OCR Interpretation

Chicago daily tribune. [volume] (Chicago, Ill.) 1860-1864, May 12, 1862, Image 5

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MONDAY. MAY 12. 18©.
SUPPLEMENT.
<HKMO FtLltt BOARD.
THE THIRTY-FOURTH SECTION
OF THE SCHEDULE.
“City of Chicago Electing its
Officers.”
legal Opinions ef Messrs. Beckwith, Fuller,
lamed and Scales.
The Vote Hell end of So Account
' The following arc the legal opinions of C.
Beckwith, Sam. TT. Fuller, E. C. Lamed, and
Walter B. Scales, on the o4th section of the
the proposed Constitution, which
provider for the abolition of the Board of
■' Police Commissioners in the city of Chicago,
and vesting the power of appointing police
men in the Mayor, under the specious pretext
of conferring on the people of Chicago the
right to elect their own officers. It will be
seen that in flic opinion of those legal gentle
men, the vote ot lApril 21st is null and of no
account, and tliat a law of the Slate, regularly
passed by the Legislature and approved by
the Governor, cannot be annulled by any such
process as that provided in the S4lh section of
the Schedule of a Constitution which Itself
has not been adopted by the people.
OPINION OF C. BECKWITH, ESQ.
Chicago. March 28, 1863.
A. C. COVENTRY, B*q., Proddeni of the Board
<f Poticr of the City of Chicago:
Beau Sir ; I have received your letter of
the 25th inst., calling my attention to the
thirty-fourth section of the schedule of the
constitution, adopted by the convention iatelr
held at Springfield, in this State, and request
ing my opinion as to the power of that body
to repeal certain laws specified in such sec
tion, m the manner therein mentioned.
The Ist section of the 12th art. of the present
constitution of the State, which bng been in
force since April 1, 184S, provides that
“ whenever two-thirds of ail the members
elected to each branch of the general assem
bly shall think it necessary to alter or amend
this constitution- they shall recommend to
the electors, at tie next election of members
of the general assembly, to vote for or against
a convention; and if It shall appear that a
of all the electors of the State voting
(Tfor representatives have voted for a conven
” TioUj the general assembly shall at their next
session call a convention to consist oi as mu-
nv members as tbe house of representatives
at the time of making said call, to be chosen
in the same manner, at the same place, and
l-\ the same electors in the same districts that
choose the members of the house of repre
sentatives, and which convention shall meet
within three months after the said election,
for the purpose of revising, altering or
amending this constitution. 5 ’
The general assembly of the State, by a joint
resolution, adopted Feb. , 1859, recom
mended to tbe electors, at the next election
of members ot ibe general assembly, to vote
for or ai-alnst a convention, and & majority of
such electors having voted in favor of it,
the Lcgblaiure, by an act, approved January
31, called a convention to alter or amend
the constitution, to meet at Springfield, on
the first Tuesday of January, 1802. The act
provided that the number of'dclegates should
be the same os the number of the members of
the House of Representatives, and that they
tliauld be cl-0.-cn on the Tuesday next after
the m>t Mi.cday of November, ISCI, in the
s&iuc manner, at the same place, and by the
taiue electors in the same districts that chose
th' 1 ir.i inbirs of the House of Represetativcs.
The act further provides, that the amend
ment, revisions or alterations of the consti-
tution agreed to by the convention, shall be
submitted by it to the people for their adop
tion or rejection, at an election to be called
by the convention. Provision is made
for bolding such election, and for ascer
taining the result. If a majority of the votes
?iven at such election are in favor of accept
ing the alterations or amendments, or any
tL*-reef, they arc to become the supreme
Stale; but if a majority *ol the
Totes given at such election are against the
amendments or alterations, or any part there
of, then the same are to be null and roid.
The schedule of the proposed constitution
provides, that it shall be submitted to the
people for their adoption or rejection, at an
election to be held on the Tuesday next after
ll.e third Monday of June, 1662, and the
manner in whi#h the result of such election
shall be ascertained.
It aleo provides, that if a majority of the
voles pulled are for the adoption of the pro
poposed constitution, it ehall become the
eopreme law ot the State, from and after Sep
tember 1,1562; but if a majority of the votes
polled arc given against the proposed consti
tution, the tame tcall be mm and void.
The fremers of the proposed constitution
bare provided that the thirty-fourth section
ol the schedule shall, upon a certain contin
£<®cy, iro Into operation on the third Tuesday I
of April, ISCC, without its being previously
tubiuiiu d to the people of the State tor their
adoption or rejection. The section provides;
“ That, at ILe next municipal election, to be
held in the city of Chicago, on the third Tu.es
daj ot April. 1862, the Kgal voters of said city
shell caiis-e to be printed or ■written upon all
their ballots the following words : ‘For the
city of Chicago electing its own officersor
the words: 4 Against tire city of Chicago elect
ing its own officers/ which shall be canvassed
and returned with the election returns of the
ballots, a> is now provided by law. And, in
case then shall be a insjority of the legal vot
ers, Volin:: at said election, in favor of the
people of said city electing their own officers,
as indicated by said above mentioned words,
then it shall not be lawful for any officers of
that city to be chosen in any other manner
than by a vote of the people of said city, or
appointed in any other manner than by the
mayor and aldermen, as provided by present
laws ; and the act approved Februaty 3,1861,
entitled ‘An act regulating the custody and sale
of personal property under legal process, in
the city of Chicago, and the towns ol South
Chicago, "West Cnicago and Korth Chicago,
in Cook Countyalso, ‘ An act to establish a
board of police in and for the city of Chicago,
and to prescribe their powers and duties/ ap
— proved February 21, ISO I; and also so much
ol an act approved February 18, 1861. as is
embraced In section sixty-six and one-htif
of an act to amend the city charter of
Chicago, and creating three comtnistdoneic to
examine Into the finances of said city, be, and
the same are each and all of them herebv re
pealed: and the powers and duties of all'offi
cers appointed under and by virtue of said
acts shall immediately cease. And hereafter,
neither the governor nor general assembly
shall appoint any person to any office for said
city oi Chicago; but all officers shall
be elected by the people of said city, or ap
pointed by the major and aldermen, as provi
ded by pn-sent laws, or by such general laws
as nmi Lireafter be passed by the general as-
Ei-iubly under the constitution.
The’ question presented for my considera
tion, as win be seen, Is whether the conven
tion hid power to paas and repeal laws In a
manner not provided for by the act under
which I*s fleh-udet were elected, bat in such
manner as that body, in Its own judgment,
thought proper. The convention set at •defi
ant c the provisions of the act of the legists
lure, und ii ‘he power asserted, can be sustain
td, it had 'he power to pass and repeal law*
in jte discretion, and was subject to no rc
fci.ruiol whatever, other than what its
cm voluntarily imposed upon them
selves. S'ateemen, jurists and historians have
hitherto pointed to the States of this Union
with pride, as governments in which tae leg
islative i»ower was not absolute,but restrained
h\ writtun conatuutlons. It has not been
Eupi<>st-d ;Uut our institutions and our
righte and liberties could be ploeed absolutely
in hh- power of a oody of men wno were sub
ject to no restraint whatever, ereept such as
blt-ir own judgment might dictate to them.
Acct-rmug to the theory of our government,
all iioliccui power is primarily rested In the
tm opic, ana from them ail political power is
ctnvea. The political power of the people
If primarily vested iu them as an aggregate ■
couiinuiii'y, ana It is frequently described as 1
a Sovereign power—not for the purpose of as- i
Et-r ing tnai it has any of the peculiar attri
bute* ol power Tested in sovereigns, but to
express the idea that It includes ail political
power vested in the supreme authority ot a
community. Although ail political power Is
Tt sted in the people, they cannot exorcise It
dire ci ij »s an aggregate-comm unity, either la
masses or ptr capita : U can only be directly
ext-rciSfd by representatives of the people.
Tbe |K*!tto«i ol polhltsd power rested in
each individual of a community is tbe
right to ime a voice in the election
ot representatives; and the direct aggregate
power \ f the whole community, is made up of
tie individual powers of its members. Thedi
r» cl cxi-tcu-e of the aggregate power of the
p» oj•!♦*» fUtliag-, and by its exercUe their
jkjw- community, is. t>> a Ccrtdn ex eat,
and uncer certain restrictions, delegated to
li tit redrew mauve*-. Th? people, a* a com
munity. do not delegate to their rcprebeu>*-
ti«« s abroime power, but only such powers as
are tjpc«-ww*»y or expedient for them to have
Jor cvi ni-i purpowsa. la the absence of auy
c.-rgant2*d a*-vcrnm«*nt, and of any constitu
ted «u having power lo organize one,
li-v |ie“i'l»* m-«j legitimately Inaritute an ia
ccpttv. <-r£»>nvr6t on for tbe purpose of briog
h togetLei iu representative* to form a gov
ern u-mi.
F«*r 1 !*c purpose of presenting my views of
the ouotp-u, mentioned in your ie’tsr, it !B
l»oi t to mention the pretimmiry
;i’t pe i* quMt-- to the establishment of a new
pivt-n iur. t. wiien a government is right
iu;iv « «w-iiei.-cd, iho sovereign power of ite
p<opl< lo «e.,n.iiu extent, and under curtain
natncMoi f*, delegated to, and placed lo the
batj.d* oi i\* representatives, constitullDgthat
po'L-n ai'-ut, comtnouly called the State The
form o! thr- pt.Ti-.rc.roeut, and the powers -*md
du.iet of , hoi>e «dialola*eriogit, are, in tsu»
Slate, tu oMitr States lu the Union, pre
scribed i»i>d limit* d bvjt written constitution.
Ko f*o» tr wm.t«v«r la delegated by the people
t*‘ an> one, except U> i’« representative* w&o
aOD.n.i'i*-' t««--government; aal go power is
dejega* ed *' S■» to them to do any act contrary
to the writu-" com»l:lu!iou prescriolag t-jeir
pfi«eis*ud duties. Tha», wniie oar govern
iiieiit i- ‘•n- of toe people, it Isoaeturiuga
pres- rif-cc f rn, and is to b= adminitaereci by
{*» litficiMie representatives, and none
inae. wrda jcc with such form and in
no other manner.
Tbt Mf the govermneat are divided
Into nr»e distinct department?, ami e*cho£
tlicm 1* i*onfidrd to ft separate body o'
magi *••****» to «it; Those which.are legU-
Ifttive to one; those Which are executive to
mothvx, . ai>d .those which are.Judicial to
■ -*vr. All sets of tittysr. of "these
departments, within the sphere of its powers,
arc acts of thupt-op3c,and all r Pd3Sns excr
chiße any power in, under, or through them,
eimply administer or execute the power ofthe
people, Legislation Is required : to be
In the name of the people; executive
acts and duties are required to be
in their name, and the judicial power is
to be asserted in the sime manner. The legis
lative power of the people is ordinarily rested
in a senate, and bouse of representatives, to
be chosen in accordance with some organic or
other law, prescribing the number of repre
sects tires m each body, the time and manner
in which they arc to be elected, aid the - quali
fications of the electors aa well as the elected.
The manner in which the legislative power of
the people shall be eccrdsed is also prescribed
by a written constitution.. -
la this JSflte, the legislative -powernnd au
thority of the people & vested solely and al
lusively in a general assembly, *v>n«dgtmiy of
a senate and house of representatives, to be
eketed by ihe ’people. The manner in which
laws are tb be enac ted is specifically pre
scribed, and it is declared thit no bill snail
be< ome a law until the requirements of the
constitution arc compiled with. The repre
sentatives of the people, in whom legislative
power is vested, are restrained In its exercise
in certain cases, and absolutely prohibited
from exercising it in others; but where there
is no restraint and no prohibition, the entire
legislative power of the people is vested in
the generalassembly. The people, iu their
primary capacity, have no power to pass a
Jaw; they nave Voluntarily surrendered that
power. The general assembly has no power
10 authorize the people in their primary ca
pacity to pass laws. No law can be passed
except by those representatives of the people in
whom the legislative power is solely and ex
clusively vested, nor in any manner except
the and prescribed by the constitution.
The executive power of the people in this
State is vested in a governor, to be elected in
the manner prescribed by the constitution,
and whose powers and duties are defined and
limited by it- Until the constitution is chang
ed, in pursuance of, and in conformity ‘to,
some law t the executive power ofthe people
will remain in Us representative, in whom it
is solely and exclusively vested. Until that
time, he must be elected In the manner pre
scribed by the constitution, and his powers
and duties Will remain WTVTlfpred Tinirhfl.njT
cd. Until that time, no executive power of
the people can be exercised by any person
other than their representative, the governor,
in whom such power Is solely and exclusively
vested. Among the dutiesdmposed upon the
executive officer of tic people, is that of
examining all bDls passed by the Sen
ate and house of representatives, and
either approving the same, or returning
them to the house in which they origi
nated, with his objections thereto in writing.
