1876, defeated for reélection as Independent Republican; 18 minister resident to Peru; first commander-in-chief of the Grand Army ¢ Republic; died March 27, 1882, at Lima, Peru; in politics a Whig un til thereafter a Republican, Bateman and Selby Hiseniea Enea of PRO ee a yee Pe i ae, PP at gh 5 Fr APPENDIX ys 1; Biographical Encyclopedia of Illinois, 480; Blue Book of Illinois, 1913- » PPp- 194, 202, 366-367, 370; Biographical Congressional Directory, 1774-1911, 749; Church, History of Rockford and Winnebago County, 264, 330-331; Hol- worth, 4 List of the Members. Huston, John: born May 17, 1808, near Sparta, White County, Tennessee; 1828 (1829), came to Illinois and settled near Jacksonville; 1830, removed to farm ‘near Blandinsville, McDonough County, where he afterward resided; September, 438 830-March 17, 1831, first county treasurer of McDonough County; 1847, ri member of Constitutional Convention; 1850-1852, representative in General MW; Assembly; 1852, defeated for reélection; died July 8, 18 54; in politics a Democrat. eman and Selby, Historical Encyclopedia of Illinots, McDonough County, 669, 6; Blue Book of Illinois, 1913-1914, p. 362; Clarke, History of McDonough ey, 23, 32, 376-380, 402-404; Fialitteewortk: A List of the Members. Jackson, Aaron C.: born October 29, 1800, in Morristown, New Jersey; 1805, ken to Fort Pitt, Pennsylvania; later taken to Knox County, Ohio; 1837, emigrated to Illinois; farmer near Union Grove, Whiteside County; 1839, com- ; oned justice of the peace; 1842-1844, representative in General Assembly; 5 member of Constitutional Convention; 1852-1857, county supervisor; master of Morrison during Lincoln’s administration; in politics a Whig. Bent, History of Whiteside County, 67, 104, 292, 295, 298-299; Blue Book of Illinois, 1913-1914, p. 356; Hollingsworth, 4 List of the Members. _ James, James A.: born 1794 (1798), in Maryland (Kentucky); 1803 (1804), to Illinois; attended college at Beardstown, Kentucky; farmer near Harrison- Monroe County; 1827, colonel of state militia; 1840-1844, state senator; , member of Constitutional Convention; in politicsa Democrat. Blue Book of inois, 1913-1914, pp. 354-355; History of Randolph, Monroe and Perry Counties, , 413-414; Hollingsworth, 4 List of the Members. _ Jenkins, Alexander M.: born 1802 (1803) in South Carolina; 1817, came to # ackson County, Illinois; learned trade of carpenter; served as constable; 1830- ' 1834, representative in General Assembly; 1832-1834, speaker; 1832, captain in ; ¢ Hawk War; 1834-1836, licutenant-governor; 1836, president of first Illinois Central Railroad Company; 1836-1838, receiver of public moneys in land office at wardsville; studied law during residence at Edwardsville and practiced at arphysboro; 1847, member of Constitutional Convention; 1855, edited Fackson mocrat; 1855, established Murphysboro Sentinel; August 27, 1859—February 13, 4, Circuit judge of Third Judicial Circuit; died in office, February 13, 1864; in olitics a Democrat. Bateman and Selby, Historical Encyclopedia of Illinois, 304; e Book of Illinois, 1913-1914, pp. 139, 214, 348-349; Scott, Newspapers and riodicals of Illinois, 256-257; History of Fackson County, 14, 17, 22, 57; History f Madison County, 186; Hollingsworth, 4 List of the Members. Jones, Humphrey B.: born 1799, in Christian County, Kentucky; (1819) | i came to Illinois, and settled in Brownsville, ‘Jackson County; 1827, removed Pinckneyville, Perry County; physician, later a lawyer; 1827, one of commis- ners to lay out county seat; 1827, commissioned one of first justices of the peace Perry County; first postmaster of Pinckneyville; first master in chancery in Perry County; 1827-1839, 1841-1855, first county clerk; 1827-1843, first clerk o Si ir PA ee oe : 39, county - 1847, member of Constitutional Convention; died November 18, 18 55 in ville; in politics a Whig. History of Randolph, Monroe and Perry 162-167, 178-179, 188, 191, 335, 337-338; Hollingsworth, A List of th Judd, Thomas: born September 4, 1812, in East Charlemont, Frankl Massachusetts; 1835, came to Chicago, Illinois; later engaged in farming Page County; removed to Kane County and opened first blacksmith ‘sho traveled with the government survey for a short time; fall of 1836, _ began in Sugar Grove Township, Kane County; assisted in building Chicago a Railroad through Sugar Grove Township; first station agent at Sugar G county supervisor for two years; 1847, member of Constitutional Conver 1 November 13, 1849—October 20, 1855, October 26, 1857—October 1 postmaster of Sugar Grove; one of founders of Sugar Grove Normal. and In Institute; in politics a Whig; died January 11, 1881. Bateman an Historical Encyclopedia of Illinois, Kane County, 831; Past and Present County, 413, 420-421, 658; Commemorative Biographical and Historical Kane County, 928, 1103; Hollingsworth, 4 List of the Members. pie Kenner, Alvin R.: born 1809, in Ohio; 1825, came to Illinois; far Albion, Edwards County; 1847, member of Constitutional Conyention delegate to Union State Convention; in politics a Whig, later a Repul Hollingsworth, 4 List of the Members. . _ Kinney, Simon: born 1786, in Pesnsyira 1836, came to Lincs; vention; in politics a Whig. Matson, Map of Bureau County, with Sketches Early Settlement, 50; Hollingsworth, 4 List of the Members. : a Kinney, William C.: born 1819, in Illinois; son of former Lieutenant $0’ Kinney; 1839, began practice of law at Belleville; 1839, 1856, 1858, prose attorney; 1841-1846, circuit clerk and ex-officio recorder of deeds; 1847, n of Constitutional Convention; 1848, state’s attorney; 1854-1856, represent: a - General Assembly; 1857-1858, adjustant-general; died in office, 1858; a Democrat, later a Republican, Bateman and Selby, Historical En Illinois, 317-318; Blue Book of Illinois, 1913-1914, pp. 144, 3645 B Selby, Historical Encyclopedia of Illinois, St. Clair County, 2: 684, 6 ( 77-19 90, 943 ee ce 4 List of the Mantes Kitchell, Alfred: born March 29, 1820, at Palestine, Craw! ord received his education at Hillsboro Academy and Indiana State U: admitted to the bar; 1842, began practice of law at Olney, Rich 1843-1853, state’s attorney; 1847, member of Constitutional Conven 1852, judge of Richland County; 1849-1850, edited Olney News, firs established in Olney; 1859-1861, circuit judge of the Twenty-fifth Judicial promoter and director of the Ohio and Mississippi Railroad; 1866, rem« Galesburg, where he died, November 11, 1876; in politics a Democrat unt thereafter a Republican. Bateman and Selby, Historical Encyclopedia / 319-320; Blue Book of Illinois, 1913-1914, p. 216; Palmer, Bench and Ba nois, 1:126; Biogrephical Encyclopedia of Illinois, 481; Scott, Newsp. APPENDIX 967 cals of Illinois, 265; Counties of Cumberland, Fasper, and Richland, Historical iphical, 639, 657; 712; Perrin, History of Crawford and Clark Counties, 57-58. , Augustus R.: ‘born 1801 (1802), in Connecticut; removed in youth to and studied medicine in New York City; 1823-1839, physician in : City; 1839, went to Kane, Green County, Illinois; 1844, removed to e, Jersey County; 1847, member of Constitutional Convention; 1849, a California as a gold hunter; 1854, returned to Jerseyville, where he died 3, 1862; in politics a Whig. History of Greene and Fersey Counties, 152, ( 7 7s 725-726; Cooper, History of Ferseyville, 78-79; Hollingsworth, 4 List of mbers. pp, Nathan Morse: born March 4, 1815, in Royalton, Vermont (New hire); 1837, came to Naples, Scott County, Illinois; 1837-1838, edited ‘the West, and taught school; 1838, removed to Jacksonville; 1839, settled inchester, Scott County; served as county clerk and read law during term in fice; admitted to the bar; 1847, member of Constitutional Convention; Seianvcstion: 1862, delegate to Union State Convention; _ 1863-1865, pa aymaster with rank of major; 1865, appointed by President Johnson Republican. United States Biographical Dictionary, Illinois Talaincs 810- e Book of Illinois, 1913-1914, p. 361; Scott, Newspapers and Periodicals , 258; Illinois State Fournal, September 25, 1862; Hollingsworth, 4 List nbers. witon, Lincoln B.: born (1804) 1813, in Shrewsbury, Massachusetts; ‘Union College, Schenectady, New York; studied law with Governor flonest John Davis” of Massachusetts; 1839, went to Peoria; known as one of brilliant and prominent lawyers of his day, the Henry Clay of the Illinois delegate to Whig National Convention that nominated Clay; 1846, candidate for state senator; 1847, member of Constitutional Conven- 52, Free Soil candidate for governor; 1854, nominated for Congress; James: born July 4, 1807, in Canajoharie, Montgomery County, New 1827-1828, attended Fiamilton College, New York; 1830, graduated from 1833, admitted to the bar; 1836, came to Knoxville, Illinois; one of prime _ construction of Peoria and Oquawka Railroad and its first president; sured charter for Knox College at Galesburg; 1840, engaged in mercantile and continued for several years; 1847, member of Constitutional Con- 1853-1857, representative in Congress; 1857-1861, 1865-1869, 1872- sited in Berlin, seeking medical aid; liberal in his donations to various at © institutions; died October (8) 9, 1876; in politics a Whig until 1854, 968 ILLINOIS HISTORICAL COLLECTION. thereafter a Republican. Biographical Encyclopedia of Illinois, 502; Blue Illinois, 1913-1914, p. 192; Biographical Congressional Directory, 1774-1911, 787; History of Knox County, Charles C. Chapman and Company, 686-687; B man and Selby, Historical Encyclopedia of Illinois, Knox County, 873; Holl worth, 4 List of the Members. Kreider, George: born me 5, in Ponieyieaure 18 3 5, came to nos fa politics a Democrat. Hollingsworth, 4 List of the Menke Lander, Samuel: born January 21, 1798, in Clark County, Kesaeeet Oc 1835, came to Bloomington, Illinois; farmer and stock-raiser; 1847, memb Constitutional Convention; removed to Denison, Texas; died January 8, 1 in politics a Whig, later a Democrat. Bateman and Selby, Historical Encycl of Illinois, McLean County, 2:1147; Portrait and Biographical Album of Mi County, Chapman Brothers, 736-737; Duis, The Good Old Times in a C1 County, 318-320; Hollingsworth A List of the Members. Lasater, James M.: born 1817, in Tennessee; 1820, brought to I farmer near McLeansboro, Hamilton County; sheriff of county; 1847, membe Constitutional Convention; in politics a Democrat. History of Gallatin, . Hamilton, Franklin, and Williamson Counties, 259-260; Hollingsworth, 4 the Members. Laughlin, William: born 1800, in Kentucky; 1832, came to Illinois; near Marcelline, Adams County; 1840-1842, representative in General As 1847, member of Constitutional Convention; 1870, one of first vice-presi Old Settlers’ Association of Adams and Brown counties; in politics a Demo Blue Book of Illinois, 1913-1914, p. 354; History of Adams County, 3 ve Thompson, Illinois Whigs before 1846, p. 144; Hollingsworth. 