USA > Illinois > Illinois, historical and statistical, comprising the essential facts of its planting and growth as a province, county, territory, and state, Vol. II > Part 23
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JOSEPH MEDILL
MILTON HAY
JOHN DEMENT
ELLIOTT ANTHONY
REUBEN M.BENJAMIN
CHICAGO.
FERGUS ATG. CO.
OR
AS NY
LI BRARY
T
789
THE CONSTITUTION OF 1870.
and alleys; county-seats; township affairs; practice in courts; justices-of-the-peace and constables; changes of venue; incor- porating towns or cities; elections of supervisors; juries; com- mon schools; interest; elections; sale of real estate of minors; protection of game or fish; ferries or toll-bridges; remitting fines, penalties, or forfeitures; changing fees of public officers during the term for which elected; the law of descent; railroad charters; the granting to any corporation, association, or indi- vidual any special or exclusive privileges. It was under some one of these heads that the great bulk of private acts passed by the preceding legislature might be included.
The general assembly was also prohibited from releasing or discharging any county, city, township, town, or district from its proportionate share of taxes levied for state purposes; it should not impose taxes upon municipal corporations for cor- porate purposes; neither should it have power to release or extinguish the indebtedness of any corporation or individual to the state, or any municipal corporation therein.
Thus far, nothing original had been attempted, nearly all of the prohibited subjects for legislative action having been in- cluded in the same article in the constitution of Indiana in 1851, and in the revised constitutions of Maryland in 1864, Missouri in 1865, and Florida in 1868.
While, however, the restrictive provisions of the constitution of 1870 are more extensive and complete than those engrafted upon the fundamental law of any other state prior to the time of its enactment, the preëminently distinguishing feature of that instrument is to be found in the new departure made in com- manding the legislature to enact laws upon certain subjects specifically designated. These were: for the protection of miners; for the construction of drains; liberal homestead and exemption laws; and, yet still more important, in regard to cor- porations, railroads being declared public highways, and the gen- eral assembly being directed to pass laws regulating the same and to establish reasonable maximum rates of charges for the transportation of passengers and freight thereby. Another original and important article was that relating to elevators and storehouses, declaring them to be public warehouses, defining the obligations and responsibilities of their owners, and provid-
790
ILLINOIS-HISTORICAL AND STATISTICAL.
ing for their regulation by legislative authority. The same article also directs the general assembly to pass laws for the inspection of grain, "for the protection of producers, shippers, and receivers of grain and produce."
The adoption of these mandatory provisions was opposed by the leading lawyers of the convention, who contended, strenu- ously, that they were properly subjects exclusively for consider- ation by the legislature, which needed no prompting, and that the incorporation of such provisions into the fundamental law was ill-advised. Their adoption, however, was demanded by many and numerously - signed petitions, which were supplemented by agitation on the part of the agricultural community, out of which ultimately grew the celebrated "granger" legislation with its resultant litigation in the courts.
Such was the condition of the public mind on the subject of the alleged extortions and unjust discriminations of railroads and the unfair treatment to which farmers were subjected by handlers of produce, that the legislation required by these mandatory provisions, in the direction of curing the evils com- plained of, would have followed whether they had been incor- porated in the instrument or not. But what would have been the result in case the succeeding legislature had been antag- onistic to the policy thus marked out for it to pursue, and had refused to pass the laws required, is an open question which did not present itself. Of course the members would take the prescribed oath to support the constitution, but, having before them the example of Gen. Jackson, who claimed the right, as president, to interpret the constitution of the United States for himself, each one might place a different construction upon the duties required and no resulting action follow. A constitutional enactment can confer no power upon the legisla- ture which it does not already possess, neither could penalties be enforced against a member for non-compliance with its requirements any more than against a juror who, having taken an oath to well and truly try the issue joined in a given case, fails to agree with his fellow-jurors upon a verdict. The utmost that can be done against a legislator whose action has tended to defeat a mandatory provision of the constitution, even though it has been endorsed and ratified by the people, is to
791
THE CONSTITUTION OF 1870.
refer his conduct back to his constituents for such future action as may be deemed advisable.
By the action of this convention, the State of Illinois, for the first time, followed the example of several other states in making the establishment and maintenance of "an efficient system of public schools" by the general assembly a constitutional require- ment. Indeed it went much farther than most states in declar- ing that neither the legislature nor any city, town, or district should ever make any appropriation from the public fund in aid of any church or sectarian purpose, or to help support or sustain any school, academy, or college controlled by any church or sectarian denomination.