This provision of the constitution was de
signed to prevent hasty and. improvident
legislation, and so long aa the constitution
remains in farce, no bill or ordinance can be
come a law, without it is first submitted to
tbe governor, for his approval or disapproval,
by the legislative power, as the constitution
requires. The paramount law of tbe land,
overridlrgand annulling all acts of represen
tatives of the people, m conflict with it, no
matter for what purpose they were elected,
declares that so long as the present constitu
tion remains in force, no act of legislative
power shall be exercised by any one, except
by the rcpresntatlves of the people in the
general assembly , and by them only mthc man-
ner prescribed by the provisions of the con-
stitution.
The judicial power of the people in this
State, Is vested in courts of justice, consist
ing of a certain number of judges. Until
the present constitution is changed, in pur
suance of, and in conformity to some law, no
person can exert the judicial powers of the
people, who are not judges of the
courts, lu whom such power is exclu
sively Nested. The convention has no
more authority to usurp the legislative
and executive powers of the people, than it
has their judicial powers. If It can usurp one
of them, it can the others. The power claim
ed by the convention is one which would ena-
ble it to destroy all constitutional govern
ment. These considerations lead to an exam-
ination ofthe manner in which apeonlemay
rightfully change their form of government, or
alter or amend their constitution.
It is evident, from what I have already said,
that the people may and do limit the powers
delegated and conferred upon their represent
atives, and I think it is equally evident, that
they may and do limit their own powers. By
all their constitutions they limit themselves
in many important respects. It*is only neces
sary to mention some instances in which bind-
mg limitations arc made. In every State the
pc'.pie have surrendered the right of voting
for every one they might choose to vote forj
and Lave limited their right of choosing,
so as to be obliged to select persons having
such and such qualifications. They have dis
qualified themselves from voting unless they
have such and such qualifications. They have
also limited themselves to certain prescribed
forms lor the conduct of elections; they
mui-t vote at a peculiar time, at a particular
place, and under particular conditions, or u--t
ut all. They also place an Implied limitation
upon their powers in regard to changes in the
form of their government, and in regard to
alterations and" amendments of their consti
tution, where the constitution itself makes
no provision for such changes, alterations or
amendments. In such cases, no change, al
teration or amendment can be made by the
people, until the law-making power, by an act
of legislation, provides a mode in which they
may be made. In such cases, the power of
amendment is absolutely surrendered until
the law-making power calls it forth; and it
can only be exerted in pursuance of, and in
conformity to legislative authority, prescrib
ing the mode and manner in which the power
shall be cxerciscd-
In the old thirteen States, the consti
tutions first adopted by them, with but
one exception, I believe, contained no
provision for tbeir own amendment; and still,
1 believe all of them have been amended in
pursuance of laws passed by the legislative
power. Such laws have uniformly prescribed
the mode in which amendments might be
made, and the requirements of such laws have
been considered binding upon those who de
rhed their authority underthem. Whenever,
in the course of events, it is supposed to be
expedient to ascertain the will of the people
on a new exigency, or on a new state of things,
or of opinion, and there is no constitutional
provision on the subject, the legislative power
nmst be and is the sole judge of each expedi
ency ; and if it judges such ascertainment of
the will of the people to be expedient, it
roust provide by law, the mode and manner
in which the will of the people shall be ascer
tained.
Since the decisions in regard to the famous
Dorr rebellion in Khode Island, it has been
settled that the people cannot change their
form ot government, except under, and In
1 pursuance of the provisions of some law, or
jy revolution. The people of this State nave
surrendered the right to change their funda
mental law, until two-thirds or all the mem
bers of each branch ol the general assembly
shell think it necessary that it should be
done; and they have restrained the legislative
power frompasshm any law providing for an eh
a change until that time arrives. When
there ie no constitutional provision upon, the
subject, a duty is imposed upontbe legislative
power to provide by law for a change of the
fundamental law, whenever, in the opinion of
a majority of Its members, it is necessary that
each a change should be made. In this State
the duty ia not imposed, until two-thirds of
the members are ot that opinion; but when
ever the time arrives, the nature of the duty
is the same in the one case as in the other.
Where there is no constitutional provision,
the hgblaUve power may prescribe such
lime, manner and condition, as it may think
proper, in regard to making the change. In
this State, the constitut on has expressed a
particular manner is which the legislative
power thall perform some of its du'lue,and
thereby restrained it from performing them,
in theec particular?, in any other m mner.
There is a wide dlffircnce between the leg
islature 1 c exceeding its authority, and a neg
lect to perform its duties. In the former case,
the Isw is void; while in the latter, no
right or authority is* derived, however clear and
unquestioned the duty may be which snoold
haw been discharged. All constitutions im
pose certain duties upon those who represent
the people in the several departments of the
government- The representatives in the leg
islative department, to whom all legislative
power 5s vested, are required to pass certain
laws. The executive Is required to do certain
sets, and the judicial officers arc required to
do other acta. To secure the performance
of these several duties, the people have
required 01 all their representatives to lake
an oath, -by which they solemnly oblige them
stives to discharge the duties Imposed upon
them. But while the highest moral obliga
tion is imposed upon such representatives to
perform their dalles, it Is well settled that it
re?ts folely upon theire-coasclences. •It is
wt-n understood, that constitntl«nal provis
ions requiring the legislative power to pass
laws, have no operation as laws. The legis
lative power may be required to the moetim
ptmive manner to pass a law, but Ifit neg
lects its duty to this regard; the rule which it
should prescribe as a tow ram never become
one.
The people of the State cannot legally vote
for tir against & convention, wp hont a law an
ihorir'o'g them so to do. When such a law
is the people must vote in conformity
to tie provisions. They have no power in re
carfl to toting for or against a convention, be
yond the powers conferred by the law, and
such powers must be exercised in the manner
which it prebcxihi s. Thu constitution directs
the legislative power to pass a law calling a
convention, il It shall appear that a majority
of all the electors of the Slate voting tor re-.
bare voted forlt; bntiftheleg
slative power neglects to perform Us duty
in this regard, so delegates can be elected,
aodsoco can be hrld.
The law which the I-gislatnre iSTequired to
pass, is the only authority under which dele
gatee can be elected. It 1* the only authority
under which they can assemble. After the
coiiTfcutlOQ is assembled. It la a body whose
powers »re conf. md npoa it by the law call
ing It into existence, and its duties are defined
b> the same authority.
The convention ts authorized to revise,
alter or amordtbe constitution; bat in. what
maan» risitto be done? la it to be done in
accordance with the law, or In violation of It?
The law is an ret of the people. In their eor
< n;-gn capacity, prescribing the dalles and
limiting the powera of it* representatives,
chosen fora particular purpose, and la -valid,
urleeb it contravenes tome coasii' ntiocal pro
vision. It U sud that the l»w making power
did m*t confer upon the convention •« much
authority aait was ent«tl d to exercls \ ani,
therefore, it. fi: claimed to have the ristit to
nteumebuch tddiriocAi authority as ought to
have bei n «*Oi*fem*d upon it. Bat it U well
tetlleri, that if the legislative power only per
■orms its doty in part, the law which U each
part p-.riormance, Is the limit of the power of
those acting under It, and the doty which re
mains u' performed confers no power or au
thority upon those acting under the l*w.
< A more plaueiole armament In favor of the
,asfum>d p»«vrs of the convention, is, that
"hen it had assembled, it had full power to al-
T cr, revise, or amend ineconslVution in such
mannt-r as It. ehnhld think proper, under and
bv virtue of the provisions of the presentcon-
Eiitnrioa ; bu f a cartf il examination of its pro
rtvi««B.wlU ahow that It oenfers bowowsw
• whatever,
■They are all of them in of the tics r
rie« oi pa«CT irtilch were ymun. la the tog
lauture, and no or as those restraints do- not
operate, the power of the legislature is left un
touched, and in full force. The legislature had
ample power, without the provision of the
constitution, to-call-a convention for thgpur
poeo of revising, altering or amefldiqg that.in-
Btroracnt It had power to* ihike' the
call at such time, lu such manner, and
under ’such conditions' as It-' should
judge- expedient. It bad also faff power to
prescribe the powers and dutids ofthe con
vention. The constitution' however, pro
vides that the legislature ehill not mike
such a call, until two-thirds of each branch
think it necessary, nor until it shall have re
commended to the electors at the next elec
tion of the general assembly, to vote for or
against a convention, noruntU it shall appear
that a majority of all the electors of theVitatc
voting for representatives, have voted for it.
When these requirements are complied with,
then the legislature may exercise Its inher
ent power of calling a convention,, but not
until then. So, as to the provisions of the
constitution In regard to the manner' In which
the call shall be made.
Unrestrained by those provisions, the leg
ißlatureJcould have called the convention at
such time as it pleased; have had it consist
of as many members aa was thought expedi
ent; have had them chosen at such time, in
such manner, by such persons, and in Buch
districts as it might have prescribed. The
only effect of the constitution was to restrain
the legislature from making a call at any ses
sion except at its next session; to restrain it
from fixing the number of delegates at a
greeter or smaller number than the number
of representatives at the time of making the
call, and to restrain It from prescribing any
manner, place, electors or districts, than those
that chose the members of the honsc of repre
sents lives. Unrestrained by the constitution,
the legislature might have fixed such time for
the convention to meet as it thought proper,
and the only effect of its provision in this regard
is to restrain the legislature from fixing the
time beyond three months after the election
of the delegates. Thus, it will be seen, that
every provision of the constitution is in re
straint of the power of the legislature. These
restrictions were complied with, and in every
other respect the power of the legislature re
mained the same as though no restrictions had
been imposed. It might fix the time when the
election of delegates should be held. It might
fix the time when the delegates should
meet in convention, subject to the restriction
which I have just mentioned. It might exer
cise alll it s Inherent powers, in its discretion,
where it was not restricted from so doing.
Having ascertained the true source of pow
er under which the convention assembled,
end that such power is unlimited, except so
far as it is restrained by the constitution, and
there being no such restraint in this regard, it
follows that the legislature liad power to de
fine tbe duties of the convention, and to Im
pose such limitations upon its authority as
were deemed expedient.
The provisions of the constitution arc to be
construed so as to harmonize one with
another. All of them were sidopted to trans
mit unimpaired to succeeding generations the
blessings of civil, political and religious liber
ty ; to secure a more perfect form of govern
ment; establish justice; insure domestic
tranquility; provide for the common de
fense; promote the general welfare, and
secure the blessings of liberty to the
people and their posterity. I am.unwilling
to believe that the framers of the constitu
tion, having these ends In view, intended that
a convention which should he assembled
thereafter for its revision, alteration and
amendment, with the same ends in view (
should have power to abrogate one provision
alter another until every vestige 01 a consti
tutional government was destroyed, and then
usurp the supreme authority of the govern
ment. The people, when they voted for and
elected delegates to the convention, never in
tended that it should have any powers other
than what the law conferred upon it. The
people never intended to confer upon the
convention the supreme authority of the state,
with power to pass and repeal laws at its will
and pleasure. The people elected the dele
gates to frame a constitution under the law,
and submit it to them for adoption or rejec
tion, and for no other purpose. lithe con
vention could usurp the legislative power of
the government, and repeal one law in viola
tion of the provisions of the constitution, it
might have repealed all the laws upon the stat
ute book. Il such a power can he exercised
with the assent of the inhabitants of a particu
lar district, it can be done without their as
sent. The convention was either thesupreme
authority of the State, and subject to no con
trol or restraint whatever, or it was not;
end if not, its powers were limited by the con
stitution and the laws.
In my judgment, the late convention was
subject to the constitution and the laws, and
its powers were limited by tie law calling it
into existence. The amended constitution
can only become the supreme law of the State
in the manner specified in that act. No part
of that instrument can become a law until it
is submitted to the whole people of the State,
nor until a majority of the whole people have
voted in favor it. The convention had no
pf'wer to put the different sections in force by
submitting one to the people of Chicago,
another to the people of Union county, and
a third to the people of Cairo, and so on, until
each section was made to depend for its validi
ty upon the vote of the people of a particu
lar disetriet selected by the convention.