4 = Members. hy Lavely, William: 1847, justice of the peace; 1852, mayor of Spri 1853, defeated for county clerk; 1861, defeated for county treasurer; 1869, of Springfield Board of Trade; member of Masonic Order; in politics a Dem Power, History of Springfield, 64, 101; History of Sangamon County, In Publishing Company, 274-275, 566; Fournal of the Convention, 2847, p. 6. Lemon, George B.: born 1810, in Ohio; 1836, came to Illinois; farmei Marion, DeWitt County; 1847, member of Constitutional Convention; 1854 associate county judge; 1861-1863, county supervisor; in politics a Whig. & of DeWitt County, 1:127-130, 134, 139, 432; Hollingsworth, A List of the Men Lenley (Linley), Isaac: born 1807, in Kentucky; 1833, came to Il farmer near Astoria, Fulton County; 1839-1842, county commissiont a member of Constitutional Convention; 1850-1852, representative in Assembly; 1854, county supervisor; in politics a Democrat. Blue Book of 1913-1914, p. 362; History of Fulton County, Charles C. Chapman and C 968, 988; Hollingsworth, 4 List of the Members. Lockwood, Samuel Drake: born August 2, 1789; at Poundridge, Wi County, New York; February, 1811, admitted to the bar at Batavia, Nev January 1812, removed to Sempronius; there appointed justice of pez master in chancery; November, 1813, removed to Auburn; 1818, came t APPENDIX 969 ttled at Carmi; 1821, prosecuting attorney; February 26, 1821—December 28, 22, attorney-general; December 18, 1822—April 2, 1823, secretary of state; 3, receiver. of public moneys at Edwardsville; agent of the first Board of Canal Commissioners; January 19, 1825—November 3, 1848, judge of Supreme Court of Illinois; 1828-1853, trustee of Illinois College, Jacksonville; 1829, removed to _ Jacksonville, Morgan County; 1847, member of Constitutional Convention; _ 1851-1874, state trustee of the Illinois Central Railroad; 1853, removed to Batavia, < be Rives, George W.: born 1815, in Virginia; 1842, came to Illinois boy iit Sealab ON Ie a eR ai i ee ol) eee een Y “ ¢ APPENDIX 975 pe Ezekiel Wright: bias aot in New York: 1841, came to Tiitioss: er near Chester, Randolph County; 1844-1846, representative in General tics a Democrat. Blue Book of Illinois, 191 3-1914, p. 358; History of Randolph, fonroe, and Perry Counties, 124-126; Hollingsworth, 4 List of the Members. "Robinson, Benaiah: born 1797, in North Carolina; 1809, came to [IlIlinois; ner near Edwardsville, Madison County; 1837-(1849) surveyor of Madison ty; 1847, member of Constitutional Convention; removed to Oregon; in ics a Democrat. History of Madison County, 149-150, 154, 168, 348; Hollings- ; A List of the eae als at ie Sacun: SE Clair County; uoice in Rin as 1838-1840, eee esentative in General Assembly; 1842, defeated for reélection by Gustave erner; 1851, 1854—1862, physician to the poor house; 1857-1861, county clerk; n office September, 1861; in politics a Democrat till 1842, thereafter a Whig. 1e Book of Illinois, 1913-1914, Ppp. 353, 365; Memoirs of Gustave Koerner, 1:464; ten man and Selby, Historical Encyclopedia of Illinois, St. Clair County, 2:690, , 834; History of St. Clair County, Brink, McDonough and Company, 77-79; sworth, 4 List of the Members. Rountree, Hiram: born December 22, 1794, in Rutherford County, North olina; brought in infancy to Kentucky; in War of 1812, ensign under General lby, first governor of Kentucky; studied law in Bowling Green, Kentucky; 1817, came to Madison County, Illinois; 1817-1821, taught school near Edwards- y eg} 1819, removed to Vandalia, Fayette County; 1821, removed to Hillsboro, mtgomery County; one of commissioners to organize the county; held the a) owing offices: first clerk of county commissioners court, first clerk of the circuit , first county recorder, justice of the peace, notary public, master in chan- ery, udge of probate, and postmaster of Hillsboro; 1826-1832, enrolling and ing clerk of the House of Representatives; 1832, captain in Black Hawk : 1847, member of Constitutional Convention; 1848-1852, state senator; 852-1869, county judge; died March 4, 1873, at Hillsboro; in politics a Democrat, ra Republican. Bateman and Selby, Historical Encyclopedia of Illinois, 460; +, Bench and Bar of Illinois, 2:965-967; Blue Book of Illinois, 1913-1914, » 348, 360-361; Perrin, History of Bond and Montgomery Counties, part 1, 5 206, 216, 222, 229, 245, 391; Hollingsworth, 4 List of the Members. ates, Walter Bennett: born January 18, 1808, in South Boston, Halifax , Virginia; taken in infancy to a farm near Hopkinsville, Kentucky, where ineteen years of age, he worked with his father and attended school during winters; learned printer’s trade at Nashville; studied law at Louisville in the ce of Charles S. Morehead, later governor of Kentucky; 1831, admitted to the and removed to Frankfort, Franklin County, Illinois; county surveyor for a April, 1831, April, 1832, April, 1833, October, 1833, April, 1834, October, State’s attorney pro tem; January 18, 1836—December 26, 1836, attorney- 976 ILLINOIS HISTORICAL COLLECT general; lived at Vandalia, then the state capital, during that time; ‘De 1836—February 15, 1841, circuit judge residing at Shawneetown; 1841, remov Mt, Vernon; February 15, 1841—January 11, 1847, June 6, 1853—June 28, judge of supreme court; 1855-1857, chief justice; 1847, member of Consti Convention, where he served as chairman of the Committee on Judiciar 1853, engaged in mining and railroad enterprises; 1857, resumed practice to) in Chicago; 1862, volunteered in the army, commissioned major, and assi staff of General McClernand; was made assistant adjutant-general, mustere: in January, 1866, and afterwards brevetted lieutenant-colonel, colonel, and dier-general; July, 1866—July, 1869, collector of customs and ex officio cu of United States funds at Chicago; in politics a Democrat; died October 26, rf at Evanston, Bateman and Selby, Historical Encyclopedia of Illinois, 466 United States Biographical Dictionary, Mlinois Volume, 690-692; Palmer, 1 and Bar of Ilinots, 1:35-36; Blue Book of Illinois, 1913-1914, pp. 142, 210 Combined History of Randolph, Monroe and Perry Counties, 1805 Hollings List of the Members. Servant, Richard B.: born 1803, in Virginia; 1831, emigrated to Ranc County, Illinois; settled at Chester; 1835, first president of Board of Tru: Chester; 1835-1840, state senator; 1843-1845, receiver of public moneys at office at Kaskaskia; 1847, member of Constitutional Convention; during pe 1849-1874, served several terms as judge of Courity Court of Randolph Cou 1855-1857, probate judge; in politics a Whig, later a Democrat. Combined of Randolph, Monroe and Perry Counties, 118, 121, 124-126, 286-287, Blue Book of Iilinois 1913-1914, Pp. 349, 351-352; Hollnetee A Lis Members. Sharp (Sharpe), Thomas C.: born 1818, in New Jersey; (1834, came to. lawyer at Warsaw, Hancock County; 1841-1843, 1844-1847, editor o Signal; 1847, member of Constitutional Convention; 1853-1855, editor of Express; 1864-1865, editor of Hancock New Era; in politics a Democrat | later a Republican. Scott, Newspapers and Periodicals a Illinois, 3. Hollingsworth, 4 List of the Members. = Sherman, Francis Cornwall; born September 18, 1805, i in Newton, cut; April 7, 1834, arrived in Chicago; engaged principally in brick-maki building; 1835-1836, member of Board of Trustees of Chicago; 1837, 0 aldermen; 1840-1845, county commissioner; 1841, 1862-1865, mayor of Cl 1844-1850, representative in General Assembly; 1847, member of Cons: Convention; 1851-1853, chairman of Board of Supervisors; 1856, 18 unsuccessful candidate for mayor; 1862, defeated in congressional electi November 7, 1870; in politics a Democrat. Biographical Encyclopedia of 423; Currey, Chicago, Its History and Builders, 5:148-154; Andreas, Hi. Cook County, 348, 352; Moses, History of Chicago, 1:96, 103, 114-116, 133) 138; Blue Book of Illinois, 1913-1914, pp- 358-359, 361; ae the Members. Shields, William: born 1812, in Tennessee; 1827, came to Illinois; near Paris, Edgar County; 1847, member of Constitutional Conventions yay, Dorice Dwight: born September 28, 1813, at Williamsburg, etts; 1834, went to Zanesville, Ohio; 1837, removed to Montgomery by y Hino, where he engaged in the mercantile business; June 3, 1841, d daughter of Hiram Rountree; county commissioner of Montgomery 1843, removed to farm near Taylorville, Christian County; 1846-1848, tative in General Assembly; 1847, member of Constitutional Convention; (858, merchant in Taylorville; major of state militia; 1857-1861, county of Christian County; 1857-1870, master in chancery; 1860, admitted to the formed law partnership with H. M. Vandeveer; died May 9, 1870; in >a Democrat. Bateman and Selby, Historical Encyclopedia of Illinois, Blue Book of Illinois, 1913-1914, p. 359; History of Christian County, 64-65, 5 124; McBride, Past and Present of Christian County, $3, 372-373; Hollings- worth, 4 List of the Members. _ Sibléy, John: born 1792, in Massachusetts; 1841, came to Illinois; farmer Richmond, McHenry County; 1847, member of Constitutional Convention; 3 1855-1857, county supervisor. History of McHenry County, Inter-State I hing Company, 219, 223; Hollingsworth, A List of the Members. ; Sim, William: born 1795, in Aberdeen, Scotland; 1817, came to America; 7) 1818, came to Illinois; first physician to settle at Golconda, Pope County; $28, representative in General Assembly; 1847, member of Constitutional ntion; died (1858) 1868; in politics a Whig. Bateman and Selby, Historical eyclopedia of Illinois, 480-481; Biographical Review of Fohnson, Massac, Pope lardin Counties, 287-288; Blue Book of Illinois, 1913-1914, pp. 345-3463 History of Massac County, 48, 152-153; Hollingsworth, 4 List of the Members. mpson, Lewis J.: born 1793, in Kentucky; 1807, came to Illinois; farmer iberty, Highland (now Adams) County; 1847, member of Constitutional ation; in politics a Democrat. Hollingsworth, 4 List of the Members. Singleton, James Washington: born November 23, 1811, in Paxton, Virginia; ated at the Winchester Academy; 1829, removed to Indiana; (1830), settled Sc er County, Illinois, where he practiced medicine and studied law; 1833, ne to “Mt. Sterling, Brown County; lawyer and stock-raiser; 1844, elected er-general of the Illinois militia and identified with the “Mormon War”; 1862, member of Constitutional Convention; 1850-1854, 1860-1862, repre- ve in General Assembly; 1852, removed to Quincy, Adams County; con- ous leader of peace party during the Civil War; 1868, defeated as candidate ess; 1879-1883, representative in Congress; 1882, defeated for reélection dependent Democrat; constructed the Quincy and Toledo (now part of the ash, and the Quincy, Alton and St. Louis (now part of the Chicago, Burlington y) railways, president of both companies; died April 4, 1892, at Baltimore, ryland; in politics a Whig, later 2 Democrat. Bateman and Selby, Historical eyclopedia of Illinois, 481; Palmer, Bench and jBar of Illinois, 1:2-3; Bio- ical Encyclopedia of Illinois, 484; Blue Book of Illinois, 1913-1914, pp- 195, 363, 367; Redmond, History of Quincy and Its Men of Mark, 285-287; Bio- ‘ se a sa bd ‘uy eA Tee ey Members. EN Smith, Edward O.: born (1817) 1818, in Minion County 1837, came to Illinois; mechanic at Decatur, Macon County; 18475 Constitutional Convention; 1848-1850, state senator; 1853, removed to where he became farmer and trader near San Jose; 1878, member of C Constitutional Convention; in politics a Whig. Blue Book of Illinois, 19 p. 360; The Works of Hubert Howe Bancroft, 24:4043 aie A Lis Members. Smith, Jacob: born 1812, in Pennsylvania; 1839, came ra Tinois: at Galatia, Gallatin County; 1847, member of Constitutional Conventior politics a Democrat. Hollingsworth, 4 List of the Members. er, Spencer, John Winchell: born July 25, 1801, at Vergennes, Vermont; came to St. Louis, but on account of slavery in Missouri removed to Green Illinois; 1820-1827, farmer in Greene County; 1828, removed to Morgan 1829, removed to farm near Rock Island; 1831, first lieutenant in Bla War; 1833-1838, county commissioner of Rock Island County; 1841, r dam at Moline; 1847, member of Constitutional Convention; 1849-185 judge; 1852, became chief proprietor and manager of ferry between Rock and Davenport; died February 20, 1878; in politics a Whig. x Encyclopedia of Illinois, 295-296; Portrait and Biographical Album of ae County, 545-546, 704; Hollingsworth, 4 List of the Members. : Stadden, William: born December 5, 1800, near Newark, Ohio; to LaSalle County; millwright by trade; 1834-1836, sheriff of LaSa 1836-1843, state senator; 1847, member of Constitutional Convention; October 13, 1849; in politics a Whig. Blue Book of Illinois, 1913-1914, 352, 354; Thompson, Illinois Whigs before 7846, p. 136; History of LaSalle Inter-State Publishing Company, 1:217; 2:101; Baldwin, History @ County, 216, 221, 271-272; Hollingsworth, 4 List of the Members. Swan, Huchat born, June 9, 1797, in Lime, Connecticut; 1845, came County, Illinois; farmer in Fremont Township, near Libertyville; 18475 1 of Constitutional Convention; 1850-1852, 1859-1860, 1868, county 1868, chairman; 1850-1852, 1854-1856, representative in General 1861, township assessor; died May 15, 1876; in politics a Whig 1 became a Free esol later a Republican. Halsey, Hsin a Lake c 1913-1914, pp. ee 364; Hotlnlesworehe A List of the Members. Thomas, William: born November 22, 1802, in Warren (now A i Kentucky; 1820-1822, deputy sheriff of Allen County; studied law at Br Green in office of James T. Morehead, afterward governor of Ken admitted to the bar; 1823-1826, practiced law in Bowling Green; 18: Jacksonville, Illinois; taught school; 1827, private in Winnebago 1829, reporter for Vandalia Intelligencer; 1828-1829, state’s attorne Judicial Circuit; 1831-1832, quartermaster and commissary in Black | I 1831- ae school Dist saga of ee ae te — t 1839-1869, trustee of the Institution for the Deaf and Dumb at Jacksonville; > of first trustees of