Besides the foregoing, the new instrument contained the fol- lowing original provisions: declaring that the Illinois-Central Railroad should never be released from its obligation or liability to the State under its charter; that the Illinois-and - Michigan Canal should never be sold or leased without a vote of the people authorizing the same; prohibiting any city, town, or other municipality from ever becoming a subscriber to the capi- tal stock of any railroad or private corporation; establishing the principle of minority representation, under the operation of which each elector may cast as many votes for one candidate for the general assembly as there are representatives to be chosen in any one senatorial district, or may distribute the same, or equal parts thereof, among such candidates as he may prefer. The same principle is extended also to the election of directors or managers of incorporated companies in this State.
This innovation upon former methods of electing representa- tives originated with John Stuart Mill -the eminent English sociologist - and was fathered in the convention by Joseph Medill, for so many years the able and distinguished editor of the Chicago Tribune.
Under the old constitution, there was a period when nearly all the representatives in the legislature from the southern por- tion of the State were democrats, and all from the northern, republicans. Under this provision, representatives from both parties could be elected from all portions of the State. Although efforts have been made to adopt the same principle in other states, they have not succeeded, except that in its application
792
ILLINOIS-HISTORICAL AND STATISTICAL.
to the election of directors by corporations it has been adopted in the states of Pennsylvania, Nebraska, California, West Vir- ginia, and Missouri.
The constitution of 1870 also interposed more effective bar- riers against the inconsiderate passage of bills. The require- ment that every bill shall be read at large on three different days can not be dispensed with by a three-fourths vote as in the former constitution, and all bills and amendments are required to be printed before the vote is taken on their final passage; only one subject can be embraced in each bill. These provisions have been strictly complied with and have been effective in preventing an untold amount of hasty, ill-considered, and fraudulent legislation.
In the oath required to be taken by the members of the general assembly, an obligation against bribery is substituted for that against duelling, prescribed in the constitution of 1848-the latter practice having "fallen into innocuous desue- tude" as the "code" waned in influence before the advance of a higher civilization.
In the administration of the executive department some radical changes were made: the restrictive provision which rendered a governor ineligible to reëlection for a second consec- utive term was omitted; the influence of the veto power was extended by requiring a two-thirds vote of both houses to over- ride the objections of the executive, instead of a bare majority as before. An attorney-general and a superintendent of public instruction were added to the list of state-officers.
In the judicial department, in addition to the supreme and circuit - courts already established -the bench of the former being increased by the addition of four judges-appellate and county-courts of record were provided for.
Other changes, as important as they were judicious, consisted in leaving the compensation allowed to members of the general assembly, the governor and other state-officers, and judges to be fixed by the legislature; and in providing for the readjust- ment and regulation of the fees and salaries of county-officers. The reasons for this step have been already indicated.
Another alteration, the reason of which is not so apparent, was that which left the sessions of the general assembly un-
793
TABLE OF STATE CONSTITUTIONS.
limited as to length. As will be seen by reference to the following table, a majority of states have thought it wise to adopt a different rule.
The first general assembly-the twenty-seventh-which con- vened after the adoption of the new constitution held one regular, two special, and one adjourned session, extending in all over three hundred days. While much extraordinary work was thrown upon the body by the new instrument under which they were acting, it must be admitted that the time consumed in doing it was unnecessarily prolonged, entailing great expense upon the State.
The next legislature, with the labor of completing the revi- sion of the statutes on their hands, continued in session 204 days; and since then, with the exception of the 100 days' session of the twenty-ninth, the sessions have been continued from 140 to 170 days.
With all power of special legislation taken away and the passage of general laws covering every conceivable subject of legislative action, there does not seem to be any good reason for these long sessions, exceeding those of nearly every other state. It may be questioned whether there has been a session of the general assembly since the twenty-ninth, where the work could not have been just as well accomplished in 100 days. As a matter of fact, if allowance be made for the absenteeism of members-without loss of pay-which has not infrequently amounted to two and three days per week, the actual work has been performed in a much less time than that.
These unnecessarily protracted sessions tend not only to open the door of corruption and greatly to increase the rate of taxa- tion, but also to deter the better class of citizens from seeking or accepting seats in a body, service in which requires so great a sacrifice of time that they might more profitably employ in their ordinary business or professional avocations.
The people generally express their satisfaction when the legislature adjourns, and congratulate themselves upon their escape from the possibility of legislative evils for at least two years to come.
Forty-eight new constitutions have been proposed since the rebellion, forty three of which were prepared by regular con-
5 I
794
ILLINOIS-HISTORICAL AND STATISTICAL.
ventions. Eighteen of these were reconstruction instruments, of which eleven only were adopted and approved by congress. Of the thirty others, three were rejected, leaving twenty-seven new constitutions adopted since 1864, exclusive of those in the reconstruction states.