In my judgment, the convention had no pow
er to pass or repeal any law in the manner
mentioned in the thirty-fourth section of the
schedule of the amended constitution, and its
attempts so to do is a nullity.
I remain, very respectfully,
Tour ob’t servant,
C. Beckwith.
OPINION OF SAM. B. FULLER, ESQ.
To A, C. Coventht, Esq.,
President of (he Board of RXice
of the City of Chicago.
My opinion is requested upon the power of
the late constitutional convention of the State
of Illinois to submit to the legal voters of the
city pf Chicago, at the municipal election to
he held in that city on the third Tuesday of
April next, for their adoption or rejection,
the provisions of theS4th section of the sched
ule annexed to the aew cunsUtutiomproposed
by that convention for the State of Illinois,and
the effect which any action taken by the legal
voters of the city of Chicago at that election,
will have by way of repealing certain acts of
the legislature of the State named in that sec
tion of the schedule.
Section one, article twelve, of the present
constitution of Illinois, prescribes the mode
and the occasion for calling a convention to
“revise,” “alter” or “amend” this consti
tution.
At the January (1559) session of the legisla
ting of Illinois, & resolution was passed,
“ recommending to the electors of the State
of Illinois to vote for or against calling ft con
vention to form a new constitution for the
State of Illinois. 11 —Souse Journal. 1859, p.
336.
14 At the general election, In 1860, a majori
ty of all the legal voters of the State, voting
for representatives at that election, having
voted for a convention, 11 the general assem
bly, at the neat session after the vote was
given, “ called a convention to alter or
amend the constitution of The State of Illi
nois, to meet at Spring&eid, ou the first
Tuesday of January. 1862.” —Laws of 1801, jk
The proceedings of the convention were, by
that act, directed to be filed in the office of
the Secretary of State, “ and the amendments
or alterations to the constitution agreed to by
the said convention, shall be recorded In his
office.” Lav* 1861, p. 88, sec. 5.
That act further provided, that “said amend
ments. revisions or alterations shall be sub
mitted by the convention to the people, for
their adoption or rejection, at an election to
be called by said convention,” M and every
person entitled to vote by the constitution
and laws in force at the time fixed for said
election, may vote on the question of adopt
ing or rejecting said alterations or amend
ment*.” Said “amendments or alterations
shall Dot take effect unless adopted bj a ma
jority of the voters voting at such, election.”
Under these provisions of the constitution
and lavs of the State of Illinois, the late con
vention was called, elected and organized.
It derived its powers as well as its exist
ecce from the preseni'constitutlon of Illinois,
and met and was organized pursuant to the
law? made under that constitution.
lie functions and powers were not legisla
tive, but advisory and recommendatory.
It was a body called under the coustltu
tiozi and laws of the State of Illinois. to pro
pose alterations and amendments of the con
stitution.
It was a constitutional, not a revolutionary
body, {at leastjn its organization); a part of
the political system of the State; possessing
well defined powers, derived from the consti
tution and laws of the State, and could not
exercise any powers bat those which were con
ferred upon it by thatjeonstitution.
It conld not delegate to any constitutional,
legislative or popular body its own powers,
much less, any which did not belong to it;
nor conld it authorize the people of
the State to exercise any functions or
powers, which they do not possess un
der the constitution and laws of the Slate,
wfede that constitution and those laws remain
in force. . *
Whether or cot the convention possessed
the absolute power to “ alter and amend ” the
old constitution at its pleasure, and to put the
new constitution absolutely in force, without
submission to the people of the State for their
adoption or rejection, is a question that under
present circumstances need not be deter
mined. For the convention did not (except
in a few instances) attempt to do tint, bat
proridid for submitting the conciliation, as
altered and amended, to the people of the
Sla c, for adoption or rejection.
In this It conformed to the provisions of the
law, under which it was called together.
Thtrc Is no doubt in my mind, that it could
“ alter or amend ” the constitutional Its pleas
ure. I know of no limitations upon lt« pow
: ere in that respect so long as it secured to the
people some form of republican government.
Nor can it bo doubted, that when the new
constitution is In force, all pre-existing Uws
which conflict wi»h its provisions are annull
ed ; nut beanse the convention possessed the
It gi.-lativc power to repeal them, bat because
tutv are inconsistent with the supreme law
of the B’ate framed by the convention.
Every principle of fair contraction of con
stitutional language, and every consideration
of public good, should, in my Judgment, be
h*dd to coniine the power of the live conven
tionto “alteringand am«udlitg M the conatl
tutioo of the State; and granting rhatlt had.
in this respect, uolimlted powers, and that it
• might have established the cow constitution
in place of the old one, by its tuprome dccla
ration to that effect, it by no me ms follows
that it might repeal all or any Kwa a>w in
force, by assuming legislative powers, or that
it could authorize the legal voters of the city
of Chicago to exercise them in derogation of
thei existing constitution and laws of -the
State.
The rc7cal of the laws bow In force,
m*y follow . the adoption of a new
constitution, but it cannot be effected by
tie mere declaration of the convention to that
t fleet, nor by any vote of the people, be any
ton lon of them, until the new constitution
shall be lt force.
The entire thirty-fourth sectlonof the sched
ule Is a? f.qi-'wc:
11 ?xc. M. That at tbs next mnteipaTsieetlou;'
tn he bUo in the city of Chicago, on the third:
- Toe*d»> of April, 1064, the legal voters of raid city
•ball caa*e to he printed or written upon 'their naf>
| .t« »hr Iblkwing words: * Porlhe olty of Cblcasjo ‘
dlebtingita own officer* ;* or the worda: ‘Against.
thr' city of CUoft9> elect'ftg Its owb oftoers;’
which BmtQ be canvassed aid returned wilh the
election returns of the ballots. :t* is* now provided
bylaw. And in caae there shall be a majority of
the legs! voter* voting at said election, in favor of
the people of said'city electing their own
officers, as is indicated by said above men
tioned words, then it shall not be lawful for any
officers of that city tobc chosen In any other man
ner than by a vote ofthe people of said dtv, or ap
pointed in any other manner -than by the mayor
and aldermen, asprovlded by present laws; and
the act approved Tcbrupy S3, 1861, entitled ‘An
act regulating-the custody and sale of personal
property under legal process, in the city of Chlca
’£o, and-the towns of South Chicago, West Chi
cago, and Korth Chicago, in Cook county;* also,
. 4 An act to establish a Board of Police, -in and for
the cltrflf Chicago, and to prescribe their powers
and duties.* approved February 21,1551 ; and also
bo much of an act; approved February 18,188L59
Is embraced in section aizly-slx and One-half (68#)
of an act to amend the city charter of Chicago, and
ci eating three commissioners to examine’into the
fit ancea ot said city, be and the same are each and
all of them hcrebv repealed; and the powers and
dnt Sea of all officers appointed under and by virtue
of said acts, shall InTmedlatcly cease. And here
after, neither the governor nor general as-
ccmolj shall appoint any person to any
office for paid city of Chicago; bat ah officers shall
be elected by the people of said city, or appointed
by the mayor and aldermen, as pro.lded by pres
ent laws, orbv such general laws as may hereafter
be passed by the general assembly, under this con
stitution.. The provisions of this constitution,
required to be executed prior to the adoption or
rejection thereof shall take effect and be In force
immediately.”
' By this, it is attempted to provide that if a
majority of the legal voters of the city of Chi
cago snail, on the third Tuesday of April,
1862, vote in favor of electing their own offi
cers, then the several laws and parts of a law
named above, “are each and all of them
hereby repealed! In other and plainer words, -
if a majority of the legal voters of the city of
Chicago, shall vote in a certain way on the
third Tuesday of April, A. D. 1862, then a
convention, called to “revise, alter and amend
the constitution of the State of Illi
nois,” but which convention provided
that its action is dependent for taking
effect on the adoption or rejection by
a majority of the legal voters ot the entire
State, of the amendments and alterations
which it proposed to the constitution, de-
dares, that on the twenty-second day of
March, 1662, certain laws of the State of Illi
nois, passed underand pursuant to Us present
constitution, arc repealed I
A present repeal of these laws is declared
to be authorized by a contingent future event,
and that, too, by a body which has no legisla
lative functions whatever, either to make or
repeal laws.
If the repeal is the act of the convention, it
is, in my judgment, void, for want of power,
to say nothing of the absurdity of the time
and contingency on which the repeal depends
and takes effect; for if a majority of the legal
voters, voting at such election, vote in a cer
tain way, then the convention, in the thirty
fourth section of the schedule, declares those
laws repealed, and that all the powers and du
ties of all officers appointed under them, shall
cease from the date of the adoption of that
article ol the schedule by the convention.
If however, it shall be claimed that the re
peal is the act of the majority of the legal
voters of the city of Chicago, it is, in my
opinion, equally void, because the legal voters
of the city of Chicago do not possess the
power to repeal laws passed by the legislature
c£ the State of Illinois, under any constitu
tion or laws now in force, nor could the con
vention confer that power upon them, because
It did not itself possess such power, whatever
effect the adoption of the new constitution
may hereafter have upon those laws.
So for, I have considered the question sub
mitted, upon the ground of a total want of
power in the late convention, either to repeal
the laws referred to, or to authorize the ma
jority of the legal voters of the city of Chi
cago to repeal them in the way proposed:
and upon the further ground that such legal
voters have not, under the esist-
ing constitn-tion and laws of this
State, any such powers, and that while
that constitution and those laws remain
in force, they cannot of themselves
exercise legislative functions sufficient to
i epeai or aminl laws passed by the legisla
ture cf the Slate ol Illinois, which body is
alone vested with the law-making power. Be
fore these views can be successfully contro
verted, it must be shown that although the
late convention was a body called togetuerand
organized under and by virtue of the consti
tution and laws of the State of Illinois, for a
specific purpose, it could, of its own volitiou,
exercise legislative functions, or authorize the
legal voters of one city, containing only about
onc-filtcenth of the population of the State,
to perform acts of legislation,, in complete
derogation of the constitution and laws of the
State —those laws and that constitution all
the while continuing the supreme law of the
State.
If this want of power was less palpable, it
would be well to look at some of the conse
quences which will flow from the attempted
exercise of legislative powers by the legal
voters of the city of Chicago, in the manner
indicated in the thirty-fourth section of the
schedule, by way of repealing the laws re
ferred to, supposing their repeal to be the
act of the legal voters of that city, and not
of the convention itself. The fourth section
of the schedule of the constitution framed by
thelate convention provides, “that this con
stitution Ehall be submitted to the people of
Dllnois, Jor thc-ir adoption or rejection/’ etc.
By the terms of this section, and the sixth,
seventh, eighth, ninth and tenth sections of
the schedule, provision is made for the sub
mission to the people of the Stale of Illinois
of certain separate sections or pans of the
constitution framed by the convention, bat
the thirty-fourth section of the schedule-is
not one of the sections or provisions of the
constitution which arc to bo so .submitted
separately; so that the thirty-fourth section
will be submitted to the whole people of the
Smte of Illinois, who may adopt or reject it,
not by itself, but aa an integral part of the
constitution, and if that is rejected, the thir
ty-fourth section is rejected also.
We shall then have this condition of things
under these provisions of the schedule: By
the thirty-fourth section, the legal voters of
the city of Chicago are authorized, in effect, on
the third Tuesday of April, A. D. 1862, to
vote upon the question of the repeal
of certain laws named in that section, and
if the majority of the votes are giv
en in favor of a certain proposition named
in that section, these laws are declared
by the same section to be repealed on the 22d
day of March, 1862; and yet, by the provisions
of the flflh and following sections of the
schedule, the whole constitution, including
the thirty-fourth section, is to be submitted to
the people of the State of Illinois, who may
or may not reject it on the Tuesday following
Ibc third Monday of June, 1862.
If they then reject it, the constitution thus
submitted, including the thirty-fourth section,
“ shall be null and void,” by the terms of the
law calling the convention, and of the seventh
section of the schedule of the new constitu
tion. -
The State of Illinois will then be governed
by the provisions of the old constitution and
the laws made under it, none of which recog
nize the power in the legal voters ot one citv
to repeal laws passed by the legislature of the
State; the laws specified in said S4ch section
.will then be In full force, and the action of
the legal voters of the city of Chicago, will
thus be annulled, which ever way the minori
ty of them may vote at the charter election.