the Esra for the Insane at Jacksonville; 1847, d eel supporters a Illinois Female College. Bateman and Selby, Historical yelo edia of Illinois, 522; Palmer, Bench and Bar of Illinois, 1:337; 2:1095;3 States Biographical Dictionary, Mlinois Volume, 827-830; Blue Book of , 1913-1914, Pp- 213, 259, 261, 349, 351-352; Eames, Historic Morgan and ane 123, mays 243) 323-326; Pua A List iy the as 9, moved to Peoria County, Illinois; 1842-1846, state senator; 1844, in educational convention at Peoria; 1847, member of Constitutional in; died February 24, 1850, at Brimfield, Peoria County; a farmer; in es a Democrat. Bateman and Selby, Historical Encyclopedia of Illinois, ria County, 2:469; Blue Book of Illinois, 1913-1914, pp. 355, 357; Hollings- th, 4 List of the Members. ornton, Anthony: born November 9, 1814 (1817), near Paris, Bourbon Kentucky; 1831-1833, attended high school at Gallatin, Tennessee, and ollege, Danville, Kentucky; 1834, graduated from Miami University, 6, admitted to the bar; 1836 (1838), settled at Shelbyville, Illinois, where ractice of law; 1847, 1862, member of Constitutional Convention; -1852, representative in the General Assembly; 1865-1867, representative “ones gress; 1870-1873, judge of Supreme Court of Illinois; 1873, first president ta ar Association; 1879, removed to Decatur; 1881, returned to Shelbyville; mber 10, 1904; in politics a Whig, then a Democrat; (later a Repub- eman and Selby, Historical Encyclopedia of Illinois, 522; Palmer, Bar of Illinois, 1: 458-459; Biographical Congressional Directory, 1774- Pe 055; Blue Book of Illinois, 1913-1914, pp. 193, 210, 362; Bateman and ce storical Encyclopedia of Illinois, Shelby County, 2:686, 689, 729-730, ollingsworth, 4 List of the Members. rower, Thomas B.: born November 15, 1806 (1809), in Albemarle County, a; taken in infancy to Kentucky; (1826-1829), studied medicine and taught 0, removed to Shelbyville, Illinois; 1830-1836, engaged in practice of e at Shelbyville; 1836, removed to Charleston, Coles County, 1834-1836, : esentative in General Assembly; 1839, resumed headed of medicine at Charles- 980 ILLINOIS HISTORICAL COLLECTI assessor of Warren County; 1847, member of Constitutional Conventi 1850, representative in General Assembly; in politics a Whig. Blue Illinois, 1913-1914, p. 360; Bateman and Selby, Historical Encyclopedia of J Warren County, 2:738, 753; Portrait and Biographical Album of Warre Chapman Brothers, 708; Hollingsworth, 4 List of the Members. ; Turner, Oaks: born 1809, in Maine; 1834, came to Illinois; 1834-1848, clerk of Putnam County; 1838-1847, circuit clerk; 1839-1847, county reco 1847, member of Constitutional Convention; 1848-1849, 1855-1859, treasurer; in politics a Whig. Ford, History of Putnam and rie feo Cou 148; Hollingsworth, 4 List of the Members. Tutt, William: born 1811, in Virginia; physician; 1830, came ae County, Illinois; practiced medicine; 1838, removed to Marshall; 1847, r Constitutional Convention; in politics a Democrat. Perrin, History of Ci and Clark Counties, part 2, pp. 294, 303, 344. Hollingsworth, 4 List of the Tuttle, James: born 1806, in Ohio; 1840, came to Illinois; fa: Waynesville, DeWitt County; 1847, member of Constitutional Conven ‘ior politics a Whig. Hollingsworth, 4 List of the Members. Vance, John W.: born 1782 in Germany; in (1822) emigrated to the States; brother of Governor Joseph Vance of Ohio; 1823, came from Ol Danville, Vermilion County, Illinois; 1823 (1824), leased and developed salt very prominent in affairs of county at an early day; 1832-1838, state s 1847,:member of Constitutional Convention; died 1856 (1857); in politi Blue Book of Illinois, 1913-1914, pp. 348-349, 351; Jones, History of County, 1:137, 405; 2:113; Beckwith, History of Vermilion County, Hollingsworth, 4 List of the Members. Vernor, Zenas H.: born 1808, in North Carolina; 1829, came to farmer near Nashville, Washington County; 1847, member of Consti Convention; 1848-1850, representative in General Assembly; in politi $a crat. Blue Book of Illinois, 1913-1914, p. 360; Hollingsworth, 4 List of # bers. (iy Se Wead, Hezekiah Morse: born June 1, 1810, in Sheldon, Frankli Vermont; attended winter term of village school until seventeen years old six months attended academy at Castleton, Vermont; clerk for merch; it Rutland, Vermont; worked passage on canalboat to Pittsford, New Yo: he taught school and began study of law; 1832, admitted to the bar; ta in Akron, Ohio; 1836-1837, practiced law in Vermont in partnership y Seth Cushman; 1837-1840, taught school in New Jersey; 1840, came to Fulton County, Illinois; 1845, aided in preparation of memorial to Ge: bly on common-school education; 1847, member of Constitutional | 1852-1855, circuit judge of Tenth Circuit; 1855, removed to Peoria, w successful career as a lawyer; 1861, moved to farm near Peoria; died M. in politics a Democrat; allied himself with Anti-Repudiationists; oppos and supported government in war, but continued allegiance to Democra Palmer, Bench and Bar of Illinois, 1:4, 310, 315-320; Blue Book of Iilinos: 1914, p. 215; History of Fulton County, Charles C. Chapman and Compa ' APPENDIX 981 an Selby, Historical Encyclopedia of Illinois, Peoria County, 2: 635; Rice, ry of Peoria, 2:171-172; Hollingsworth, 4 List of the Members. a lebber, Thomson (Thompson) R.: born October 6, 1807, in Shelby County, ucky; 1824-1832, taught school; 1832, came to Illinois; 1834-1837, engaged BE dantile business in Urbana; first postmaster in Urbana, appointed by Jack- p rved for fifteen years; 1833-1853, clerk of county court; 1833-1846, clerk of ‘court; 1834-1874, master in chancery; 1847, 1862, member of Constitu- Convention; close friend of Lincoln and David Davis; died December 14, ‘in politics a Democrat. Biographical Encyclopedia of Illinois, 110-111; an and Selby, Historical Encyclopedia of Illinois, Champaign County, 2:669, 94, 1050; Portrait and Biographical Album of Champaign County, Chapman ers, 946; History of Champaign County, Brink, McDonough and Company, 108; Hollingsworth, 4 List of the Members. _ West, Edward M.: born May 2, 1814, in Botetourt County, Virginia; 1818, ght to Illinois; 1829-1831, clerk in recorder’s office and deputy postmaster at ingfield; 1833-1835, clerk in United States land office at Edwardsville; 1835- 3 54) 1867, engaged in mercantile business at Edwardsville; 1839-1845, county rer; 1845-1851, county school commissioner; papeain in Illinois National nember of Methodist church; died October 31, aia in politics a Whig, a Democrat. Bateman and Selby, Historical Encyclopedia of Illinois, 583; of Madison County, 150, 152-154, 168, 170, 172, 180, 338, 356-357, 556; llingsworth, 4 List of the Members. Whiteside, John Davis: born 1794 (1795) (1798), at Whiteside Station, Mon- roe County, Illinois; farmer; 1824-1828, county commissioner; 1825-1828, clerk 0 f Circuit Court; 1830-1836, 1844-1846, representative in General Assembly; 1836, dential elector; 1836-1837, state senator; March 4, 1837—-March 6, 1841, ‘treasurer; 1842, second to General Shields in Lincoln-Shields duel; appointed esident Polk as commissioner to confer with British government regarding nois bonds; 1846, adjutant-general, organizing and training volunteers in san War; 1847, member of Constitutional Convention; died 1850, at place th; in politics a Democrat. Bateman and Selby, Historical Encyclopedia of 401s, 139, 586; Greene and Thompson, Governors’ Letter-Books, 1840-1853, p 6n; Blue Book of Illinois, 1913-1914, pp. 141, 201, 348-351, 358; Combined History of Randolph, Monroe and Perry Counties, 160-161, 449; Hollingsworth, List a the Members. é itney, Daniel Hilton: born 1808, in New York; 1834, came to Illinois; ian at Belvidere, Boone County; 1836, first census enumerator of Winnebago munty; 1836-1837, recorder of Winnebago County; 1840, favored Wisconsin’s mnexation of disputed territory; 1847, member of Constitutional Convention; died February 17, (1862), 1864, at Belvidere; in politics a Whig. History of Vinnebago County, H. F. Kett and Company, 239-240, 244-245, 391-392, 404; hurch, History of Rockford and Winnebago County, 53-54) 75-76, 163, 202, 2643 ollingsworth, 4 List of the Members. Senate; 1854, defeated as candidate for Congress; because. of advanc declined seat on United States Supreme Bench; 1861, appointed Un ed L district judge for Kansas; died September 21, 1863, at Quincy; in po later a Republican. Bateman and Selby, Historical Encyclopedia of Palmer, Bench and Bar of Illinois, 1:2, 182-183; 2: 880; Blue Book of 7 1914, PP. 348-349, 352-353; reed of Adams ee 415, cate doorkeeper of the House; 1847, doorkeeper pro tem and sergeant-at-arms ; stitutional Convention; 1852-1854, 1856-1858, representative in Gener died in Eitan in politics a a Democrat. Blue Book of Illinois, 19137 i D) ven 302, 7533 iallincaworeh, A List of the Members. ; 3 Witt, Franklin: born 1804, in Tennessee; 1814, brought to Pop Illinois; 1826, settled in Cass County; 1827, removed to farm near | County; justice of the peace; es iSiee representative in General 4 672, aan Miner, Past and Present of Gis Caan 308; Hollingswor the Members. i! Woodruff, Ralph: born 1806, in New York; 1834, came to Illini near Ottawa; March—August, 1839, county commissioner of LaSalle C one of commissioners to locate county seat of DuPage County; 1847, assistant doorkeeper of Constitutional Convention; died 1850; Democrat. Baldwin, History of LaSalle County, 215, 217, 2333; Histor; County, Inter-State Publishing Company, 1:216; Bateman and ae i Encyclopedia of Illinois, DuPage County, 2:640; Holiness ae Members. Woodson, David Meade: born May 18, 1806, in Teseuatteet tucky; educated in private schools and at Transylvania University with his father; 1832, member of Kentucky legislature; 1834, remo ton, Greene County, Illinois; 1835, returned to Transylvania | graduated with honor; 1837-1839, county judge; 1839-1840, sta 1843, Whig candidate for Congress against Stephen A. Douglas; 18 member of Constitutional Convention; November 1, 1848—Dec judge of the Supreme Court of Illinois; 1848, judge of the First Judic: died 1877; in politics a Whig, later a Democrat. Bateman and Selby, Hi Encyclopedia of Illinois, 599; Palmer, Bench and Bar of Illinois, 1:4 1096; Blue Book of Illinois, 1913-1914, pp. 210, 214, 355, 371; Histor APPENDIX 98s -502; Miner, Past and Present of Greene County, 61, 338-342; of the Members. drug, farm he hI and lumber ae 1843-1848, 1843- 1855, postmaster of White Hall; 1847, member of oe 1852-(1885), township school trustee; 1853-1859, y justice, 1856-1858, 1862-1866, state senator; 1859-1871, trustee or the Deaf and Dumb at Jacksonville; 1860-1891, one of the ‘acksonville branch of the Chicago and Alton Railroad; 1873- dge; 1876, delegate to Democratic National Convention; died pests in politics a Democrat. Bateman and Selby, Historical os ; Be cits, 591-592, 655-657, 660-661, eae es 691, 1101; List of the Members. BIBLIOGRAPHY = / a - , vO @ oe BIBLIOGRAPHY I Srate PusicaTions AND DocumMENTS of the State of Illinois, 1913-1914. Compiled and published by Harry ds, secretary of state (Danville, 1914). ja Blue Book or State Roster, 1911. Compiled by Frank C. Jordan, secre- of state . . . . (Sacramento, 1913). Book of Information for the Year 1870, giving a general view of the State linois and its government . . . . Compiled by Edward Rummel, secretary : (Springfield, 1870). | nund J. (ed.), The Territorial Records of Illinois (Springfield, 1901) State Historical Library, Publications, number 3}. ! e Convention, Assembled at Springfield, Fune 7, 1847, in Pursuance of an the General Assembly of the State of Illinois . .. . for the Purpose of tering, Amending, or Revising the Constitution of the State of Illinois (Spring- Id, 1847). lof ‘the House of Representatives of the Fifteenth General Assembly of the State f Ii inois . . . . 1846-1847 (Springfield, 1846). ‘the Senate of the Fifteenth General Assembly of the State of Illinois .... 847 (Springfield, 1846). ‘State of Illinois . . . . 1846-1847 (Springfield, 1847). Edward, Rummel’s Tilinois Hand-Book and Legislative Manual for 1871 . (Springfield, 1871). ndiana Legislative Manual for 1973. . . . Compiled. . ... by Demarchus own, state librarian (Indianapolis, 1913). . (ed.), I/inois Constitutions (Springfield, 1919). [Collections of the ‘State Historical Library, volume 13]. — II NEWSPAPERS legr aph and Democratic Review, 1847-1848, Alton. Beacon, 1847-1848, Aurora. Gazette, 1847, Beardstown. Advocate, 1847-1848, Belleville. : Fournal, 1847-1848, Chicago. 