Again, suppose the majority of the legal
voters of the city of Chicago, vote in favor of
the proposition attempted to be submitted to
■ them by the thirty-fourth section of the sche
dule, in Aprilnext, and it is Insisted that the
laws referred to in that section are thereby re
pealed, what-will be the effect of that, repeal
upon the condition ol the city, of Chicago,
and Cook county also, when the law establish
ing a board of police lor the city of Chicago,
approved February 1, 1881, shall be thus re
pealed or abrogated.
The twenty-eighth and thirtieth sections of
the act establishing the board of police, in
vested that board with “all the power and
authority heretofore conferred by law upon
the Mayor of the city of Chicago,” or upon
the common council of dho said city of Chica
go,” which was in any way connected “ with
the police government, police appointments,
or police discipline, within said city,” and re
pealed all statutes, parts of statutes, and pro
visions of law, lucoi si-tent with that act, to
gether with :Ji modes and qualifications of
r.| polutxncct to office, as memoers of police
departments, or of U. ctiOus to office therein,
inconsistent with the provisions of this act.”
By these provisions, every police power
within the city of. Chicago, and so far as the
several towns of Cookeounty may bring them
selves within the provisions of that law, with
in Cook county, was vested in the board of
police, and expressly taken from every other
official tribunal or department. I£ the act of
February 2d, 1861, is repealed or abrogated in
the way proposed, the powers vested in the
board of police are destroyed, and they will
nut revert to the -source from which they were
taken. nor will they be vested in any other
official or tribunal, for the repeal of a repeal
ing set does not In this State re
vive the original act, (Scciiorv 26, cA aptcr
90, J&i’i&ed Btaints* 1845.) And until some
provision is made for the exerclaeof. the pow
ers thus taken from the board of police, the
city of Chicago and the towns of Cook county
which have adopted the provisions of the po
lice act, will be without a police, and with
out the power to appoint police officers* un
til the adoption of the constitution by the
people of the State of Illinois, in June, 1863.
It the proposed constitution- shall be re
jected by the people of this State, in Jane,
1883, the thirty-fourth section will tye rejected
as a part otthat constitution, and the ques
tion will be presented'whetherthe laws named
in that section are in force or not. and If not
in force, what provision will exist tor & police
m this ci'y ?
If the question "presented was a doubtful
one., these considerations would deserve grave
attention, b» fbru holding that the legal voters
«t‘ibe city ot Chicago, con, at the poll*, re
ptal the laws of the State of Illinois, or taut
ftCf-DVt-mioD. c*l)ed merely to proposeamend
menu to the State constitution, can either
itself exercise, or confrr upon others, original
•nd complete legislative powers, subject to
no restraint or revision.
Bull place This opinion upon the grbuud
that tht- convention could not itself repr«ltne
laws in question; that it could not authorize
the legal voters of the city of Chicago to re
peal or abrogate them In the wav proposed,
axd that any vole which such legal voters miy
tiTe, under the provisions of the thirty-fourth
section ot the schedule for that purpose, will
be a nudity. SIM. W. fuller.
March, 29, 1663.
OPINION OP E. O. LARKED. ESQ.
A. C, Coventry, Esq..
Chairman fcoa d Pciiee Oommtefcmsrt.
Ton n-qnerf ny opinion o» to the validity
ot the thirty Icn-’h be ction of th* sche
dule of the coi-sUtution recently adopted by
the convention, . .
I am of tbo opion that that section Is not
sow, and will a t, byTfie vote of the major
ity of the legal Tutors of (h * city of .Cblcigo,
at their next municipal election,' tu favor of
the question submitted to ’hem. become a
portot the constitution of-this Bute.
The Motion is questl >u b one which the
convention have ;ghd sought to
mako a part of the'conventioa, ly force of the
orttai f/Ve convention ale *s, aneivUhout any
o&pHvn thereof by t 'ep opie*
ItieubSto be clear, that unices the con
vention bad the powf-rloznode amendments
to the constitution, which should, be valid and
blndlrg, by ita own vote, and without tne
adoption thereof by.the people of the Sta’e,
{hat the thi tj-forr h tioc. (the oae
coußidtnLLoe) have no vitality* Bee&Be,iQl*
section is appointed to a& effect: before the
constitution is adopted by the people of the
State, and. is, in fact, to continue in force, al
though.the'constitution uau whole, may be
reptulatedhy the people of the State.
The section in question,has two dlstinctpro
vislons hldhded into one. A general provision,
prescribing a limitation of executive and legis
lative action in the future, and a special provis
ion repealing anesasting law of the legislature
of the State of Illinois.
The general provision provides that “ there
after neither the governor nor the general as
sembly fthnTl appoint any person to any office ;
for the city of Chicago, but all officers of said
city shall he elected Dy the peoploof said city,
or appointed by the mayor and dldcrmen, as
.provided hy present laws, or by such general
laws as may be possedhy the general assembly
under this constitution."”
The sjwxu provision is to the effect that the
act approved February 22, IS6I, Entitled an
net rci-ulatuig the custody and salfto?pe &onil
property, etc., and an act to establish"a board
of police, etc., be, and the same axe each and
all of them hereby repealed, and the powers
and duties of all officers appointed under and
by virtue of said acts shall immediately cease.
If the general provision first mentioned, had
.been incorporated into the constitution as a
part of it, and adopted by the people, there
could be no valid objection made to it, except
that which arises out of its being a local pro
vision inserted in a constitution designed for
the whole State; a very grave objection to it
certainly, as a matter of policy and propriety,
but the legality of which Is not necessary now
to consider.
But the entire section is adopted by the con
vention as an amendment of the constitution
of the State of Illinois, upon the contingency
of the legal voters of the city of Chicago vot
ing In a certain way, upon a certain proposi
tion, submitted to them at the ensuing munic
ipal election.
The convention have added this provision )
to the existing constitution of this State of !
their own will and pleasure, without submit- ;
ring it to.thc vole of the people of the State or
even of the people of the city whom it affects.
Had they provided for a submission of
the section "in question, to the vote
of the people of. Chicago, it would
have made no difference, because it is the le
gal voters of the whole State, and not of the
city of Chicago, who have the power to alter
or amend the constitution of the State, and in
my opinion it would not be competent to
submit the amended constitution peace-meal,
to different localities and at different times,
but it must be submitted to the whole people
and at one and the same time.
But in this case, this question does not arise,
because this section is not submitted even to the
legal voter* of Chicago. They are not authorized
to vote whether thfa section shall become a
part of the constitution. They are simply au
thorized to write upon certain ballots, ‘‘For
or against the city ol Chicago electing its own
officers,” and ii & majority of the legal voters
voting at said election, as indicated by said
ballots, shall be in favor of the people of -said
city electing their own officers, then the laws
named are repealed, and the provisions of that
section become operative.
There is a wide difference between the ques
tion submitted to the legal voters of Chicago,
to he voted upon, and the question whether
section thirty-four should be adopted as an amend
ment to the constitution. It is one thing for
the people to be in lavor, henceforth, of elect
ing all municipal officers by popular vote, and
quite another thing for them to be in favor of
ejecting, before the expiration of their terms,
all officers who have been heretofore other
wise appointed under existing laws.
The convention might just as well have
made their adoption of the thirty-fourth sec
tion contingent npon the result of the vote of
the people upon any other proposition, as np
on that specified in the article. The legal ef
fect would liave been in no respect different, if
they had adopted the section andprovided that
at the next municipal election the legal voters
should write on their ballots “ for or against
John Wentworth for mayor of Chicago, and
in case there should be a majority of the legal
voters in favor of said John Wentworth for
Mayor, “as indicated by said words,”
, then “it should not be lawful etc.,
“ and the laws named should be
forthwith repealed,” and the section become
a part c f the constitution of the State of Ill
inois.
Such a vote could not, of conrse, in any way
give any force to the action of the convention,
and the section in question must therefore
rest for its validity wholly upon the power of
the convention to establish and adopt it as an
amendment to the existing constitution, with
out its adoption by the people of the State.
Now if the convention had the power of it
self, and without any vote of the people, to
add one amendment to the existing constitu
tion, however slight, then they con id add all
the rest. The power being conceded, the ex
tent of its exercise is, of conrse, a mere matter
of expediency, to be determined by the con
vention itself. Hence, as it cannot be denied
that the limitation of executive and legislative
power in respect to the municipal officers of
Chicago, provided by this section, does not ex
ist in the present constitution, its adoption,
is *‘cx necessitate” an amendment of the
present constitution, and if this amendment
can become valid and binding, without a vote
of the whole people of the State, then the
: whole constitution and all the amendments
could have been made valid and binding, by
the mere vote of a majority of the convention,
and without any adoption of them by the
people. And if, on the other hand, no one of
the amendments to the constitution adopted
by the convention, conld become a part of
ho constitution, or take effect until adopted
by a vote of the people of the State, thou the
section in question must necessarily be void,
for all its provisions are, by its own express
terms, limited to take effect, not only before
such vote U taken, but wholly irrespective and
independent of such vote.
The whole question seems therefore to re
solve itself into a single point.
Hud the convention which assembled at
Sprirgfitld, the power to chs.nge the constitu
tion of the Stale of Illinois by its owu vote,
and without any adoption of such amended
constitution by the people of the Stale ?
If tiie law under whica the convention as
sembled, and under tbe sanction, of which
their action took place, is to decide the mat
ter, there is nothing left lor discussion ; tor
that declares, in positive terms, 11 that the
“ amendments, revisions or alterations shall be
“ submitted by the convention to the people,
“ for their adoption or shall not
“take effect unless adoptedby a majority of the
“legal voters.”
But It is claimed that the convention, when
elected under this law, are above the law in
pursuance of which they were elected. That
the limitation. on their authority, contained
in the legislative act, was of no validity,
Thal-thc legislature had no authority whatev
er to Instruct or control them, but simply pro-'
vide for tLeir election, and that when elected
tbey are vested with the supreme power of
the people without limit or restraint, and
bad authority to alter or amend the consti
tution, or make & new one by their own
art alone, and that the submission of any of the
amendments to the vote of the people, was
wholly a matter resting in the discretion of
the convention, and the whole or any part
adopted by the convention without such sub
mission, is -valid and binding upon the people
ol tbe State.
If this doctrine bo sound, it is certainly
most alarming In its tendency. If a few men
can assemble together in convention, and of
their own mere will and pleasure overthrow
the fundamental law of the State, on which
tbe whole toci-d structure and polity of the
State is based. aud crccc a new and different
one, without the assent of the people, then a
system of government may be forced upon
tuc people destructive to their best social and
material interests, and the people, without
their knowledge or consent, lorever subjected
io Its control, or forced to take revolutionary
action against it. For the constitution so
framed, might be declared not amendable, or
the mode of amendment made so difficult
and protracted os to amount practically to a
prohibition. Or, by the terms of the new
constitution,the right of suffrage might bo so
restricted as to disfranchise great numbers of
the people, and deprive them of their political
rights and privileges altogether.
- All these consequences flow directly from
the position that the convention could, by Its
own power, and by force of the vote of a ma
jority of its members, and without any adop
tion by a vote of the people, make a new con*
ttitutlon which should be binding upon the
people of the State of Illinois.
This doctrine is utterly opposed to the fun
damental principles which underlie oar whole
system of popular government, and has no
precedent in practice, except that which is
famished by the Lecomptoa convention of
Kansas, —a precedent which has been con
demned by the people of the free States with
great unanimity, and regarded as an Infamous
attempt to destroy the liberties of the people
ot that State.
It Is needless to expose the dangers to the
liberties and rights ot the people, resulting
from such adocnine. They are apparent to
ever; reflecting t™™*- What citizen would
be content to allow any body of men to es
tablish tbe system of government under which
be was to live,' without-bis knowledge or as
sent? Rights, the most sacred, conld be
swept away, political privileges destroyed,
the people disfranchised and subjected to
enormous burdens, and human slavery estab
lished, on the soil of Illinois by the will of a
lew individuate. Such adocirlne would never
be tolerated by the freemen of this or of any
Biate, where the rights and liberties of the
citizen were held in due regard.
This fundamental principle of American po
litical insTimtlons was recognized by the leg
islature in the act calling the convention,
and without admitting any rigat in the ie**s
imure to imtit or control taelcgiUmate action
and powers ol the convetion', it
Lad an undoubted right to provtdn ay law for
tbe ext-rclee. by the people, of their right of
voting for thv adoption or rejection of the
co&sti-uuon which should be agreed upon by
the convention.