987 988 ILLINOIS HISTORICAL COLLEC t Sangamo Fournal, 1847, Springfield. September 23, 1847, then name became Fournal. State Register, Tri-weekly, 1847-1848, Springfield. Western Citizen, 1846-1848, Chicago. Ill BiocrapuHicaL Works Bench and Bar of Chicago, Biographical Sketches, American Biographical Put Company (Chicago, n.d.). ing Biographical Congressional Directory, with an outline history of the national 1774-1911 . . . . Government Printing Office (Washington, 1913). Biographical Enaelanene of Illinots of the Nineteenth Century, oar BE Company (Philadelphia, 1875). Caton, John D., Early Bench and Bar of Illinois... _(Ciitensey 1893). : Encyclopedia of Banas of Iilinois, The Century Publishing and tac pany, 2 volumes (Chicago, 1892). French Manuscripts, letters to Augustus C. French in McKendree College [ Lebanon, Illinois. {a Koerner, Gustave Phillip, Memoirs of Gustave Keener 1809-1896, | written at the suggestion of his children. Edited by Thomas J. McC . . « . (Cedar Rapids, 1909). ne Lincoln, Abraham, The Writings of Abraham Lincoln, federal edition. E Arthur B. Lapsley, 8 volumes (New York, 1905-1906). ! Ye Nicolay, John G., and John Hay, Abraham Lincoln, a History, 10 volum York, 1890). Nicolay, John G., and John Hay (ed.), Abraham Lincoln, Complete works, ail - his speeches, letters, state papers, and miscellaneous writings, 2 vole York, 1894). Palmer, John M., Personal Recollections of Fohn M. Palmer, The story f an life (Cipeae 1901). Palmer, John M., (ed.), The Bench and Bar of Lilinois, pisvoriedl ands remii volumes (Chicago, 1899). b. Peck, John M., Forty Years of Pioneer Life, Memoir of Fohn Mason Pec Edited frie his journals and correspondence by Rufus et 1864). a Reynolds, John, My Own Times: Embracing also the History of my His SA (Chicago 1879). 5 % Sturtevant, Julian M., Fulian M. Sturtevant: An Autobiography, edited iy Sturtevant, Jr. (New York, 1896). United States Biographical Dictionary and Portrait Gallery of Eminent aed Men, Illinois Volume, American Biographical Publishing bao. c 1883). White, Horace, The Life of re Trumbull (Boston and New York, 1913). y. BIBLIOGRAPHY 989 IV Speciat Works nthony, Elliott, The Constitutional History of Illinois (Chicago, 1891). : :, John Williston, Bacaional History of Illinois; growth and progress in educa- al affairs of the state from the earliest day to the present (Chicago, 1912). son, Alexander, and Bernard Stuvé, 4 Complete History of Illinois from 1673 7884... . (Springfield, 1884). Niels H., The Veto Power of the Governor of Illinois (Urbana, 1917) [University of Illinois Studies in the Social Sciences, volume 6]. e, George W., The Development of Banking in Illinois, 7817-1863 (Urbana, 13) [University of Illinois Studies in the Social Sciences, volume 2). » Lhomas, 4 History of Illinois from its commencement as a State in 1878 to 1847, containing a full account of the Black Hawk War, the rise, progress and fall of Mormonism, the Alton and Lovejoy riots, and other... . events (Chicago, ie, Evarts B., and Clarence W. Alvord (ed.), Governors’ Letter-Books 1818- 1834 (Springfield, 1909) [Collections of the Illinois State Historical Library, olume 4]. e, Evarts B., and Charles M. Thompson, Governors’ Letter-Books, 1840-1853 (Springfield, 1911) [Collections of the Illinois State Historical Library, volume 7]. ne, Evarts B., The Government of Illinois, its history and administration . . (New York, 1904). is, Norman D., History of Negro Slavery in Illinois and of the Slavery Agitation in that State (CiiGco. 1906). : John, Illinois, Historical and Statistical, comprising the essential facts of its growth as a Province, County, Territory and State, 2 volumes (Chicago, 1880). e, Theodore C., The Frontier State (Springfield, 1918) [Centennial History of Illinois, volume 2]. , Burt E., The Movement for Industrial Education and the Establishment of the University, 1840-1870 (Urbana, 1918) [Semi-Centennial History of the University of Illinois, volume 1]. Franklin W., Newspapers and Periodicals of Illinois, 1814-1879 (Springfield, 110) eaiecrions ae the Illinois State Historical Library, volume 6]. nson, a E., “The Constitutional Conventions and the Constitutions of a iiss State Historical Society, Transactions, 1903 (Springfield, Andreas, A. T., History of Cook County, Illinois, from the earliest Pe r Bateman, Newton, and Paul Selby (ed.), Historical Be Les (Chictuos 1884-1886). Time (Chicago, 1884). (Chicago, 1900). Following the publication of the Encycloy which the Encyclopedia constitutes the first, the county hiseoeyh The following histories of this series have been used in the Da volume: . History of Carroll County, Edited by Charles L. Hostetler frolume 1913). History of Cass County, Edited by Charles A. E. Martin rol 1915). i History of Champaign County, Edited by Joseph O. Cunningh L (Chicago, 1905). History of DuPage County .... by special authors and contribut (Chicago, 1914). Historical Encyclopedia; History of Fulton County. Edited: by J Chicago, 1908). Illinois, Historical; Lawrence County, Bigrapheee Edited by it McCleave (Chicago, I9io0). t Historical Encyclopedia; History of Kane County. Edited by Joh (Chicago, 1904). ; ; History of Kendall County .... by special authors and contribu (Chicago, 1914). Historical Encyclopedia; History of Knox County, Edited by and George Candee Gale (Chicago, 1899). PS Historical Encyclopedia; History of Lake County. Edited” Yi Partridge (Chicago, 1902). Historical Encyclopedia; History of Lee County. Edited by A 6: (Chicago, 1904). hanya: Historical Encyclopedia; History of McDonough County. “Bui McLean (Chicago, 1907). History of McLean County. Edited by Ezra M. Prince and John Fy [volume 2] (Chicago, 1908). al History of Peoria County. Edited by David McCulloch volume 2 and Peoria, 1902). i St. Clair County. Edited by A. S. Wilderman and A. A. Wilderman ; 2] (Chicago, 1907). Encyclopedia; History of Schuyler County. Edited by Howard F. ‘Chicago, 1908). of Shelby County. Edited by George D. Chafee [volume 2] (Chicago, of Tazewell County. Edited by Ben C. Allensworth [volume 2] (Chi- 905). of Warren County. Edited by Hugh R. Moffet Ao Thomas H. Rogers e 2] (Chicago, 1903). t a W., History of Vermilion County, together with historic notes on the st, gleaned from early authors, old maps and manuscripts, private and ial corespondence . .. . (Chicago, 1879). a 8 (ed.), History of Wieae County, Illinois . . with numerous ) ical and Reminiscent History of Richland, Clay and Marion Counties, , B. F. Bowen and Company (Indianapolis, 1909). 1 Review of Fohnson, Massac, Pope and Hardin Counties, Illinois, con- biographical sketches of prominent citizens ........ Biographical S. J., History of McDonough County, Illinois, its cities, towns and villages, with early reminiscences, personal incidents . . . . (Springfield, 1878). d History of Edwards, Lawrence and Wabash Counties, Illinois, with illus- / ations descriptive of their scenery and biographical sketches of some of their p minent men and pioneers. J. L. McDonough and Company (Edwardsville, Fi es ot Randolph, Monroe and Perry Counties, Illinots, with illustrations d pioneers. J.L. McDonough and Company (Edwardsville, 1883). ‘ative Biographical and Historical Record of Kane County, Illinois, con- ing full page portraits and biographical sketches of prominent citizens, together th portraits and biographies of the governors of Illinois . . . Beers, Leggett id Company (Chicago, 1888). arshal M., History of Ferseyville, Illinois, 1822 to rgor (Jerseyville, 1901). Cumberland, Fasper and Richland, Illinois, Historical and Biographical, jattey and Company (Chicago, 1884). 992 + ~‘ILLINOIS HISTORICAL COLLECT! Currey, J. Seymour, Chicago: Its History and lis Builies a Century Growth, 5 volumes (Chicago, 1912). ‘ Duis, E., The Good Old Times, McLean County, Illinois, fonitasane two hu sixty-one sketches of old settlers . . . . (Bloomington, 1874). Eames, Charles M., Historic Morgan ahd Classic Facksonville. Compiled oe Charles M. aines . ... with introduction by Prof. Harvey W. Mil (Jacksonville, 1885). Erwin, Milo, History of Williamson County, Illinois, from the aten nies down the present, with an accurate account of the secession movement... . 1876). ‘4 Ford, Henry A., History of Putnam and Marshall Counties; embracing an acco the eclameie early progress and formation of Bureau and Stark Counties; an appendix, containing notices of old settlers .... (Lacon, 1860). ae Goodspeed, Weston, and Daniel Healy (ed.), History of Cook County, Illinoi. @ general survey of Cook County history, including a condensed history 9 and special account of districts outside the city limits . . . ¢ 20 volumes < 1909). : Gross, Lewis M., Past and Present of DeKalb County, Illinois, 2 volumes 1907). ug Halsey, John J. (ed.), 4 History’of Lake County, Illinois, (Oded: ig » ae History of Adams County, Illinois, containing a history of the county, its cit . . @ biographical directory of its citizens... . general and local portraits of early settlers and prominent men .... Murray, Willi Phelps (Chicago, 1879). History of Carroll County, Illinois, containing a history of the county, its citi . a biographical directory of its citizens, war record of its volunteers ti th rebellion ....H.¥F. Kett and Company (Chicago, 1878). History of Champaign County, Illinois, with illustrations descriptive of its sce: f biographical sketches of some of its prominent men and pioneers, Brink Donough and Company (Edwardsville, 1878). - History of Christian County, Illinois, with illustrations descripittes of its sce biographical sketches of some of tts prominent men and pioneers. “ _ Donough and Company (Edwardsville, 1880). citizens of the county. Pioneer Publishing Company (Chicago, 1910) History of Fulton County, Illinois; together with sketches of its cities . . tional, religious, civil, military, and ict history, portraits... raphies of representative citizens .... Charles C, Moore sy : (Peoria, 1879). History of Gallatin, Saline, Hamilton, Franklin and Williamson Cian from the earliest time to the present; together with . . biographical . The Goodspeed Publishing Company (Chicasa! 1887). History of Greene County, Illinois, . . . containing a history of the county; . a biographical directory of its citizens . . . . portraits of its early and prominent men ... . Donnelley, Gassette anal Loyd, Publishers ( 1879). BIBLIOGRAPHY 993 tory of Greene and Fersey Counties, Illinois, together with sketches of the towns _. ... educational, civil, military and ieee history; portraits .... and _ biographies of representative men... . Continental Historical Company ASS (Springfield, 1885). ye History of Fackson County, Illinois, with illustrations descriptive of its scenery, and _ biographical sketches of some of its prominent men and pioneers. Brink, Mc- Donough and Company (Edwardsville, 1878). History of Knox County, Illinois; together with sketches of the cities . . . . record of its volunteers in the late war, educational, religious, civil and military history _,... and biographical sketches . . . . Charles C. Chapman and Company _ (Chicago, 1878). tory of La Salle County, Illinois, together with sketches of its cities... . educa- | tional, religious, civil, military and political history . . . . Inter-State Publish- ing Company, 2 volumes (Chicago, 1886). ‘ory of McHenry County, Illinois, together with sketches of its cities .. . . educa- tional, religious, civil, military, and political history, portraits... . and biographies of representative citizens . . . . Inter-State. Publishing Company (Chicago, 1885). istory of Madison County, Illinois, with biographical sketches of many prominent _ men and pioneers, W. R. Brink and Company (Edwardsville, 1882). story of Marion and Clinton Counties, Illinois, with illustrations descriptive of the scenery, and biographical sketches of some of the prominent men and pioneers, _ Brink, McDonough and Company (Edwardsville, 1881). istory of Menard and Mason Counties, Illinois, containing a history of the counties .... portraits of early settlers and prominent men... . O. L. Baskin and Company, Historical Publishers (Chicago, 1879). istory of Morgan County, Illinois... . containing a history of the county... . a biographical directory of its citizens ... . portraits of its early settlers and prominent men .. . . Donnelley, Loyd and Company (Chicago, 1878). istory of Ogle County, Illinois, containing a history of the county, its cities... . a biographical directory of its citizens . . . . portraits of early settlers and promi- _ nent men ....H.F. Kett and Company (Chicago, 1878). History of Pike County, Illinois; together with sketches of its cities . . . . educational, _ religious, civil, military, and political history . . . . Charles C. Chapman and ‘Company (Chicago, 1880). History of St. Clair County, Illinois, with illustrations of its scenery, and biographical sketches of some of its prominent men and pioneers, Brink, McDonough and Company (Edwardsville, 1881). tory of Sangamon County, Illinois; together with sketches of its cities... . edu- - cational, religious, civil, military, and ee history; portraits... . and biographies of representative citizens . . . . Inter-State Publishing Company - (Chicago, 1881). istory of Wayne and Clay Counties, I: Ilinois, Globe Publishing Company, Historical Publishers (Chicago, 1884). 