Tbe members ofthe convention were elected
bj the people, under a law tons expressly re
airvlogto the people a right of adoption or
rejection of the ameuard coostUuldoa. if tbe
people ban been aaviet-d. in advance, tbat the
convention elected under this law, would not
be bound by this limiUuoa, bat would, when
assembled, have the power to overthrow the
existing constitution and establish another
such as should soli the notions of the mem
tH.r>, wi<bout the consent of the people of tne
State, they could Lave refused to elect any
dt-Jcga;o*, and the whole law would thereby
have been of no effect. It would be a fraud
and a usurpation, therefore, for agents sad
representatives of the people, elected under a
idW to discharge a certain daty, according to
the terms of the law authorizing their election,
to disregard and disobey the provisions and
cocdi' lons ot that law.
I entertain, therefore, no .doubt that the
convention bad nS poorer to adopt- any
amendment to tbe existing constitu
tion wfaleh -should take effect-by the mere
vole of the convention, without' tiro adoption
thereof by a vote of the majority of the legal
voiers of the wnole State, and hayetherefore.
•no hesitation in pronouncing that the section
io question derives no legal validity or obli
gation from the mere votes of a majority of
the members in the convention in iui f*vor,
and will derive none from the vote of a major
ity of tbe legal voters of Chicago, at the next
municipal election on the question submitted
totbm. ; '' ' .
So lar as the special provisions contained In
this section, repealing certain laws enacted
by the legislature of this concerned,
there Is another ground upon which t&at pore
; tins of the erctlop U invalid, Lrxe*pocti»e-Of
(he question of power In the oomentiouto
adept a constitution without submitting: it to
the people.
Tf is clear that the delegates were elected
-by thepeople,to “ alter or amend theconstitu
tion.” They were the constituted,agents of
the people : for this' purpose, and no other.
Any other power assumed by them except
this power, would he a usurpation. They
could not. elect or remove the governor, or
judges of the supreme court, or impose a
tax. In short, they could do only what they
were commissioned to do,—alter and-amend
the Constitution'of the State ofßlinois.
_ If, os I claimed, they could do this by their
own vote, and without the vote of the peo
ple, still, this' is ‘ all they could do. But the
repeal of special laws Is ho part of the consti
tution, and constitutes no amendment of it.
In this point of view, even granting for the
sake of the argument, the right of the con
vention to adopt a new constitution without
submitting it to the people, all which they
could have done would have been to have em
bodied m-it the general provision of tbit, sec
tion limiting tnc executive and legislative
powers over municipal appointments in the
city of Chicago. They could not have re
pealed any existing law. ■ The convention had
no legislative power either to make or to re
peal special laws, but only to establish a gen
eral fundamental law for the State.
A new constitution dues not and cannot, In
my judgment, repeal existing lawn ipso facto.
It provides the forms and modes under which
legislation is thereafter to be enacted, but can
not itself legislate. Our American system of
tree government has among its fundamental
ideas the division of legislative, executive and
judicial power among different tribunals, each
operating as a chock upon the other. The
idea of legislative and ezecnliveauthorities in
one body of men, without check or restraint,
is essential despotism, apfl is utterly repug
nant to the fundamental truths underlying our
political system.
If the convention could repeal the laws cre
ating one deportment of the city government
of Chicago, they could with equal propriety
repeal the city charter itself, and all the other
laws of the State, and remove all its executive
and judicial officers. Such a doctrine is un
heard of in the history of these States. It
has no foundation in principle, and is destruc
tive of the rights and liberties of the people.
Hence, in either point of view of the pow
ers of the convention, the clause In section
thirty-four, repealing the laws therein named,
would be equally invalid, and I have no hesi
tation in affirming that such repealing clause
cannot be considered as of any legal validity
whatever.
Id giving this opinion I have not alluded to
the disastrous consequences which might re
sult to the city, by the repeal of the only law
under which any police force for the protec
tion of public order and the security of life
and property, could he appointed. These are
certainly most important considerations, but
they rather seem to furnish reasons why the
people should not vote in a way to bring these
evils upon themselves, than to affect the ques
tion under discussion.
The consequences of any enactment are of no
importance, if the enactment Is without un
certainty in its terms, and was passed by com
petent authority. It is clear, beyond contin
gency, that the section in question, if valid,
does positively repeal the laws named, ana
hence, if the convention had power to pass it,
the consequences which Us adoption will en
tail upon us, are proper reasons to be urged
for its rejection by the people, but can have
no pertinency in the determination of the le
gal question submitted to me.
Tour ob’t servant, E. C. L arsed.
Chicago , April 4th, 1863.
OPINION OF WALTER B. SCATE3, ESQ.
Chicago, March 3‘, 1562.
A. C, Cotcn try, Etq.
Dear Sir:—l have examined Mr. Beck
with's letter to you of the 26th lust., in rela
tion to tne thirty-fourth section of the sched
ule adopted by the Convention.
I concur most fully with Mr. Beckwith, that
the ‘convention had no legislative powers
whatever. I entertained and urged the same
position in the constitutional convention of
1847, and that convention sustained that po
sition fully.
I concur also In the points of his argument,
with one exception, and will not repeat whit
has been so ably and lucidly enforced by him.
I do not concur with him in the position that
the legislature had the power “to prescribe
the powers and duties of the convention” in
the act calling the convention together.
The legislature, in my opinion, had no more
right to “prescribe the powers” of the con
vention, as to fundamental, organic provis
ions of government, than the convention had
to exercise acts of government, legislative, ex
ccutive or judicial. The power to establish
organic laws in framing icritttn constitutions,
as understood and practiced by the people of
the United States, and of the several States in
America, is based upon the principles of the
Declaration of Independence, and the bills of
riuhts of the several Slates.
*lt was declared to be a natural right of the
people, and was vindicated by a successful
revolution, at a great sacrifice of 'life and
treasure. Both the right and power were de
nied by all other countries, and unknown to
the laws and usages of the nations of the
world. The United States of America estab
lished the precedent of a written constitution,
by a convention of delegates, appointed by
the people, That precedent was followed,
and whs the natural sequence of the principles
maintained in the Declaration of ladepend
tnce, and re-asserted in the bills of rights by
every Slate convention which has assembled
Mnce, for the purpose of adopting organic
laws.
■While this is true in relation to all constiru
tiaaal conventions, it is equally true that all
nui ions, of whatever forms of government,
from despotisms to limited monarchies, wheth
er administered by one or many, always exer
cised legislative, executive and judicial func
tions, in administering government. To make,
to interpret, and to execute laws, is not pecu
liar to America. These functions or adminis
trative powers hive always been known and
exercised. And whatever ol constitutional
limitations, or organic laws have been adopted !
by the nations of the world, have been so ;
adopted by the same, or a part of the same i
bodies that administered the other powers of
government. No nation, before the people of
the United States, ever adopted the practice
of assembling and organizing a separate body
ot representatives, for the sole purpose of es
tablishing organic laws.
The United States, then, not only intro
duced and followed this mode of establishing
their organic laws, but they have in no instance
authorized such conventions tolcgislate upon
any other subject, nor am I aware of any In
stance where such aconventioneven attempted
to do so, In any other respect, than providing
fora vote upon, and organizing government
under their own work, when adopted by the
people.
The people then confer the porter
upon these conventions; the paver
is limited 'to the adoption of the or
ganic laws of a republican form of govern
ment, consistent with the principles of
the Declaration ot Independence, and the bills
of rights so often reiterated since, in every
State and territory in the Union. This is
the plain, practical doctrine, which the peo
gle have sanctioned, time and again in every
tate.
To contend that a convention is the people,
in the sense of unlimited, uncontrolled and
unrestrained power, is a political heresy iu
the United States, and would sacrifice the
mbllc liberty for the maintenance of a theory/
f ench a claim, such a theory, Is to be prac
tically set up by American conventions, it I
ought to be done by candidates, before the
< h ction, and not by the convention when
assembled. Then the people wonld have an 1
opportunity to sanction or dhosprove, by 1
electing or repudiating the candidate, so i
avowing this doctrine. Again, so long and
bo uniform has been the American practiced
submitting the constitution to the people for
approval, that it has become the settled law
upon this subject by universal usage of late.
The only instance to the contrary, for gen
erations past, had well nigh caused a local
civil war, and will hardly be again repeated.
Few will deny this to. be the law of Urn case.
The constitution will not then have any force,
until submitted to and approved by the peo
ple. These 1 regard as axiomatic truths, in
relation to making American.constitutional
law. If this be eo, then four or five conse
quences naturally follow:
First. The power of the convention is con
fined to the making of a constitution alone.
Second. That constitution will not take ef
fect until submitted to and approved byitihe
people.
Third. No .administrative power provided
for In it, can be exercised under it, until it
takes effect.
Fourth. When it does take effect, the pow
ers in it must be exercised by the body of
magistracy provided for by it.
Fifth. Until the new constitution takes
effect, the old one is In fall force,
and government under it must be exercised
as it provides, and by the bodies of magistra
cy designated in it.
These seem also to be self-evident truths.
And yet, if all or if either of them be true,
the convention cannot exercise a single fine-
tion of administrative government, executive,
legislative or judicial: because.— I
First. There cannot be two full and com- J
plete sovereign governments at one and the I
same time, in and over the same place, any I
more than two solid bodies can occupy the I
same space, at the some time. One Is a polit- I
leal, and the other, a natural or physical Im- I
possibility. 1
Second. If all the sovereign powers of I
government revert to the convention as soon 1
as it assembles, then the existing constitution j
moat that instant become void, and the pow- I
ers of the executive, legislative and judicial |
bodies of magistracy under it must cease. I
But this we know is not so, and the moil I
latitndinarion does not contend for it. _ I
Third. If the whole does not become void, I
then no partbecomes void. I
Fourth. Or put the converse; if the con- I
venticn may exercise oue administrative face- I
tion or power of administrating the govern- 1
nett, it may any and every such power. .If it I
can make a law, it can adjudge and execute it. I
Fifth. There being no written constitution, I
conferring upon sneu a convention the admin* ]
Is trailve powers ot government, tf such pow- I
ere belong to It, then they have do limit of
time, and may be exercised forever, nor has It
any organic limits as to what it may do. It I
wonld simply become a despotic oligarchy. ,
The wnole theory is a rank political heresy;
and the practice upon it would be treason, and
overturn the government. The representative
wonld, underlt; betray his constituents, and
usurp all his political rights, and destroy his
liberties.
At other objection to the section, and tao
last I shall notice Is, that it is confined to a |
> portion ol the people only.
Concurfor.s should contain groat funda
mental general principles only, tearing legisla
tion to toe body of maite’r*cy provided for by
it. It should be fairly and fully submitted to
the body of voters In all its essential ports.
Th»* K-nras constitution drew out a fail ex
pression: ■of the .American peop!V *ud
ISiri> Willed tha law upon rnu point.
Every man would spur a, with indignation, a
oropcsi' on to divide up the conati'.oUqn lnto
fragments, submitting oue to the vote.of one
locality, and 'another to another..t Ad •
to live under Has a whole, wiinout opportu
nity to vo«-c on one tenth port of It, '
The difference between this proposition and.
■ t£e> eectfdo' natter odoalderattoo, is not ia
■ principle, bat extnteUjed.. This
first attempt to parcel so, If once sanc
tioned, wul become s precedent, and la aa-
other instance may he made general We
should at once meet and resist it.
The Legislature is competent, doubtless, to
meet the wants of this city, in its police regu
lations, without tying-up its hands with a con
stitutional provision.
All laws providing for the appointment of a
police, except this, have been repealed; and
if this now he now abrogated, there can be no
city police, until the Legislature meets end
passes a law. and an election can be held un
der it.
Every one may judge whether he ought to
be called upon under such circumstances, by
a proposition so tempting as that of asserting
his own choice in electing policemen.
Yours truly, Walters. Spates.
Special notices.
83?" The Kenosha Water Cure
has everything to recommend it ui desirable rpjuwt
forlnvilidCThe bestef Chicago references given if
desired. Those who wish careful and scientific treat
a^sagse«jffla^se3“«
scabs, W la. myio-rga-sc#
|SP“ What can Woman do in War?
Much, every way. But she can't ksep peace In the
tunny without a bottle of Dead-Shot to am off the
blood thirsty hordes of hungry Bed-Bogs that, unin
vited, l£trainee themselves to her lodgers, to thair
great annoyance and disgust. Now 1* the time to use
It Kill ’em now! No family should be without It. Th*
Dead-Shot makes a clean sweep: renders peace certain
by the annihilation of the enemy. Sold or all Drug
diet. A gents a Chicago: j.H. Heed ft Co.. Fuller*
Finch, Burnham * ap3opß9&Un
Impoi tant to Females.—Dr. Cheese
man’s Fiha.
The combination of ingredients in these Fills are the
result of along and extenave practice. Tbeyaremlld
In their operation, and certain la correcting all irregu
larities, Painful Menstruations, removing all obstruc
tions, whether from cold or otherwise, headache, pain
in the side, palpitation of theheart, whites, all nervous
affections, hysterics, fatiguA pain In the hack and
limbs, ftc, disturbed sleep, which arise from interrup
tion ol nature.
SR. CHEES£9US'S PILLS
was the commencement of a new era in the treatment
of these Irregularities and obstructions which have
conaignedsofman; to a pbehatuejeghavi. Xo female
can enjoy good health unless she is regular, and when
ever an obstruction takes place the general health be
gins to decline.
DR. CHEEBEaU!PS FILLS
are the most effectual remedy ever known for &H com
plaints peculiar to Fzscaxxs. To all classes they are
Invaluable, ixnrcrso. with cnruxrr, puzodicax
EEGn_inrrr. They are known to thousands, who have
used them at different periods throughout the country,
hating the sanction of some oi the moat zxzxzxr Fsrs
iciaxs :x AyuKica.
E.\>*i.hm'i Ttikkj.rinvs STITIXO TSETSSOTO)
sot be used, with each Bos—me Peice ose Dolus
PER Box, containing from 50 to GO PlDa.
PUIs sent by mail, promptly, by remitting to the Agent
23 Lake street. Sold by Druggists gbxxkaixt.
tW~Bold in Chicago at manuloctora prices by LORD
& SMITH.
tST“ For the cheapest and best Hail
Jewelry, Wigs. Bra Mi,- Curls. Frlzzeta, etc. go to A,
3HSWALDT, 100 Lake street, and examine those won
lerful productions of art bo-scrutiny can detect the
uUflclal from the natural when adjusted to the head.
3Cs Hair Jewelry contains always the newest Parti
itylee. All articles will give entire tatirtactioa.
oeSA’Si-ly
CATARRH I CATARRH 1!
CATARRH!!!
DE.SEELTE’S LIQUID CATABBH BEMEDT,
Wasaasro to be a me core tor
CATABBH or COLD IN THE HEAD*
OiTt Hcttdrkd Tnouauro persons die vesrly m tan
country of Consumption. Every physician knows
with four two-third* of tills number, tits disease first
commenced as a
CATABBH IN THE NOSE.
The next step being to tie throat and bronchial tubes,
and lastly, the longs.
It is easier to cure Catarrh than Consumption, and by
coring the first we prevent the latter. Persons should
understand that the better war to core Consumption
la to prevent It.
The symptoms of Cattarrh as they generally appear
arc at first very slight. Persons find they have a cold,
and find that they have frequent attacks, and are more
sensitive to the changes of temperature. In this con
dition, the nose may he dry, or a slight discharge, thin
and acrid, afterwards becoming thir-fc and adhesive.
As the disease becomes chronic the discharges are In
creased In quantity and changed in quality; they are
now thick and heavy, and are either got rid of by blow
ing the nose, or else they fall into the throat and are
hawked or coughed off. The secretions are offensive,
causing a bad breath; the voice ts thick and nasal; the
eyes are weak; the sense of smell Is lessened or de
stroyed; deafness frequently takes place. Another
common and important symptom or Catarrh la. that
the person Is obliged to clear his throat in the morning
of a thtok or slimy mucous, which has fallen down from
the bead dfiring the night. When this hikes place, the
person may be sure that bis disease is on Its way to the
fangs, and should lose no time in arresting It. The
snore are the symptoms of Catarrh as they appear In
different cases.
By the aid of the LIQUID CATARRH REMEDY, an
llcee symptoms can be quickly and effectually re
moved. And I have sufficient confidence In the Reme
dy to assure all who are disposed to test Its virtues In
erring Catarrh, that if after the trial of the Remedy
(or one mouth, no benefit la received, the amount paid
will be returned.
Prtce of the Catarrh Remedy, 12.03—sufficient for use
one month, with full and clear directions.
Office, 182 South Clark Street, (Up-Stain.)
Adercfs Dr. D. S. SKELYE.
del-hSSWm fo« Office Box 435 L. Chicago, m.
THYSELF I
Dr. J. H. McCANN,
?ETSICIA2? AND STEGKON, detects to a certainty
die true condition and locality of diseases, by a simple
md scientific method, without asking any questions.
Discuses of the Throat and Lungs treated by Medical
Inhalation and Constitutional treatment. Diseases of
file Heart, of the Stomach, of toe Liver, Kidneys, Drop
w, SL Vitos” Dance, Cancers, chronic Ulcers. Rheums
•ism. Keuralcla, Paralysis. Fistula. Spasms. Fits. Dls
loses of the Eye and Kar, Seminal Weakness, Skin Dla
•asec. Rupture, Diarrhoea. In short, all curable dls
taseeof longstanding cured In the shortest possible
time. We are cot a M cure-aIT” doctor.ana will under
take no case without a fair prospect of recovery.
Female Diseases, &c.,
<nrh as Suppressions, Irregularities, Falling of toe
Womb, Tumors, all rrinaxyDlsea*eaXervousX>eblllty.
f alnTul or Difficult Menstruation, Barrenness, Ac* wfil
3e speedily cured, without poisonous drugs. Injurious
>r unpalatable medicines of any kind. Have no deli
cacy In calling, ao difference wnat your troubles may
ue. The afflicted are cordially Invited to call and ui
•*y themselves.
'/onanltatloxiß and Examinations Tree
of Charge.
All co mm uni cations strictly confidential. Office la
be Street Railroad Building, comer of State and Ran
■olph streets. Office hours from A. M. tin ?P. M,
Addr«* J. H. McCAXX. M. D.. Chicago. TIL Letter*
o my address, inclosing a stamp, will receive prompt
•ttention. cr for two stamps 1 will send a pamphlet
ree. sel2-wly
jatainnai.
SARGENT’S
PAIN EXTERMINATOR.
It has become a neccetity, a. POSITIVE NECfWSITT
for U e hroprietors of the above Invaluable Kerned/ to
extend their faculties for preparing it.
THE 9EHAMD FOB IT
Baalncrewcd so rapidly tor the past few month* that
we have been enthely unable to supply orders with
our present meant 01 manufacturing.
ror this reason, as well as Cor the namano object of
giving all afflicted ones an opportunity of avaniae
themselves ot the benefit of ita HKA.LIVG YIKrUBS.
wf.ehan.cn the nnsr D*Top 3L4.T, open an extensive
Labratory and Manmactory at
No. 94r "Washington, Street*
Oor Acuities win be such that we can manufactures
supeilor quality of oor Kenedy, and be sole to HQ all
our orders promptly.
TEI6 EXrEBStINATOS is recoauoesdel Cor only
what itoas xmcruaXLTOUBZ. luuady:
DlphtberlAy
Bhenmatlsn^
Ague In the Face,
Neuralgia,
Toothache,
Sore Throat,
FtMh Woudi,
Scalds,
Bnrns*
Bpraiai)
Chlll>lalßi| j
Byaenten U.
Dlam^e^
Ea^tche,
f Coras, Sec , Sec.
AH tbtfe It will POSITIVELY and RADICALLY
core. We shall hereafter preamt aome few of ttts QG
isercmfl testimonials we hartf received relating tht
action of Its \
Healing Properties.
At this time we Inrite all our former patrons, and all
who &re afflicted with eUaet of tae a core com plaints,
to call at onr • 'fflee ana Mana’actory.
THE iXTEKUINaTOK can he htd br application
to ns, or at all the Leading Druggists and Apothecares
W© reapectittJy ask all to give It at least one trial,
sac ascertain for tbemselTsa Its stcrlingTalae a»ap«ln
reliever.
A. W. BABGENT A CO.,
9i WubißfitoA Street, Chicago.
Poet Office Box 37t& Price 25 cent*. M cents, and o»e
dolUrperNjtde. LiDeral Dlacouat mada to too Trade.
apS i p899-Sw
HELMBOLD’S
GENUINE PREPARATIONS.
mimm.mi HKLMBOLOTI jaBLMBOLDS
KXTEACT BOCHU,
THB SBEAT OIUBEXIC.
L FOSZTZVB ASS BPECHTC EESEST
FOE DISEASES OF TH* BLXDDEB, DDSTSTB,
6BA.VBI* DEOPBY, AHD ALL DTHEASM
AEIHIKO FBOM
dABITS OF DISSIPATION. SZCBSaSO AXD
OCPBUDSSCSS IS LZFB,
mruuTiia of the blood, tc.
KSBVODB DIBRAHHB,'
CONSUMPTION, _
SPILSETU; FITS,
LANfiODB,
HXSTOUUS3
imiirmuii: ÜBSDV9B OF THE SBSCSI
oomeagoy vigan
xsßAHirr.
PALLID oototdtaitcb,
SOTO BTOMACB,
BIOS HB ADAGES,
HBCTXO IUJBB
DTBEBLBD AfiD DELICATE OOB*
srmmoHsoFfio hsbzjb.
AH FOE
HELHBOUVS EXTRACT BBCHS.
KO FAULT HODIiD BE WITHOUT IT.
nspißD Aooosskors to
PBIB9IACT 15U
ffwn i w«a» ASU UOB> ST
BMIHBST PHTBICIASB.
.inn BXHUCt MlfiHS
Is rirtiniK is » ttsso ud' odor. HnwmH>tß » a
-*^iou,*natreetrwnsH iajwrion*orooeruee. Ora at
tttto «ZpenM. ;
UTTL* OK SO CHANGE IS DEST.
rrtt» ONE OOLL&B per toockle. or 8a tor IOT
xillii®, deiirertd to us suu. taßtal. total, foak
g xprw oOro or ssore."
flyaptostl tH B&-OOBOVBBlSEttWa
SXLHBOLDG QKtf PISS FSEPABATIW.
- SXTEACT BOCHU,
STCBACT BABSAPABXUA.
u*r«fleca. Ttor«Rael«a* ftyßOoawWtPrafr
(-st «sa monbe bat qasasj.
• m.marnw «OTm REFi£illoll
tS TAITBOk ST
; TT- t mgrr.TvrF»r>r.n,
EBiCTIOAI." 4KD AUItTnCAL QHXUm
Devoc-tH Boctk Tma «. FJBuMjU*. It
nosnnr
i.oau> * SMITH* -
Wfcffea* Bnggbte, £3 Uto BL,fIU*A
AcOTj ntakaMto airlSfectt.Un, br tB K«peew
WPritfWi , .... . ? .. -
nswAxsor
Asft tor HehpteU
boimm ‘
Steamboat Ernes.
THE
Western Transportation Co.
ASD
WESTERN EXPRESS.
186 2.
p.WJ’S SIB! ! s "thasspobtation coh-
made arrangements to ran their lAks
Steam on alternate dayswiththoac of the
SBVF YORK CliliTmL
Iso
MICHIGAN CEXTBAL HAUBBIIW
Numbering thirty flnbclaa* staunch and steen* st*am
era, offer to the commercial public, the fbnovmrerl
dently gepertor facilities for the transportaaon « mer
chanolse and produce toted thus the Eutern, West
era. Forth era and Southwestern States. The Cetn
puny’s unequalled CANAL faculties, cantisting of
ISO Canal Boats,
Of the largest class, six of which leave Sew York and
Buffalo daily, connecting at Buffalo with the following
FropellferLlnea: *
THE WESTERN EXPRESS,
(Owned and operated by this Company) wQZ nm over
the Few York Central EaKroad toßuttalo, connecting
With the various leading W&t, *.n<\ -with the
following Lines of frepellen oa me Upper and Lower
Lakes:
The Ijppcr Lake Lint Daily.
W. T. Ce. Steamers. B. C. AC. Line Steamers.
XOSAWANDA, FOUNTAIN CITY, i
FREE STATE, WEKONA,
MOHAWK) MENDOTA,
PLYfflOlxU) EVERGREEN CITY,
NEFTTSE, GALENA,
KAYELOWEB, CHICAGO.
Leaving the dock at Erie Basin, and foot c( Michigan
street, every evening at 7 o'cloifc. For freight or pas
sage, apply at the Western Transportation Office. Erie
Basin, and the Buffalo. Cleveland and Chicago Line
Office, foot of Michigan street.
The Detroit Line Daily,
Via Forth Shore direct, connecting at Buffalo with the
Few York Central, and Buffalo, Few
York and Erie RallroadA *
MlSSOtBl) DUNKIRK,
ILLINOIS, CONCORD,
SAGINAW, MARY STEWART
OMAR PASHA.