994 ILLINOIS HISTORICAL COLLE History of Winnebago County, Illinois . . . . containing a . . @ biographical directory of its citizens... . ; prominent men ....H.¥F. Kett and Company (Chicago, rf Jones, Lottie E., Bisa i Vermilion County, Illinois, a tale of its evo ment and progress . . . . 2 volumes (Chicago, 1911). ( McBride, J. C., Past and Present of Christian County, Ting 1904). Shaves oh many of its prominent ... . citizens and ilstrious de 1906). i Matson, Nehemiah, Map of Bureau County, Illinois, with sketches oe its ment (Chicago, 1867). Miner, Edwards, Past and Present of Greene County, Illinois (Chicago, 1 Moore, Roy L., History of Woodford County, a concise history of the se growth of Woodford County (Eureka, 1910). Moses, John, and Joseph Kirkland, History of Chicago, Illinois, 2 vale 1895). oh Page, O. J., History of Massac County, Illinois, with life sketches and (n.p., n.d.) Past and Present of Kane County, I. Hinois, containing a history of the county directory of its citizens... . portraits of early settlers and prom: . William LeBaron, ea and Company (Chicago, 1878). a Parting William H., (ed.), History of Bond and Montgomery Countie (Chicago, 1882). Perrin, William H., (ed.), History of Cass County, Iinbis (Chicago, 188 Perrin, William H., (ed.), History of Crawford and Clark Counties, Illinois 1883). Portrait and Biographical Album of Champaign County, Illinois, donde portraits and biographical sketches of prominent ... . citizens... with portraits and biographies of all the governors of Illinots . . Brothers (Chicago, 1887). portraits and biographical sketches of prominent... . citizens. Baie ’ with portraits and biographies of all the governors of Illinois... . Brothers (Chicago, 1883). Portrait and Biographical Album of McLean County, Iinois, containing. portraits and biographical sketches of prominent... . CBTERS mt with portraits and biographies of all the governors of Illinois . Brothers (Chicago, 1887). portraits and biographical sketches of prominent... . citizens .. . with portraits and biographies of all the governors of Illinois... . Bio Publishing Company (Chicago, 1885). Portrait and Biographical Album of Warren County, Illinois, containing portraits and biographical sketches of prominent .... hie Ve siete with portraits and biographies of all the governors if Illinois... e Brothers (Chicago, 1886). 1a p) Sad Record of Winnebago and Boone Counties, Illinois, contain- xl sketches of prominent... . citizens, together with biographies gvernors of the state... . Biographical Publishing Company 2). RS roll, History of Springfield, Illinois, its... . advantages for nufacturing, etc. (Springfield, 1871). : H., History of Quincy, and its Men of Mark, or facts and figures advantages and resources, manufactures and commerce (Quincy, coria, City and County, Illinois, a record of settlement, organization, achievement, 2 volumes (Chicago, 1912). ed.), History of Du Page County, Illinois, (Aurora, 1877). “all s History of Fefferson County, Illinois (Indianapolis, 1909). INDEXES zustus, amendments, 203, 18; appointment to committee e, 65; biographical notice of, arks, 617; resolutions, 43. e W. (John W.), amend- ,702; appointment to com- 6; biographical notice of, rks, 754, 860. lis, appointment to commit- 5, 66; “igen notice of, appointment to Baa biige; 65; biographi- ice of, 950. William R., addresses, 98—99, 434-438; amendments, 23, 4542 615, 77% 793; appointment mm mittees, 65, 66, 159, 774; bio- ical notice of, 950; remarks, 23, > 127, 155, 183, 462, 540, 621, 9s 795» 811, 888; reports, 190; utions, 46, 71. ig, George W., amendments, 6545 V Gases 766, 772, 784, 800, appointment to committees, biographical notice of, 950; 551, 723; resolutions, 24; tes, 520, 763-764, 767. n, Martin, amendments, 805; ent to committee, 65; bio- al notice of, 950; remarks, LOR AT SEIT Car hee INDEXES INDEX OF NAMES Ballingall, Patrick, addresses, 534-539; amendments, 309, 608-609; appoint- “ment to committees, 65, 514, 775; biographical notice of, 950; remarks, 532 59, 62, 86, 519, 521, 542, 549, 787; resolutions, 7-8; request to with- draw, 66; substitutes, 854. Bargar, John S., biographical notice of, gn. Bergen, John G., biographical notice of, 22n, Blair, Montgomery, address, 123; ap- pointment to committee, 66; bio- graphical notice of, 951. Blakely, William H., appointment to committee, 65; biographical notice of, 951. Bond, Benjamin, addresses, 417-419, 933; amendments, 353, 855; appoint- ment to committee, 66; biographical notice of, 951; remarks, 3, 13, 287, 723, 724; resolutions, 3, 201, 722. Booth, Louis M., appointment to office, ¥. Bosbyshell, William, addresses, 651- 654, 922-923; amendments, 444, 610, 871; appointment to committees, 65, 514, 777; biographical notice of, 951; petitions, 787; resolutions, 201. Brockman, James, amendments, 67, 303, 644, 870; appointment to com- mittee, 65; biographical notice of, 951; remarks, 112, 182, 200, 202, 219, 397, 516, 883, 942; petitions, 395; remarks, 58, 176, 939; resolutions, 9, 48; substitutes, 731. 999 1000 Brown, George T., addresses, 828-831; amendments, 774, 827, 834; - appoint- ment to committees, 65, 769; bio- graphical notice of, 951; remarks, 110, 832, 833; resolutions, 350, 447. Bunsen, George, appointment to com- mittee, 66; biographical notice of, 951; resolutions, 284. Butler, Horace, addresses, 566-569; amendments, 514; appointment to committee, 66; biographical notice of, 952; petitions, 305; remarks, 371, 618, 643; 763; resolutions, 300; substitutes, 655. Caldwell, Albert G., addresses, 680-683, 689-693, 757-759; amendments, 285, 333> 499s 623, 644, 703, 772, 845-846; appointment to committees, 65, 66, 769; biographical notice of, 952; remarks, 108, 507, 617, 623, 630, 659, 7035 711, 724, 742, 757, 776, 780, 808, 846; request to withdraw from com- mittee, 66; substitutes, 498, 507, 709, 710, 729, 928-929. Campbell, James M., amendments, 613, 804, 889; appointment to committee, 66; biographical notice of, 952; remarks, 298; resolutions, 47, 83, 196, 298. Campbell, Thompson, addresses, 31-37, 76-78, 451-452, 475-481, 516-518, 572-577, 816-817, 822-823, 831-833, 848-849, 900-921; amendments, 22, 83, 385, 389, 475, 802, 888; appoint- ment to committees, 65, 775, 7773 biographical notice of, 953; remarks, 68, 88, 156, 241, 247, 362, 384-386, 479, 488, 516, 521, 557-558, 796, 842, 848, 923, 925; resolutions, 46, 71, 250, 349; request to withdraw from committee, 238; substitutes, 379, 899. Canaday, John, appointment to com- mittee, 66; biographical notice of, 953; resolutions, 251, 897. Carter, Thomkel B., es committee, 65; biographic of, 953. 7 Casey, Franklin S., amendoaell appointment to committee, 6 graphical notice of, 953. Casey, Zadoc, appointment to con tees and offices, 1, 65, 770, biographical notice of, * 95 marks, 513, 630, 841, 844; 250, 3403 par re 276, 3345 628. Choate, Charles, appointment mittee, 66; biographical notice Church, Selden M., amendment: 453, 515, 819, 864; appoi committee and office, 66; cal notice of, 954; remar! 160, 204, 219; resolutions, 8 Churchill, Alfred, amendment 393, 404, 626, 644; appoi committee and office, 66; cal notice of, 954; remarks, 166, 241, 618, 723; reports resolutions, 196; request tow 248. Cline, William J., paninte door-keeper pro tem, I. Cloud, Newton, addresses, 826; biographical notice elected president, 4; petiti Colby, Eben F., amendmen appointment to committee, graphical notice of, 955; 540; resolutions, 889. Constable, Charles H., amen 186, 401, 443, 778; appoi committee, 65, 775; biog notice of, 955; remarks, 195, 196, 200, 241, 2445 7 787, 803, 851, 887; resolu on 190, 201, 721, 775; substitu Crain, John, amendments, 649 ment to committee, 66; bi notice of, 955; remarks, 72 628, 640, 730. bert J., amendments, 307, 405, 785; appointment to ee, 65, 777; biographical of, 955; petitions, 324, 457, resolt tions, 250. amuel J., appointment to com- 66; biographical notice of, 956. ichael G., addresses, 375-378, jo; amendments, 361, 375, 454; tment to committees, 65,775; graphical notice of, 956; petitions, arks, 128, 788, 854. avid, addresses, 461-462, 753- appointment to committees, 66, _ biographical notice of, 956; tions, 171; remarks, 113, 120, ot 218, 661, 7355 753, 812, 842, 8435 esol ion, 82. ames M., addresses, 128-130, 9-371, 569-572, 850-851, 861-862; endments, 24, 100, 309, 393) 449, 7 (ona 648, 739, te 871, 921, . biographical notice of, 956; n rks, 19, 51, 58, 60, 63, 75, 92, 100, 12, 120, 128, 161, 163, 166, 196, 339, 391, 401, 510, 522, 618, 624, 650, 672, 756, 780, 795, 805, 850-852, ; resolutions, 44, 84, 291. homas, G. C., addresses, 28-29, 0-434, 494-497, 558-566, 748-751, 938; amendments, 453, 514, 792; ointment to committees, 65, 159, 5; biographical notice of, 957; narks, 75> 95> 327s 3393 479» oe sc John, addresses, 818; amend- ents, 357, 444, 608, 626, 628, 632, 5,817; appointment to committees, 5; biographical notice of, 957; arks, 818; reports, 673; resolu- INDEXES IOoI Deitz, Peter W., amendments, 152, 174, 200, 308, 727, 736, 772, 8733; appoint- ment to committee, 66; biographical notice of, 957; petitions, 424; substi- ' tutes, 925. Dement, John, addresses, 16-19, 177- 179 491-494, 683-685, 751-753, 931- 933; amendments, 612, 688,721; appointment to committees, 65, 514; biographical notice of, 957; remarks, 50, 51, 53, 67, 68, 163, 177, 214, 240, 642, 649, 658, 661, 663, 669, 670; reports, 124, 189, 673; resolutions, 67,71, 942; substitutes,89o. Dresser, Charles, biographical notice of, 42n. Dummer, Henry E., appointment to committees, 65, 159,774; biographical notice of, 958; petitions, 524. Dunlap, James, amendments, 668; appointment to committee, 65; ap- pointed teller, 4; biographical notice of, 958. Dunn, Harvey, appointment to com- mittee, 66; biographical notice of, 958. Dunsmore, Daniel, appointment to committee, 66; biographical notice of, 958; resolutions, 42. Eccles, Joseph T., amendments, 200, 498, 805, 823; appointment to com- mittee, 65; biographical notice of, 958; remarks, 193, 506, 840; report, 90; resolutions, 636, 942; substitutes, 806, 855. Edmonson, John W. F., amendments, 71; appointment to committees, 65, 159; biographical notice of, 959; resolutions, 70, 109, 943, substitutes, 520. Edwards, Cyrus, addresses, 171-174, 346-349, 885-887; amendments, 511, 802; appointment to committees, 65, 66, 513; biographical notice of, 959; remarks, 52, 54, 249, 398, 512, 623, 1002 Edwards, Cyrus (cont.) 821; reports, 673, 927, 931; request to withdraw, 247; resolutions, 7, 21, 43» 345-346, 878; substitutes, 5, 354, 885. Edwards, Ninian W., amendments, 303, 310, 356, 482, 728, 773, 820, 824, 868; appointment to committee, 66; bio- graphical notice of, 959; petitions, 787, remarks, 89, 162, 332, 358, 385, 407; substitutes, 5, 334, 700, 928. Evey, Edward, appointment to com- mittees, 65, 514; biographical notice of, 959; remarks, 185; resolutions, 44. Ewing, James T., biographical notice of, 960. Farwell, Seth B., amendments, 649, 760 7723 appointment to committee and office, 65, 66, 159, 514; biographical notice of, 960; petitions, 82, 395, 498; remarks, 449, 624, 671, 706, 756. Frick, Frederick, appointment to com- mittee, 65; biographical notice of, 960. Geddes, Thomas, addresses, 227; | amendments, 119, 386, 703, 713, 720, 765; appointment to committee, 65; biographical notice of, 960; re- marks, 99, 155, 196, 485, 647, 762; resolutions, 48, IgI. Graham, James, appointment to com- mittee, 66; biographical notice of, 960; remarks, 438, 821; substitutes, 793 Green, Henry R., appointment to com- mittee and office, 65; biographical notice of, 960; remarks, 39, 301, 371, 850, 921. Green, Peter, appointment to commit- tee, 65; biographical notice of, 960. Green, William B., appointment to committee, 65; biographical notice of, 961. Gregg, David L., addresses, 165, 438- 440, 528-534, 675-677, 839-840, 933- 1595 feet Bits al ~ remarks, 86, 166, , 2395 47%, 508, 539 545, 548, 5 45n; resolutions conce 457- pik Harding, Abner C., add amendments, 154, appointment to comm graphical notice of, 96 195, 245; substitutes, 3 Harlan, Justin, appoi mittees, 65, 159, 514, ical notice of, 962. Harper, Joshua, appointm mittee and office, 65, 774 ical notice of, 962. © Harvey, Curtis K., addresses, amendments, 94, 310, 323, ¢ 657, 720, 728, 800, 868, 8 f ment to committees 103, 156, 195, 268, 647, 732, 776, 780, 8825 314, 3153 resolutions, 43 498, 508. Hatch, Jeduthan, appein mittee, 653 biogra 962; remarks, 388. Hawley, Nelson, amendr appointment to co: graphical notice of, 9 356; a, ee 895; amendments, 455, 846, 4425 790, 810, 847, 852, 926; (I, 267, 289, 730; resolu- euben E., appointment to ee, 65; biographical notice . Hugh, amendments, 291; t to committees, 65, 514, raphical notice of, 964; ns, 7; remarks, 168, 362, 581. ge H., appointment to com- f . 