Leaving the dock, Erie every evening, at 7
o'clock. For freight or passage apply at the Company's
Office, Erie Basin.
Cleveland , Toledo, Sandusky
and Green Bay Line.
Central Railroad Steamers,
EQUATOR, EQUINOX,
ABATES, EUPHRATES,
ECLIPSE, COMET,
ROCKET, MARQUETTE,
CUYAHOGA, OBONTES,
FOREST QUEEN,
Leaving the dock at Eric Basin, at 7 o'clock P.IL For
freight and passage apply to f. D. Bole, Agent, office
foot of street.
For bill* lading and contracts by Canal or Railroad,
apply to the following Agents:
IVEBETTCLAFx*, No. I Coen tics Silo, Few York.
HUGE ALLEN,
A. COLSON. No. 9 Astor House, Few York.
B, G. CHASE, 118 Pier. Albany. N. V.
a G. CHASE, 191 Hlvsr street, Troy, N. Y.
J.L ELTID&CO. HurdV Dock, Detroit, Mich.
J. J. Ta LLMADG E. Mississippi and Fralrie Du Chlea
Railroad Dock. Milwaukee.
E. A BU 0 E. Green Bay, Wls.
W. F. HXJKD, Boston,
Wcstcm Transportation Co. Erie Buffalo.
CONSIGNEES:
BOFD & MORRIS Cleveland, Ohio.
DENNISON B. SMITH A CO„ Toledo, Ohio.
"W. T. DILL. Sandnsay. Ohio.
JOIIN H£.\BF A CO., Eno. Fa.
DDTTON A RAYMOND, Racine, WTi
KENOSHA PIER CO., Kenosha, Wla.
"W. H. WEIGHT * CO„ Waukegan. 111.
J. F. KrRKT.ANTi, Sheboygan, wls.
C. Y. RICHMOND,
Down Freight Agent, Forth Dearborn street.
J, W. TUTTLE, Up Freight Agent,
Foot of Stale street, Chicago, lIL
apil-pscff-ocn
THE
Northern Transportation Co’y
OF OHIO
Is prepared to transport property between
Boston, nil Points in Sew England, Sew York
and the West,
tv ith promptness, care ani dispatch.
This well known line of Fourteen First-class Screw
Steamers, connects at with the
Bftilrnad for Boston and all Feints in Kew
England;
At Cape Vincent with the
Eailrpftd and PropoQor Line between Cape
Vincent and Kew York,
And at Oswego with a
LIKE OF 25 FIRST CLASS CAKAL BOATS,
Between Oswego, Troy, Albany and New York,
Forming a DAILY LINE from Boston, New York.
Ogdens'■urea. Cape Vincent and Oswego to Cleveland,
Toledo and Detroit,
AND ATEI-WSZKLT LINE TO
Chicago, Milwaukee and Intermediate Ports.
AGENTS
J. Myers, 191 Broadway. Kew York. John Hock
ing, 7 State itreet, Boston. Geo. A. Eddy, Ogdensburgh.
H. -i.Crcvoin.CßDO Vmcent John If. Crawford. Oa-
vrco. Peltcn & Breed, Cleveland. Walker *Hayea,
Toledo. E. K. Mathews, Detroit. O. J. Hale, Milwau
kee. Taylor. MarrayACo., Racine.
CLARY & HOWE, Agents,
Foot of Korth Lasalle at., Chicago.
BUFFALO, CLEVELAND
D AKD
1862 Chicago Line. IBS 2
For the ensuing eeasou of navigation the steamers
of ibis Una will run in connection, and on alternate
days, with these of the
WESTERN TRANSPORTATION CO.,
Chicago and. Buffalo,
Teaching at Ictcntedlite ports when practicable, sad
fanning a
DAILY LEVE
(Bandars excepted,) for the transportation of Freight
end Paeseßgers
6., C. &C. Line Stmrs. W. T. Co. Steamers.
FOUST AIK CITY. MOGATTS,
GaLSNA, , FP.KB STATE,
WLWOKA, T'JSaWaKDA.
MKNDOTA. PL»M lOTH,
CHICAGO. MAYFLOWER,
EVERGREEN CITY, NEPTUNE,
Banning tc connection, &t Baflalo, with
NEW YORK CENTRAL RAILROAD. WESTERS EX
PRESS, SPAULDING'S EXPRESS, UNION
EXPRESS;
The Western Transportation Company, and Troy and
Erie, and Troy and Westers lines of Canal
Boats, on the Erie Canal.
At Cleveland, with
CLEVELAND AND PITTSBURGH RATAROAP.
The Steamers composing this llao are of the largest
size, and of great strength and speed, with superior
accommodations for Parseogers.
ft ith these nneqailed facilities the line la prepared to
contract to transport property irom New Tort. Bos
ton, Albany. Troy, and all ibe principal points on the
line of the New Vorfe Central Railroad and the Erie
Canal, to the ports on the West Shore of Lake Michi
gan : and f»om those porta to Cleveland, BoShlo, and
filpolnt* East
For rates of freight and panic? apply to
JOHN H HOBS. Agent K/T. C. Railroad. Ho. 239
Broadway, N. T.
Bt'Oß aLLEH.) AgtsWrgtfn Transportation Co-
A. COLBUH. 5 No. 1 Coenues SUn, H. T,
hi. B. BrAuLUUIG, Spaulding’s Express. H0,2 As
ter Bouse, H. T.
J. B. wiLGCS & oo„ Proprietor of Union Exp re*,
Nr. Ac Broadway. S’.Y.
W. C. BICE, Agent Troy and Erie, and Troy and
Western Lines of Canal Boats, N0.7 Coentlee Bop, H.
Tors,
tf. G. BIDDER. Vo. 69 Washington st. Boston. Ha*.
W. F. HTTF.n, Aernt W.T. Co_ Boston.
A. A. WEiIPLs, Agent New York Central R. R,
tfhsny.
E. G. CHAf B. AcentW T.Co.Tror and Albany.
■J. A. J. SPRAGUE, Agent V. T. C. K. S, Troy. 2T.
rprk
BOND * HGBHIS, Cleveland, Ohio. _
WiL C.&P.R.B, Pittsburgh,
>a.
J. L. HTJED A CO, Detroit. Wch.
j. j. Ta t.t.m ATXrR- Milwaukee, ifla.
SHELDON PEASE. HattagingAgt M
Office foot of Michigan street Buffalo.
O. T, BICHROND,
Agent for Eaecwam Bound Freight, Office foot of
Norih Dearborn street Chicago.
J, W. TUTTLE,
Agent for Bound Freight, Office foot of
Stale street. Ch'caao.
A. A.BA3DPLB I
Passenger Agent, Office Vo. 6 North Clark «tr©et,
Chicago. apS-pSS-ffin
f\LD O'TVEGO LINE TRANS
\J PORTATXOV COMPANY FOE IBSI-Faffing
Dane * Co, Orwe#o; F. 6. Dane A Co, I£o Broad
soeet Hew York, proprietor*.
1 hr osi'cnSgraii. as in au of the above old wilt
1-rt.; m«n t.ivt- wiifcootract freight at the low*s
r«t(« from chlraso. by Lake and Caoat, to Eastern
market*. Aho heavy freights from Eastern points
Westward rr.fß root* via Osar go la cot only the
host XXP2DITLOX7S. but avoids &U rise of oaxaii
nsnans west ol sjracu«e. The Company have *n ex»
ttrove Floating Bitvator, with apparatus for olowlng
stain,'at Cfevmo, whh which taey transfer gram,
shipped by tnis line, from rowels to cao»l boats, with
out going into Store ,
WRIGHT A WUITVB k .Agents,
Office Vo. i, Pardee's Boil ding. 2a woryiiiO Room Water
afreet, comt r of Walla street. ep3l-p7il-3m
SUPERIOR.
CHICAGO AND MILWAUKEE
AKD T.ARR SUPERIOR LZREi
On the opening of navigation,
A FXEST CLASS STEAKEB
WIH leave ocr Dock for the various porta oc Late
Snooior, wJ'iiy at Mackinaw and Saalt SC. Maries
Balling dayswmbe given hereiner.
A. HABVST A CO,
Sf»U-p3»<m »6 and «» South Water etrert.
1862 CCJLEY & HOWE. 1862
Shipping and
COMMISSION MERCHANTS
For the pnrchaae of Produce tn this market, and
(or me Northern Transportation Company of
* OFFICE AND WAREHOUSE.
Fool of north Lasalle Street) Chicago.
tapopSS^a:}
1862 OUTBEB & €O., 1862
RHTPPTIT& ABD
COMMISSION MERCHANTS,
AM prooriews of the Northern TnaapocttOga
tjk* 0 n (Hf, nunoia and ifldHgaa CacaL Between Cld
cum uui ootot* oa the Il'iaota Birer uki Bl Loaiv.
our ovs facTtttee on the Tniwols Btver, we
&jv pß&bteA to glee despatch to property mopped by
Office—Foot of KorthLasa' lest. Chicago. aptp6t-3m
hoofing iHatetials.
ROOFING! EOOFINGII
ROOFING!!!
BABBETT, POWBXiIr St CO., *
PELT ASD COMPOSITION ROOFS,
. . And Deals ■ ia.
Bopflug HaterXaLand Coal Tsr.
We are prepared to take coaS*actaftwßooflogtaaay
portion or the Northwest; orfttnxtoh afateelajs with at
' BABSETTS BOOPIMG
Sail stood a twetre years teat to Chicago, and la a*edl»
sQ fini dan bnlxatnga.
Oflee He. 8 USasoik temple, Chicag*.
Scales.
’C’AIKB ANNS’ STAND ABD
r ] SCALES WT ALL KI9BB. -
Fairbanks At Greeoleot
m maBTBBKTi frnrwL .
DETROIT AND CHICAGO
i-/ RAILROAD LINK.
Os end after Mosn.iT. May sth. the Michigan
em Raltroad Company will nm a psssenzer i<n* be
ttetn CbicsrosaaDctraiL via Adrian, wl*hoatchxaza
of cam, makng direct connection* with an
lines from Detroit.
Elegant coaches. with raised vcnJHled 100 C and
Satebun Dusters, will nm through on day trains.
Luxcrious slcep.ng car*, of iheiatest improvement.
™ run through oa mzht trains. The distance is
*norier»hfn by a.r,y other nee. The time and rate* of
fare viu he the £atu« as oa otcer notea.
Leave Chicago tvl tAj M. and 7>3 P. iL Arrive la
Tickeieeoldataataenrirerijii t'cSet offices Jn the
Northwest Also, at the Ojmpiny’a office. 51 Clark
street. tnd st the Depct, c*znerVzn Barea and Shar
naa»tKetß,Cbcssa „ E. e. sawyer,
nv , C-»j7Sm General Passenger Agents
r'BICAGO AXD HOCK ISLAKD
V_/ KAILROAD.—Cm\:ri»B ov TPCE.
Summer Arraazasrrr.i.roni'aenrjDgSußday. May 4a*,
V®. Trims leave Chicago, Day Express and Mail, Sun
days, eic-iffed.thCOA.B.; Night Express, Saturdays ex
cepted. wo p. mz -Toilet iccommodatloa, Sundays ex
cepted. p. x; Through Trains unre6£d A.l.and
Joliet ACComraadatloa, 943 A,if. -
1861 —WINTER ARRAN SS.
MltUgin Ssutkera »d Lake Skcre
RAILROAD.
On and after SUNDAY, Hot. Sd, and g»tn farther
uotice, wains wui leave Chicago as toUowi!
Ksw YOSZ Pat Ezpsos*
7 00 A. M. daily (except Sunday), via Old ICeUaB
BgaA;eomeetfay at Elkhart with trataondS
Maeßoad. rtWntta Pigeon with train for Oh*
Rivers, at Adrian with wains for J action, at A#»
Une Junction wttb trains for Monroe xsw
trolt.
Ifeezr Bzpssaa: _ _
7SOF.M. daQy (except Saturday), via Old lom
at Air-Line Junction wflft
Trims arrive from the Bast at lOcB A. M. andn P, M,
All the above trains make regular connections ta
Dunkirk. Buffalo. Niagara Falla, Albany, Few Yoflg,
Boston, Baltimore, and all points Sait.
Luxurious new Sleeping Coaches, with all modest,
improvements, ran between Cleveland and Chicago
without change on Fight Trains.
Through Tickets can be obtained at the CompoM
Office, 56 dark streetundar the Sherman House, or ag
the Depot, comer of van Berea and Sherman ctreetL
JOHN D. CAMPBELL, H. E. SAWYER
Genlßnph, Toledo. O. GeulWeateraAfft.
w. T. Co. Steamers.
TUICHIGAN CENTRAL RAIL
UJL BUT)
SBKAT CXSTRAL BOUTS TO FEW YORK. HEW
ENGLAND AND THE PAVAHAR
Os and after SUNDAY, May 4th, TCRj , Trains leave
the Great Central Union Depot, foot of iAke street, aa
follows:
L-00 A. SL- (Except Sunday) arrives at De*rolt at &iQ
e. iL, Sospenslcß Bridge at 4KB A M- At
bany 3£qi F■ a. Few York 9rf»P.lt3ofr
ton 11:30 P.M.
7A) P. IL—(Except Saturday), arrivta at Detroit at G4D
A. iL, SuspenslOß Bridge 5:15 P. m_ Albany
WD A. bL. Few York IOKJj A. M_ Bcstoa.
2JO P. M.
Cincinnati Traiiis via M.C.Halirosd leave Chlcagc at
7W A. Mall Train
Cblcaigo at 8:13 A. 3L, Fast Express: at 3:15 P. iL, Nighs
Mall Train.
The 7:30 p. m. Train leaving Chicago runs through to
Cincinnati without change oi can or baggage.
Salisbury's Patent Dusters are nm onDsy Szprea
Trains. Patent Sleeping Cars on all night trains.
gW Baggage Checked Through. _£|
Tssoron Tickets for sale In all principal Railroad
Offices in the West, at the General Office, corner Lake
and Dearborn streets, (under the Treaont Housaj Chi
cago,andatthc Depot.
R. f. RICB, General Superintendent.
J. W. SMITH, WestemPasa. Ag*L
pEICAGO AND MILWAUKEE
V 7 RULHOAD.
I-Q2 Uiz.'R’xrxzx. La Cnoss*. Rr, Patt. oamosa,
BULZV, AST) ISTXXXZDtiTH POINTS.
On and alter MONDAY, May sth. ISS2, finesinr
Trains anil leave the Depot, comer of West Kinvm and
Canal streets, {Btmdaya exceptedJ as follows:
6:15 A. M. and 9.-0 P. M, ana arrive at Milwaukee at
A.M. and 12£3 P.M.
Passenger Trains arrive at Chicago at IL3O A. U. and
6:IS P, M.
Wimour Armwfmmns Train leaves Chicago
at 5*C P. SL, and arrives at Cblcaso at &c A. U.
mjs s. c. BALD A' Dr, Superintendent,
H.REAT CONSOLIDATED
VJ LINE!!
CINCINJSATI AND CHICAGO
AIS-USS RAILROAD,
Foity Miles the Shortest Bonta to TnAliw
. polls and Loulsvllla.
TRAINS leave West Side Union Depot, Chicago,
dally, as follows:
7.C0 A. M.—Day Erprwaand Mail (Bendays excepted^
T.SOP.SLN’ght Express (Saturdays exceptedj
Arrive at Cincinnati at 9.30 a m. and 9.00 P sc.
BouTsnas CosaneonoK*—At Indiana poos tor PT&ni-
Un. Columbia. Madison. Lawreaceburg, JeffersonvlU*
and all points in Central and Southern Indiana: alac (or
Louisville, Frankfort, Lexington, aadail points Booth.
Easts ns Cossxc’iios a—At ah demon aaa icam osd
{or Peon*. Urbans, Daytoa, Xenia, Columbia, and ag
points In Central and Eastern Ohio.
Connections at Ctntina&a for Hamlea, Marriott*
Parkersburg. and noises on the Ohio River
through tickets or this line can do obtained at afl
principal Ball rood Office* in the Northwest, and at tha
Company's Office. No. IBS Randolph street, Cbicac*
(anderine«h*rm«a House.)
JOHN BRANDT, uen.Bup, Richmond, InC.
CHAS. FOLLETT, Gen. Ticket Agent, Utnhoood, lad
SAM A. L&WIS, Wes’n PiibS. Agent, Chicago.
pHICAGO, BURLINGTON A
V-/ QUINCY BAILED AD.
Passenger Trains leave and arrive at Chicago u ft*
lows:—Day Express and Mall leaves Chicago at M* A.
IL, (Sundays excepted.) arrive? at P. SL, (Sundays
excepted.* Night Express'eaves Chicago at 9: o P.JL
(Saturdays excepted.) arrives at 7*o A. &L, (Mondays
exceptedj Mcndota Accommodation leaves Chicago
at 5:00 P. M., (Sundays excepted.) arrives a, 1(1 GO A. M*
on days excepted) C. G. HAMMOND, Bopl
CHICAGO AND NORTHWEST*
KJ KBS RAILWAY.
For Rockford. Beloit Freeport, Jaaeardie. Galea*
Dcnlelth. Madison. Prairie du Chlsn, Fond ds Lac, (M
--tosh. Watertown. Green Bay. Berlin. Span, La Crocs*
at PasLAc.
TRAINS LKAVB A 2 FOLLOWS •
Day Express 920 A. iL (Through without chaxge
Nlgbt “ S-.00 r. M. ( Of cars. ~
Cars connecting at Prairie du Chian and La CrocM
with steamers lor St Paul, 4c.
Trains arrive at 9:15 A. M. ana ft!s P. M-
GSC. L. DUNLAP, But.
SL Dr Witt Bobissos. Gen. Ticket Agent. 001*1
PITTSBURGH, FT. WATNS A
A CHICAGO RAILWAY.
Paseenge Trains leave the Depot, oomer of HaCaCft
and Canal streets. Chicago, dally at
7 Or a. M. Fast Ltne. (except Sundayu
7u® P. U. Night Express, (except Saturdays^
M&F V A<'CflmTr>(vlatl<m fnv w^i^raiae
Arrive at Chicago at 8.13 A. M. and 8:15 F. U.
For Boston, Heir York, FMLulelpfela,
buidiobi, visHErcm,
SarrUbnig and Pittsbuga
Also—Fos albaitt. Bcttaio, Dusxznt, ctmua
CoLTHBira, CnrcmrxTi, Dxttozt,
And aR intermediate Stations between Chicago
the cities above named.
Seeping Can on night train*, and baggage by ®g?
rontc checked throage to all Eastern Cities.
Bat one change of can between Chicago as* S. TKS
via Allentown on train leaving Chicago at 7:39 F. au
Tickets for Bale at the principal Ticket Offices in tBS
West, at the Company’s Office, corner of Bandotnhjei
Dearborn streets, and at the union Depot, WedSC*
vfficago. wm. P. BHUTH, Gen. Pass. Axial
aTHOLLZDAT. Ticket Agent.
1862. _ 1863,
PEJTSSYLYAAIA t'ESTRAL S.
285 HUM DonUe Trade*
OS A FIRST-CLASS BOUTS,
FOB SAFETY, COMFORT AHD 8FBS»
ToaJltbe Eastern OitlMl
TEB TRACK X 3 BTOHB BALLAfIBEE
AJTD ESTIRSLY FEES FROM DUBTI
PITTSBURGH TO PHILADELPHIA
Orta clow c tnotamj
4LL 0057
THROUGH PHILADELPHIA,
And close connections at Earriaburgh tor
BiLTmORE iHS V&SHZaOW.
FROM PITTSBURGH TO HBW YORK
One train rose dally (ISO mCcaj
YIA ALLENTOWN. WITHOUT CHANGE OT OAtt'
irrlrta* f* idruM of d Mk«r Knkft
EIGHT DAILY TRAINS FROM
fSOsIDELPOLI TO HE* TOIUL
Tickets fin* Sale ta Boston by Bout or'Eaflitaa.
BoatTlckra good on any of the sound Unca.
PASS TO ALL POINTS AS LOW AS ANY BODW
SLEEPING CARS
OV RIGHT TRAINS TO
pmODELPHU,SKW TOK&fc lALTIWOM
BAGGAGE CHECKED THROUGH AND TTtaet
By this Route Frelgnti of aUdeacrtpciotti.eaa H*
wanted to and from rffiUadelphla. Hew York, Bases
or Baltimore, to and from ani point on the trilb oaa
of OtU6, Kentucky, Indiana, lllmoU. WlacoaSa, lUfh
or kOßßonri. sr Dinner.
The rexLuytTßCia central hail Road ala* cooneoMM
Pittsburgh with Bteamars, by widen Goods can be tte
warded to any part on the Ohio, Muakd&gua. Is
Cocky. Tenaesaee, Cumberland, iffiooti, mImHIiiM.
Wisconsin, Misoori, Ksthws. At tana as and Red Btetes
and at Cleveland, Sandusky and Gnicago with Wsi
era to aQ Ports on the Kortn-Weatera -
Merchants and Shipper* aitrusUng the
tton of their Freight to this Oocmaay, caaraty wgfe
confidence on its roeedy tnastt.
THB RATES OF FREIGHT to and from ureaS
m the weet by the Peoosylvmnla Central Bali Ban*
asxaT aiATmakarAvonaaiJi A»as*oeasasPS
oxßxn nan. no*» cospasna.
fr Be Mrticulsr and mark package* “ via FssMt
Cxhoalu Bl" _
For Freight Ooofraca or Snisptng DCwao«.»Mr
to or art lima of the cduowuuc Arab #? K
A OO- ChlcMO, DEnoa.
D. a.BTSWAHT._gfelght Agsct. Pttt»lw»Kfc.
ra.*RSg A CO- Transfer Agcata,
H. w BBOWW & CO, CinHnniUt. Ohio.
&C. HKLDBUM * CO, MartWtfHl T«hW«»a
j. E. wnoRK Loalsrlßa. Ky.
W. W. AIK it AH A CO- BraaiTlDß, I*4.
5. LotdaM£
W H_ *B. L. 1-ANGLKY, GampotU, 0M&
C. B.KEKL.PmrtetMßrg, Vgytßta,
HALL AGO, lUnetu. Ohifl.
H. 8. PIERCE A CO- ZueSTllle, UCOOI
HcDOWELL A MoCOLM, PoAMtfL QktC
& McHKELY, UanrtUa. Ky.
J. P. JOHK9ON, Ripley. Ohio.
JOHN TODD, Coringtoa, Ky.
6. L HSATOB. ClevelaacLOhio.
B.C. MSLDBDlL&mecaiTeayeDlßC Agect ftcfft'
South anawess.
woven BiFuan wm; *°°uai mvEgc
cageous route tor Ure Stock*. C»pso*<re YardStjaa
Fiteted and supplied vik swy wawflfaa, tin
->eea opened cm cSs tm» sad anaeTtfj
ittentioc ia paid to tbeh «o« x rromasxmbeitt
where wd2 be found grery eocyvalenoe tor toatagijj
>rfnin - Aotee la o'Jered of the t'HiiJtDPJPA
TMbvSB
ilee be found the shortest, Qlckest tod most Street
'oute for Stock to Pew York-Tria. ADttfcrwmV>«SFt
with fewer efcuzes than say other,
fxocs LEWts.6eal6sp*t. Altoona, Pa.
u L. HOUFT, Genl Ticket Agent. PUladema&
H. H- HOUSTON. Gen". Freight Agent, Pfcfiafetal*;.
■ Ul-CTB-ls • ' " '
pffICAGO 4k ROCK “ISLaHU
V> BAn«RUAJ>.—Chihoa or Tm-wiuat Aa
■angecent, commencing Sunday. Nor.l7tfi.lfia Tsafiir
aaxt Chicago: Day mini and Mafl. Sunday* as
*ptod. 1236 A. it; BWTb**. Batsrdey?
iWB P. K; Joliet T Sundays «*«■*»*
•iOF.li Through Train* artlre: fclS A. ItSßd**
p. V.r IdlM Accommodation: tjt a 1C
G<vl,KMa A CHICAGO OHIO®
RMT.KD hT?.-gmm
ua aso after MONDAY, Hay i»bJSS«2SSSr
reete we» see* DeM * ;
.gatepotott.”*» JraSm mm* J«aewffig tPtf?
« M W}
»K.WBBSW®. <W - r *" eD ** A, '“’ **'
ffcailroatrs.
JOHN F. TRACT, GcnT Sap’C
THE
(with Its connection*)
THBSB DAILY TRAINS FROM
DIRECT TO NSW TQK
FREIGHTS:
LIVE nwx<