159; biographical notice es M., amendments, 443, 765, 802; appointment to s, 65, 159; biographical 964; remarks, 152, 623, 813; ates, 170, 637, 767. Wil am H., amendments, 824; | notice of, 964. Samuel, appointment to e and office, 65, 159; bio- y , 786. John, appointment to com- s, 65, 66; biographical notice of, n, Aaron C., appointment to mittees, 66, 159; biographical Pore) INDEXES 1003 9 addresses, 99, 810- | Jenkins, Alexander M., addresses, 220- 221; amendments, 448; appointment to committee, 66; biographical notice of, 965; petitions, 636; remarks, 89, II2, 119, 220; reports, III, 315, 469; resolutions, 45, 315; substitutes, 855. Jones, Humphrey B., amendments, 488, 514, 773; appointment to committee, 65; biographical notice of, 965; peti- tions, 104; remarks, 619; reports, 186. Judd, Thomas, appointment to com- mittee, 65; biographical notice of, 966. | Kenner, Alvin R., amendments, 123, 200; 403, 444, 484, 514, 645, 699, 720, - 804; appointment to committee, 66; biographical notice of, 966; remarks, 148, 176; resolutions, 195, 201; sub- stitutes, 927. Kinney, Simon, amendments, 881; ap- pointment to committees, 66, 514; biographical notice of, 966; remarks, 396, 623, 843; substitutes, 68, 297. Kinney, William C., addresses, 524-527; amendments, 47, 508; appointment to committees, 65, 66, 514; biographi- cal notice of, 966; petitions, 457; remarks, 47, 89, 643; reports, 314; resolutions, 250. Kitchell, Alfred, addresses, 677-680; amendments, 47, 310, 455, 488, 613, 865, 866; appointment to committee and office, 66, 159; biographical notice of, 966; remarks, 60, 154, 507, 619, 677; resolutions, 195; substi- tutes, 200, 633, 851. Knapp, Augustus R., addresses, 661— 666; appointment to committees, 65, 159; biographical notice of, 967; remarks, 792, 880; resolutions, 457; substitutes, 359, 375, 631. Knapp, Nathan M., amendments, 392, 819; appointment to committee, 66; biographical notice of, 967; resolu- tions, 48, 83, 388. 1004 Knowlton, Lincoln B., addresses, 222, 582-607; amendments, 22, 386, 726; appointment to committees, 65, 66, 775; biographical notice of, 967; petitions, 395; remarks, 38, 78, 97, 180, 185, 246, 332, 339, 581, 795, 812; resolutions, 290; substitutes, 765, 845. Knox, James, amendments, 397, 608; appointment to committee, 65; bio- graphical notice of, 967; remarks, 180; resolutions, 170. Kreider, George, appointment to com- mittee, 66; biographical notice of, 968. Lander, Samuel, appointment to com- mittee, 66; biographical notice of, 968. . Lasater, James M., appointment to committees, 65, 66; biographical notice of, 968. Laughlin, William, appointment to committee, 65; biographical notice of, 968. Lavely, William, biographical notice of, 968. Lemon, George B., amendments, 361, 836; appointment to committee, 66; biographical notice of, 968. Lenley, Isaac, appointment to commit- tee, 66; biographical notice of, 968. Lockwood, Samuel Drake, amendments, 361, 403, 488, 628, 702, 726, 806, 819, 866; appointment to committee, 65; biographical notice of, 968; remarks, 362, 384, 405, 733, 7633 reports, 111; resolutions, 108, 387, 942; substitutes, 764, 865. Logan, Stephen T., addresses, 13-17, 39-41, 365-367, 396-397; | amend- ments, 24, 49, 119, 160, 170, 174, 307, 335s 360, 369, 407, 445, 448, 514, 630, 637, 658, 674, 784, 868, 889, 924, 9253 appointed teller, 4; appointment to committees, 65, 66, 514, 769; bio- 26, 33» 395 48, 495 51, 57 121, 123, 156, 163, 167, 20 287, 301, 331, 358, 402, 40°. 659, 826, 841, 851, 889, 926; wre resolutions, 5, 768; snd Lona John T., addresses, amendment, 202; poi appointment to committees, biographical notice of, 969 155, 520, 542, 548, 550, 61 776, 805, 813, 860; 44, 201; substitutes, 09, 874. McClure, William, appointmen mittees, 65, 1595 esi) of, 969. McCulley, John, appoineiene a mittee, 66; biographical - nc 969. McHatton, Alexander, appoin committee, 66; be of, 970. Manly, Uri; appointment ' tees, 65, 514, 7743 biogray aphit of, 9703 Wer <— 926. ee Markley, David, ache 695, 708, 729, 766, 799) | 81 835; appointment to commit biographical notice of, 97: 120, 643, 888; resolution, 2 tutes, 656, 785. Marshall, Franklin S. D., ments, 84, 444, 488; appoii committees, 65, 7753 st notice of, 970; petitions, 6 tions, 250. Phomas A., appointment to mmittee, 65; biographical notice 970; substitutes, 767. aphical notice of, 970; [; resolutions, 43. remarks, e, John, appointment to commit- 65; biographical notice of, 971. Robert, appointment to com- all, William A., addresses, 409- al 744-748; amendments, 2, 335, I; appointment to committees, 65, : biographical notice of, 971; be _ remarks, 2, 12, 59, 74, 138, 203, 287, 341, 410, 618; resolutions, 42, 153; et appointment to com- paeaphical notice of, is core, Henry W., appointment to 7% am 1, 55 biographical notice EF 971. chols, Jacob M., appointment to com- ittee, 66; biographical notice of, 971. sag Jesse O., addresses, 210-212; _ amendments, 94, 210, 386; appoint- _ment to committee, 66; biographical _ Rotice of, 971; remarks, 63, 95, 110, 163, 362. a te ie Biel ed ° ee Rae INDEXES 1005 Oliver, John, appointment to commit- tee, 65; biographical notice of, 971. Pace, George W., appointment to com- mittee, 65; biographical notice of, 971. Palmer, Henry D., amendments, 803, 865; appointment to committee, 65; biographical notice of, 971; remarks, 20, 53, 57> 73> 182, 618, 795. Palmer, John M., addresses, 754-756; amendments, 46, 488, 771; appoint- ment to committees, 65, 159; bio- graphical notice of, 973; remarks, 49, 51, 61, 118, 169, 199, 317, 330 704, 754, 762, 763, 764, 776, 790, 826, 848, 863; reports, 769; resolutions, 8, 44, 389, 446. Peters, Onslow, addresses, 458-461; amendments, 392, 458, 515, 698, 726; appointment to committees, 65, 769; biographical notice of, 973; remarks, 27, 79, 407, 458, 522, 616, 723; resolutions, 43; substitutes, 482, 762. Pinckney, Daniel J., addresses, 205- 207; appointment to committees, 65, 159; biographical notice of, 974; remarks, 105, 241, 842, 862. Powers, Williams B.; amendments, Io0o, 736; appointment to committee, 65; biographical notice of, 974; resolu- tion, 250. Pratt, O. C., addresses, 552-555, 578- 580, 713-715; amendments, 24, 702, 739741; appointment to committees, 65, 159, 769; biographical notice of, 974; remarks, 52, 161, 242, 401, 762, 794, 861, 895, 925, 938; substitutes, 69, 85, 741, 764, 896. Rives, George W., appointment to com- mittee, 65; biographical notice of, 974- Robbins, Ezekiel W., addresses, 79-81; amendments, 43, 54, 488, 611, 648, 771,775; appointment to committee, 1006 Robbins, Ezekiel W. (cont.) 65; biographical notice of, 975; peti- tions, 104, 312, 446, 722; remarks, 67, 649; resolutions, 24, 46, 199. Robinson, Benaiah, appointment to committee, 66; biographical notice of, 975. Roman, William W., amendments, 516, 626; appointment to committee, 65; biographical notice of, 975; remarks, 840. Rountree, Hiram, amendments, 90, 285, 307, 511; appointment to committee, 65; biographical notice of, 975; re-. marks, 59, 68, 181, 193; 195, 630; | resolutions, 45, 192; substitutes, 68, 383. ’ ow Scates, Walter B., addresses, 29-31, 90— 92, 138-143, 743; amendments, 124, 190, 307, 309, 361, 515, 625, 627, 644, 732, 802, 925; appointment to com- mittees, 4, 65, 66, 514, 774; bio- graphical notice of, 975; remarks, 1, 25 35 13) 47 515 79, I10, 137; 193, 2445 262, 324, 327, 3325 5425 732s 742s 7875 792, 801, 898, 926; reports, 106, 108, 383, 939; resolutions, 1, 43, 44, 45, 191, 250, 774; substitutes, 785. Servant, Richard B., amendments, 190, 456, 484, 796; appointment to office, 65, 774; biographical notice of, 976; petitions, 312, 340; remarks, 56, 57, 185, 244, 407, 475; reports, 498; resolutions, 250, 302; substitutes, 761. i Sharp, Thomas C., amendments, 354; appointment to committee, 65; bio- graphical notice of, 976; resolutions, 250; substitutes, 359. Sherman, Francis C., amendments, 152, 654; appointment to committee, 65; biographical notice of, 976; remarks, 6, 52, 153, 519, 555, 617, 646, 658, 667, 713; reports, 106, 775. ILLINOIS HISTORICAL COLL. -Stadden, William, amendme A Byry NIK, pe he cr ONS Gj Shields, William, amend pointment to iy 0 graphical notice of, 97 242; resolutions, 46. Shumway, Dorice D. To1, 488, 499, 514, appointment to com ? biographical notice o: 9775 52, 246, 287; resolu ns, 65, 83, 301; substitutes, 9, 83 Bait Sibley, John, amendment, O25, petitions, 761; biograp! 977; substitutes, 353+ Simpson, Lewis J., appoint: me mittee, 66; biographical 977; remarks, 883; r Singleton, James W., I Eh 2095-2075 : 251; substitutes, 768, 8 Smith, Edward O., addresses amendments, 773; aj committee, 66; oe hic pointment to c biographical noticé of, tions, 83.00) / Wm ,: Spencer, John W., appelae ent mittees, 65, 514; biograph al ni 978; petitions, 356; appointment to commit 777; biographical notice of, ¢ Swan, Hurlbut, amendments, pointment to committ : graphical notice of, 978. am, address, 186-188; t to committees and 66, 769; biographical notice » 978; amendments, 356, 385, 454, 726,727, 7973 ¥ emarks, 2, 53, 62, 1 166, 169, 193, 521-522, 617, 543, 733; reports, 186, 289; sub- es, 160, 626, aendments, 210, 309, 323, 393, My » 855, 866; aPpoiengne to biographical ! Piiecaphical notice of, 979. asia ngs 3925 53 fein, 357. er, Oaks, appointed to committee nd cae 66; poerphical notice of, »Vv illiam, appointment to commit- : tips . biographical notice of, 980. | James, addresses, 835-836; ap- ent to committee, 66; bio- ment to committees, 65, 159; hical notice of, 980; substi- s H., appointment to com- 5; biographical notice of, lutions, 201, 250. jah, addresses, 9-11, 116- 2, 399-401, 621-623, 862— amendments, 72, 308, 309, 484, INDEXES Wead, Hezekiah (cont.) 456, 489, 805; appointment to com- mittee and office, 65, 514, 775, 7773 biographical notice of, 980; petitions, 312, 457, 775; remarks, 38, 73, 78, 155, 317, 358, 512, 670, 776, 777, 862; reports, 395, 807; resolutions, 9, 48, 191, 290; substitutes, 819, 845. Webber, Thompson R., appointment to committee, 65; biographical notice of, 981. West, Edward M., addresses, 827-828; amendments, 633, 771, 803, 805, 868; appointment to committees, 65, 159; biographical notice of, 981; remarks, III, 191, 214, 388, 619, 827; resolu- tions, 160. Whiteside, John D., amendments, 308, 644, 727, 798, 836, 869, 931; appoint- ment to committees, 66, 159; bio- graphical notice of, 981; remarks, 49; reports, 289; substitutes, 403. Whitney, Daniel H., addresses, 145- 147, 856-860; amendments, 170, 556, 870; appointment to committee, 159; biographical notice of, 981; remarks, 38, 60, 154, 159, 616, 790, 800, 856; substitutes, 864. Williams, Archibald, addresses, so1- 505, 882-883; amendments, 307, 308, 323; 360, 660, 868, 880; appointment to committees, 65, 514, 777; bio- graphical notice of, 981; remarks, 4, 7T> 195 525 555 57> 59, 635 95, 148, 315, 323 542, 643, 646, 650, 660, 732, 783, 880, 882-883; resolutions, 284; sub- stitutes, 819. Wilson, J. A., appointment to offices, 1, s; biographical notice of, 982. Witt, Franklin, amendments, 162, 456, 628, 728, 788; appointment to com- mittee, 65; biographical notice’ of, 982; substitutes, 778, 779. Woodson, David M., addresses, 92-94, 419-423, 424-425, 879-880; amend- Wes) NOH Ap Vite ; 1008 ILLINOIS: of AL C Woodson, David M. (cont.). ments, 196, 401, 404, 625, 636, 675; 814; appointment to committee, 66; biographical notice of, 982; remarks, 37-38; 50, 63, 64,92, 401; 547,677,705, | 879, 895; resolutions, 42, 43, 69, 71; | 485 a? ‘* II INDEX OF ARTICLES AND SECTIONS Article 1, boundaries, state. Article 2, distribution of powers of government, section 1, distribution of powers; section 2, no department to exercise powers of others. Article 3, the legislative department, section I, general assembly, legisla- tive power; section 2, general assem- bly, members, election of; section 3, general assembly, qualifications, rep- resentatives; section 4, general as- sembly, qualifications, senators; sec- tion 5, general assembly, senators, terms of; section 6, general assembly, members, number of; section 7, gen- eral assembly, members, disabilities of; section 8, general assembly, ap- portionment according to population; section 9, general assembly, senato- rial and representative districts, for- - mation; section 10, general assembly, senatorial and representative dis- tricts, excess population; section 11, general assembly, time of meeting; section 12, general assembly, officers of, quorum; section 13, general assembly, journal, yeas, nays; sec- tion 14, general assembly, right of protest; section 15, general assembly, general rules, punishment of mem- bers; section 16, general assembly, vacancies; section 17, general assem- bly, privileges; section 18, gen- eral assembly, punishment, power of; section 19, general assembly, ad- journment and open sessions; sec- tion 20, general assembly, laws, style of; section 21, general assembly, 1009 Article 3 (cont.) procedure on bills; section 22, general assembly, fees and salaries, restric- tions; section 23, general assembly, requirements for bills and acts; section 24, general assembly, mem- bers, compensation of; section 25, general assembly, members, pay; section 26, appropriations, for ex- penditures; section 27, impeachment, power of; section 28, impeachment, officers liable to judgment; section 29, general assembly, ineligibility; section 30, oath, officers; section 31, officers, disqualification by crime; section 32, general assembly, general laws on divorce; section 33, compen- sation, no extra; section 34, suits against state; section 35, lotteries, state banks or bank charters not authorized by general assembly; section 36, special legislation pro- hibiting sale of lands; section 37, ' appropriations, deficiency of; section 38, credit of state not to be given; section 39, contracts for supplies; section 40, apportionment of senators and representatives by district; sec- tion 41, canvass of votes for general assembly; proposed section, general assembly, prohibition of special privi- leges or exemptions. Article 4, the executive department, section I, executive power; section 2, governor, election; section 3, gover- nor, term of office; section 4, gover- nor, qualifications for; section 5, governor, residence and salary; sec- IOIO Article 4 (cont.) tion 6, governor, oath; section 7, governor, message to general assem- bly; section 8, pardon, power of; sec- tion 9, governor, power over other offices; section 10, general assembly, special sessions; section 11, gover- nor, army and navy, commander-in- chief; section 12, governor, power of appointment; section 13, governor, power to adjourn general assembly; “section 14, lieutenant governor, elec- tion, term, qualifications; section 15, lieutenant governor, rights of; section 16, speaker of the senate; section 17, lieutenant governor, compensation; section 18, lieutenant governor, suc- cession to; section 19, governor, suc- cession to; section 20, governor, vacancy; section 21, governor, veto power; section 22, secretary of state; section 23, auditor of public accounts; section 24, state treasurer; section 25, seal of state; section 26, impeach- ment, officers subject to; proposed section I, attorney general, proposed to abolish; officers, no life term; proposed section 3, Offices, one lucrative office at a time. Article 5, the judiciary department, section 1, courts, judicial power vested in; section 2, supreme court, members, quorum; section 3, supreme court, grand divisions; section 4, supreme court, judges, term of; sec- tion 5, supreme court, jurisdiction; section 6, supreme court, terms; section 7, circuit courts, judges and districts; section 8, circuit courts, terms and jurisdiction; section 9, supreme and circuit court, vacancies; section 10, judges, salaries and eligi- bility to other offices; section 11, judges, eligibility; section 12, judges, removal; section 13, judges, election, proposed section 2,- Article 6, election and A Article 5 (cont.) time of; section 14, si time of election; courts, judges; se courts, provided for. county courts, judges, electi term of; section 18, jurisdiction; section - constitution; peals from local courts; s officers, county, removal; process, form of; section 275 J of the peace; section 28, attorney; section 29, Ci supreme courts, clerks, term compensation; section 30, | court, grand division for elec judges; section 31, sup! em places of meeting; section 32 and writs of error; secti ¥ sion for alters cation for; section rage ballot; section 3, electo: section 4, electors, exemp tary duty; section residence not lost by ak dence; section 8, pare) cation, infamous crime; secti al elections, general, cher in INDEXES IOII Article 7 (cont.) counties striking off or adding terri- tory; section 5, county seats, re- moval; section 6, township organiza- tion; section 7, sheriff, term of; pro- posed section, county officers, coroner, surveyor, election of. Article 8, militia, section I, persons subject to service; section 2, exemp- tions; section 3, officers, election; section 4, officers, election of generals; section 5, commissioned by governor; section 6, privileges. Article 9, the revenue, section 1, taxa- tion, capitation tax; section 2, taxa- tion, uniform rule, special taxes; section 3, taxation, exemption; sec- tion 4, taxation, redemption from tax sales; section 6, taxation, powers of general assembly; proposed section, form of payment. Article 10, corporations, section 1, corporations, organization of by general law; section 2, corporations, dues; section 3, banks, no state banks; section 4, banks, liability of stockholders; section 5, banking cor- porations, referendum required; sec- tion 6, corporations; proposed sec- tion, acts of incorporation, amend- ment to or repeal of. Article 13 (cont.) section 2, sovereignty of the people; section 3, conscientious objectors, exempt from jury; section 4, office, no religious test for; section 5, elec- tions, free and equal; section 6, jury, trial by; section 7, searches and seizures; section 8, due process of law; section 9, accused persons, rights; section Io, grand jury; section 11, double jeopardy and eminent domain; section 12, justice free and prompt; section 13, habeas corpus; section 14, penalties proportional to offense; section I5, imprisonment for debt; section 16, slavery and involuntary servitude; section 17, ex post facto law, contracts, obligation of, and bills of attainder; section 18, banishment prohibited; section 19, government, principles; section 20, civil power, military subordination; section 21, assembly and petition, right; section 22, soldiers, quartering; section 23, press and speech, freedom; section 24, evidence, jury in libel suit; section 25, dueling, punishment; section 26, dueling, special oath concerning; proposed section, taxation. Schedule, section 1-26, section 6, county commissioners’ court; section 18, English language to be used; pro- posed section, seat of government, change of. Article 14, negroes, immigration and Article 11, commons, section 1, rights in common in certain lands. Article 12, amendments to the consti- tution, section 1, constitutional con- vention, how called; section 2, amendments to constitution. Article 13, liberty and free government, section 1, life, liberty and property; emancipation of in State; proposed section, restrictions in marriage and office. Article 15, state debt tax. . Accused person, rights (art. 13, sec. 9), 865, 944. Amendments to constitution (art. 12, sec. 2), 199, 200-201, 927, 928, 944. See constitutional convention. Appeals and writs of error (art. 5, sec. 32), 888, 890, 944. Appointments, see governor. Apportionment, see general assembly. Appropriations, deficiency (art. 3, sec. 37), 66, 71, 353, 728-729, 944; for expenditures (art. 3, sec. 26), 67, 308, 699, 944. Arbitration tribunal, 108. Assembly and petition, right of (art. 13, sec. 21), 871, 944. Attorney general, 793. Auditor of public accounts (art. 4, sec. 23), 190, 514-515, 741. Ballot, see suffrage. Banishment prohibited (art. 13, sec. 18), 870, 944- Banking laws, system of, 85-98, 101, 104, 109. Banks, banking corporations, referen- dum required (art. 10, sec. 5), 301, 313-314, 640, 648-657, 669-673, 675- 688, 695, 703, 729, 944; charters from general assembly (art. 3, sec. 35), 109, 721, 944; liability of stockholders (art. Io, sec. 4), 313-314, 641, 645, 688, 693, 9443 no state banks (art. 10, sec. 3), 69-70, 85-89, 101, 164-170, 251, 252-266, 267-283, 289, 291, 312, 314, 640, 645-648, 695, 703-719, 729, 734, 944; (proposed section) 251, 314, 614, 660, 668, 807, 872. III INDEX OF SUBJECTS Bills, see general assembly. Bills of attainder (art. 13, sec. 17), 867, 870, 944. Boundaries, state (art. 1), 837, 944. Canvass of votes for general assembly (art. 3, sec. 41), 878, 944. Capital punishment, 85, 111. Circuit courts, clerks: compensation, duties, terms of (art. 5, sec. 29), 83, 797-798, 944; election of (art. 5, sec. 21), 83, 806, 944; judges: district apportionment of (art. 5, sec. 7), 83, 499, 500-513, 800- 801, 944; time of election (art. 5, sec. 15), 804-805, 944; terms and jurisdiction (art. 5, sec. 8), 83, 801, 944; vacancies, 801-802, 944. Civil power, military subordination (art. 13, sec. 20), 871, 874, 944. Committee, of the whole: convention resolved into, 62, 251, 267, 276, 284, 291, 297, 302, 305, 307, 308, 315, 319, 334s 350, 356, 360, 375, 383, 391, 392, 395» 403» 424, 442, 448, 453, 458, 462, 469, 488, 490, 498, 514, 515, 5245 540, 551, 581, 613, 615, 625, 629, 632, 637, 640, 651; resolutions referred to, 50, 170, 267; on bill of rights, 65, 83, 84, 191, 201, 305, 485, 521, 688, 787, 942; on division of state into counties and organizations, 65, 111, I91, 284, 315, 469; on education, 65, 82, 171, 174, 238-250, 284, 289, 290, 305, 356, 3955 424, 457, 485, 498, 524, 615, 769, 898; on elections and right of suffrage, 65, 84, 105, 158, 170, 446, 787; on execu. 1013 1014 Committee (cont.) tive department, 65, 71, 111, 250; on finance, 43, 65, 70, 106, 170, 191, 4575 775, 884; on incorporations, 65, 69, 85, IOI, 109, 164, 251, 289, 291, 300, 301, 312-315; on judiciary, 65, 71, 82, 106, 108, 109, 159, 250, 315, 383, 424; on law reform, 65, 160, 195, 267, 289, 312, 446, 730, 890; on legislative business, 43, 65, 71, 83, 124, 162, 189, 195, 201, 284, 305; on militia and military affairs, 65, I91, 289; on miscellaneous subjects and questions, 65, 290, 628, 636, 638, 640, 730, 884; on organization of departments, and officers connected with executive department, 65, 84, 159, I90, 250, 305; on revenue, 65, 71, 83, 90, 186, 192, 250, 289, 340, 809; on revision and adjustment of the articles of the ‘constitution adopted by this conven- tion, and to provide for the alteration and amendment of the same, 65, 199, 515, 695, 742, 807, 836, 873, 878, 890, 927, 9315 939» 9425 9445; on rules, 7; special and select: on agriculture, other resources and internal improve- ments, 196, 800, 939; on commons, 340, 809; on judiciary, 513, 673; on schedule, 774, 926, 939; on senatorial and representative districts, 159, 722, 812, 874, 879; on townships, 43, I91, 395; to compare printed copy of con- stitution with enrolled one, 945; to divide the state into grand divisions, 768-769, 887; to prepare address to people, 775, 941; to procure trans- lations of constitution resolutions, 889. Commons, rights in common in certain lands (art. 11), 201, 809, 944. Compensation, no extra (art. 3, sec. 33), 67, 310, 720, 944. Constitution, copies for distribution, 775; delivery to secretary of state, 942; signing of, 945; submission of, ‘Constitutional convention, Constitution een ho 43, 839, 841, 9395 vo of, 944. Conscientious ahjeciees jury (art. 13, sec. 3), 2 944. ° > , : Constable, see county officers. ~ 12, sec. 1), 927, 928, 944. Contracts for supplies (art. 3 190, 356-359; 732s 9445 © (art. 13, sec. 17), 944. ail Benes 3 pated 345, aie 701; thanks, 388, 943; committees: appointment 65, 159, 191, 196, 340, 513), 777; requests to withdraw | 238, 247, 926; resolutions 445 46; vacancy in, 926; « 46-47; hall, use of, 298, 323, 896; journal, 160, 487, 942; members: compensation o 199, 298, 301; leave of < pow 288, 289, 298, 299, 350, 38 551, 581, 628, 698, 707, ’ personal privileges, 338; 190, 301, §21-522; officers: address of pre: tem, 4-5; assistant sec 160, 942; election of, pro tem, 23; number and compe! 4) 9-21, 23-41; secretary, 5; organization, oath of powers and duties: debate, 25-41, action, . adjournment, 628-629, assembly, 1; order of | 23s 37, 4355» 65> 67; 69, ' points of order, 75, 174) 705, 706, 707, 708, 729, ” - Convention business (cont.) requests for information, 43, 44; sessions, 42, 43, 3025 records: absentees, 636; newspaper reporters, 8; publication of debates, 71-81, 153, 160-161; resolution, 46; rules: amendment of, 43, 50-55, 340-345; committee on, 7, 21; limita- tion on speeches, 628, 629; new rules proposed, 48, 50, 201, 340, 395, 8973 printing of, 65; quorum, 43, 383, 387. See amendments to constitution. Corporations, dues (art. 10, sec. 2), 312, 640, 644, 695, 944; for encourage- ment of internal improvements (art. To, sec. 6), 641, 944; organization by general law (art. 10, sec. 1), 300, 312, 314, 640, 641-644, 695, 944. Council of revision, 7o. Counties, division (art. 7, sec. 2), 824- 833, 944; formation of new (art. 7, sec. 1), 48, 111-124, 821, 824, 897, 944; government for unorganized (art. 7, sec. 3), 834-835, 944; county seats, removal of (art. 7, sec. 5), 836, 944, striking off or adding territory (art. 7, sec. 4), 835-836, 944. County courts, provided for, (art. 5, sec. 16), 45, 767-768, 770, 9445 judges: compensation of (art. 5, sec. 20), 785, 944; election and terms of (art. 5, S€c. 17), 77°, 7715 9443 jurisdiction of (art. 5, sec. 18), 771, 772, 9443 personnel (art. 5, sec. 19), 50, 778- 7855 944. County commissioners court (schedule, sec. 6), 106-107. County officers, coroner, surveyor, etc., election of (art. 5), 806; recorder, 109, removal of (art. 5, sec. 25), 804, 806, 944- Courts, appeals and writs of error (art. 5, sec. 32), 888, 890, 944; appeals from local courts (art. 5, sec. 24), 794, 798, 944; judicial officers, commis- INDEXES 3 IoIs Courts (cont.) : sions (art. 5, sec. 22), 798, 944; judicial power vested in (art. 5, sec. 1), 448, 449-453, 760, 944; of equity, testimony in, 85. See county courts, county commissioners court, supreme court. Credit of state, not to be given (art. 3, sec. 38), 83, 729, 944. Debt, state, see appropriations and state debt tax. Distribution of powers (art. 2, sec. 1), 55, 62-64, 837, 838, 944; no depart- ment to exercise power of others (art. 2, sec. 2), §5, 836, 837, 944. Double jeopardy, eminent domain (art. 13, sec. 11), 866, 944. Due process of law (art. 13, sec. 8), 84, 732, 865, 944. Dueling, punishment (art. 13, sec. 25), 191, 869, 871, 944; special oath con- cerning (art. 13, sec. 26), 872, 944. Elections, general, change in time of (art. 5, sec. 9), 46, 612, 944. Electors, privileges (art. 6, sec. 3), 609, 612, 944; exempt from militia duty (art. 6, sec. 4), 609, 612, 944. Eminent domain, see double jeopardy. English language to be used (schedule, sec. 18), 890, 944. Evidence, in chancery suits, 890, 896; jury in libel suit (art. 13, sec. 24), 873, 944- Executive power (art. 4, sec. 1), 45, 360, 734s 944- Ex post facto laws (art. 13, sec. 17), 867, 870, 944- Freedom, see conscientious objectors. General assembly, adjournment, (art. 3, sec. 19), 304, 698, 944; apportion- ment according to population (art. 3, sec. 8), 334-335, 944; fees and sala- 1016 General assembly (cont.) ries, restrictions (art. 3,sec. 22), 304, 698; 944; general laws and divorce (art. 3, sec. 32), 108, 720, 944; gen- eral rules, punishment of members (art. 3, sec. 15), 304, 697, 944; ineligi- bility (art. 3, sec. 29), 309, 719, 9445 journal, yeas, nays (art. 3, sec. 13), 303, 697, 944; legislative pawer (art. 3, sec. 1), 44, 66, 195, 284, 695, 944; members: apportionment by dis- tricts (art. 3, sec. 40), 874-875, 879- 884, 944; compensation of (art. 3, sec. 24), 44, 45, 76, 84, 124, 306-308, 699, 944; disabilities of (art. 3, sec. 7), 83, 308, 700-702, 944; election of (art. 3, sec. 2), 45, 285-288, 291-292, 695, 944; number of (art. 3, sec. 6), 71, 124-152, 153-158, 293-298, 302-303, 696, 944; pay (art. 3, sec. 25), 308, 699, 944; privileges of (art. 3, sec. 17), 304, 6945 9445 officers of, quorum (art. 3, sec. 12), 303, 697, 944; open sessions, (art.3, sec. 19), 304, 698, 944; procedure on bills (art. 3, sec. 21), 195, 304, 698, 944; prohibition of special privileges or exemptions (proposed section), 311, 315-333, 359-360, 725; punish- ment, power of (art. 3, sec. 18), 304, 698, 944; qualifications: representatives (art. 3, sec. 3), 292, 695, 944; senators (art. 3, Sec. 4), 292, 696, 9445 requirements for bills and acts (art. 3, sec. 23), 305, 698, 944; right of protest (art. 3, sec. 14), 304, 697, 944; senatorial and representative dis- tricts: excess population (art. 3, sec. 10), 124, 153-157, 158, 335, 336-3375 350-353, 727, 944; formation (art. 3, sec. 9), 48, 124, 335, 726, 9445 senators, terms of (art. 3, sec. 5), 45, 292, 696, 944; special sessions (art. 4, SEC. 10), 393-403, 737, 944; time of meeting (art. 3, sec. II), 71, 84, 124, ILLINOIS ia COI af T. - Impeachment, officers liab 303; 697, 9443 vac 16), 304, 697,944. Government, a 2 | 18), 871,944. in-chief (art. 4, sec. 11), 4 07 election (art. 4, sec. 2) 360, filling vacancy (art. 4, sec. 944; messages to g (art. 4, sec. 7), 736, 9. sec. 6), 736, 9443 Po general assembly 944; power of appo: tment | _ Sec. 12), 837, 9445 ‘power over officers (art. 4, sec. 9) 737 qualifications for (art. 4 4, 3755 a 9445 Fem le 944- Habeas corpus lat 3p Ses 867, 944. Homestead and exempt ment (art. 3, sec. 2 _ officers subject to (art. 944; power of (art. 3 se 702, 944. Imprisonment for debt (ie 867, 944. A Indebtedness, see state del Indictment, see grand jury. Internal inprove t= se (art. Io, sec. ma sec. 11), 803, uy 94 5, SEC. 12), 806, 807, 944 eligibility to other offices (art. 5, sec. 10), 71, 83, 802, 803, 944. See supreme court. Jurisdiction, see courts. Jury, trial by (art. 13, sec. 6), 864, 944. Justice, free and prompt (art. 13, sec. 12), 866, 944. Justices of the peace (art. 5, sec. 27), 785-786, 787-793) 944. Laws, codification and publication, 890- 896; style (art. 3, sec. 20), 306, 699, 944. See general assembly, special legislation. Legislative power (art. 3, sec. 1), 44, 66, 195, 284, 695, 944. Legislature, see general assembly. Lieutenant governor, compensation (art. 4, sec. 17), 738, 944; election, term, qualifications (art. 4, sec. 14), 403, 737, 944; rights of (art. 4, sec. 15), 403, 737) 9443; succession to (art. 4, sec. 18), 404, 738, 944. Life, liberty and property (art. 13, sec. 1), 83, 846, 944. Lotteries, authorized by general assem- bly (art. 3, sec. 35), 109, 721, 944. Lucrative office, see offices. Message, see governor. Mileage, see general assembly, members: compensation of. Military, see civil power. Militia, exemptions (art. 8, sec. 2), 191, 324, 613, 944; persons subject to service (art. 8, sec. 1), 324, 613, 9443 privileges (art. 8, sec. 6), 324, 613,944. officers: commissioned by governor (art. 8, sec. 5), 613, 944; election (art. 8, sec. 3), 613, 944; election of gener- als (art. 8, sec. 4), 324, 613, 944. Navy, see militia. Negroes, immigration and emancipation of in state (art. 14), 47, 201-228, 855— INDEXES 1017 Negroes (cont.) 863, 873, 944; restrictions in marriage (proposed sections), 180, 871, 873. Oath, officers (art. 3, sec. 30), 310, 729, 944. Officers, county, removal of (art. 5, sec. 25), 804-806, 944; disqualification by crime (art. 3, sec. 31); 720, 944; elec- tion of not provided in constitution ' (art. 5, sec. 23), 804, 805, 944; no life term (proposed section), 251. Offices, one lucrative office at a time (proposed section), 201; qualifica- tions (art. 6, sec. 7), 836, 944. Pardon, power of (art. 4, sec. 8), 71 391-393, 736, 944- Penalties, proportioned to offense (art. 13, sec. 14), 867, 944. Poll tax, see capitation. Preamble, 837. Press and speech, freedom of (art. 13, sec. 23), 389, 872, 944. Primogeniture, law prohibiting (pro- posed section), 890. Probate justice, (proposed section), 109. Process, form of (art. 5, sec. 26), 798, 944. Protest, see general assembly. Revenue, see taxation. Salaries and fees, see compensation. Sale of lands, see special legislation. Schedule (sec. 1-26), 944. School fund, 170-185, 191, 289, 809, 898, 899, 925. Seal of state (art. 4, sec. 25), 741, 944. Search and seizure (art. 13, sec. 7), 864, 944. Seat of government, change of (schedule proposed section), 290. Secretary of state (art. 4, sec. 22), 442- 4445 739-7413 944. Sheriff, term of (art. 7, sec. 7), 71, 106, 250, 805-806, 944. 1018 Slavery and involuntary servitude (art. 13, sec. 16), 83, 867, 944. Soldiers, quartering. (art. 13, sec. 22), 872, 944. Sovereignty of the people (art. 13, sec. 2), 846-853, 871, 944. Speaker of the senate (art. 4, sec. 16), 7385 944- Special legislation, prohibiting sale of lands (art. 3, sec. 36), 310, 721, 944. Speech, freedom, see press. State’s attorney (art. 5, sec. 28), 190, 793-797» 944- State debt tax (art. 15), 48-50, 305, 457, 885, 928,929, 931-939, 944. See appropriations and debt. State treasurer (art. 4, sec. 24), 190, 514, 515, 741, 944. Suffrage, disqualifications (art. 6, sec. 8), 609, 612, 944; qualifications (art. 6, sec. I), 47, 105-106, 170, 515-518, 524-608, 611, 944; residence not lost by absence from United States on business of the state (art. 6, sec. 5), 609, 612, 944; residence of soldiers, seamen and marines (art. 6, sec. 6), 609, 612, 944. Suits against state (art. 3, sec. 34), 310, 720, 944. Superintendent of public instruction (common schools), 48, 899, 900-925, Supreme court, appeals and writs of error (art. 5, sec. 32), 888, 890, 944; clerks: election of (art. 5, sec. 21), 83, 806, 809, 944; terms, duties, com- pensation of (art. 5, sec. 29), 83, 7973 798, 9445 judges: grand divisions for election of, provided for (art. 5, sec. 3), 82, ILLINOIS HISTORICAL COLLECTIONS Supreme Court (cont.) 456-484, 488, 743-759, 762-765, 887, ~ provision for altering (art. 5, sec. 33), 889, 890, 944; named (art. 5, sec. 30), 887-890, 944; terms of (art. 5, sec. 4), 82, 488, 489, 765. jurisdiction (art. 5, sec. 5), 82, 454, 765, 944; members, quorum (art. 5, sec. 2), 82, 454-456, 761, 944; number of cases tried, number of pending, 106, 110; places of meeting (art. 5, sec. 31), 88%, 890, 944; salaries and eligibility to other offices (art. 5, sec. 10), 71, 83, 802,803; terms (art. 5, sec. 6), 489-499, 767, 799, 9443 time of elec- tion (art. 5, sec. 14), 804, 805, 944; . vacancies (art. 5, sec. 9), 801, 802. Taxation, capitation tax (art. 9, sec. 1), 45-71, 90-100, 611, 615-626, 809, 815-817, 944; corporate taxes (art. 9, sec. 5), 638, 820, 944; exemptions (art. 9, sec. 3), 633, 637, 816, 9445 (proposed section), 201; form of pay- ment (proposed section), 635; powers of general assembly (art. 9, sec. 6), 638, 820, 944; redemption from tax sales (art. 9, sec. 4), 634, 819, 9445 uniform rule, special taxes (art. 9, sec. 2), 70, 92, 106, I91, 192-195, 250, 627, 629-632, 814, 816, 871, 944. Township organization (art. 7, sec. 6), 845, 944. Veto power (art. 4, sec. 21), 83, 404-442, 739 944- Voting by ballot (art. 6, sec. 2), 48, 84, 608, 612, 944. ot) Cried avel Pubtiehet by | ee of the Sangne Jomemal, | ally Pott, | Boweding Mews n a! Montgomer: cans | Mra, " Massac i i Stee ets Mrs, Fo Mra, City Hotel American Mrs, Walter's Dychus’ Dawson's | Muddy Lane Union Grove Harrisonville ww “ee ‘eheepesseseemsusssseerupegauavets oo BERBSSES SERB nz a of. 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