The annexed, comparative table of the constitutions of the several states will be found as useful for reference as it is inter- esting:
LEGISLATIVE
EXECUTIVE
JUDICIAL
State
Dates of Constitutions Last One in Force
Sessions
No.
Dnyn
Pay How Fixed
Provisions
Special
Legislation
Years
Required
to over-
come Veto
Term
Years
Ala.
IST9, '65, '67. '75
biennial
50
Const. $4
full
2
majority
the people
6
Ark.
biennial
60
law
full
2
majority
the people
8
Cal.
1336, '64, '68, '74 I849, 1879 1875
biennial
90
law
full
4
33
the people
12
Col.
biennial
40
law
full
2
the people
9
Conn.
1776, 18IS*
annual
-
Jaw
none
I
majority no veto
governor governor
life
Ga.
1777, 89. 1865, '68
annual
40
law
partial
4
governor
12
Idaho,
I889
biennial
60
C., $5
full
4
35
the people
9
Ind.
1818, 1848, 1870* 1816, 1851* 1846, 1857*
biennial
-
law
full
2
the people
6
Ky.
1792, 1799, 1850*
biennial
60
law
partial
4
majority
the people
8
La.
1812, '45, '52. '64, '68 IS25*
annual
60
law
partial
4
governor
8
Maine,
annual
-
law
partial
I
the people
4
Md.
biennial
8
C., $5 law
none
Mich.
1835. 1850* 1857*
annual
-
law
none
the people
7
Miss.
1817, 1832, 1868
annual
law
partial
4
governor
9
Mo.
IS20, '45. '65, '75
biennial
70
law
full
4
33
the people
6
Mont. Neb. Nev.
1866, 1875 IS64
biennial
60
law law
full
4
33
the people
6
N H.
1776, 1792*
biennial
-
-
-
C., $1 500
full
3
the people
14
N. C.
biennial
60
C., $4
4
no veto
the people
8
N. D.
biennial
60
C., $5
partial full partial
2
35
the people
6
Ohio,
biennial
-
law
2
no veto
the people
5
Ore.
1803, 1851* IS57*
biennial
40
C., $3 law
full
4
no veto
legislature
S. C.
1776,'78,'90, 1865,'68
biennial biennial
60
C., $5
full
2
majority
the people
8
Texas,
1845, '66, '68. 76
biennial
60
law
full
2
33
the people
6
Va
1776, 1830, 50, 64. 70 1889
biennial
88 60
C., $5
full
4
33
the people
4
1862, 1872
biennial
40
C., $4
full
4
majority
the people
12
Wis.
ISAS*
biennial
the people
6
Wyo.
1859
biennial
40
C .. $500 C., $5
full
4
the people
8
Dela.
1776, 1792, 1831*
biennial
-
law
none
4
Fla.
1838, 1865. 1868
biennial
60
C., $500
full
4
33
75
the people
6
Ill.
biennial
1
Jaw
full
4
majority
the people
6
Iowa,
6
Kan.
I855, '57, '58.'59*
annual
50
C., $150
partial
full
4
73
the people
Mass.
annual
biennial
-
C., $3
none
73
the people
Minn.
biennial
63
C., $6
full
4
fuil
2
3/5
the people
6
N. J. N.Y.
1,76, 1844*
annual
C., $500
full
3
majority 23
governor
life 7
Penn.
1776:'90. 1838. '73
biennial
annual annual
-
C., $6
partial
2
24
legislature
S. D.
full
the people
4
Tenn.
1796, 1834, 1870
1777. 1786, 1793*
biennial
-
law law
none partial
2
majority
legislature
2
4
33
legislature
12
Wash. W. Va.
1603. 1842*
-
C., SI
full
4
the people
6
R. I.
none
I
the people
21 life 6
none
2
gov. and council
1777. 1821, 1846*
1776, IS68, 1876 ISSO
biennial
40
C, $3
full
2
1776, 1851. '64, '67 1780*
gov. and council
IS life 8
3
legislature
8
life
biennial
Jaw
prohibiting
full
2
* Amended.
biennial
75
C., $4
the people
annual
the people
Term
Elected er Appointed by
PERIOD VII .- UNDER THE CONSTITUTION OF 1870.
CHAPTER XLII.
Gov. Palmer's Administration [Continued]- State Conven- tions, Nominations, and Elections of 1870-Twenty- seventh General Assembly-Election of Gen. Logan to the Senate-Laws- Recess and Reassembling of the Legislature-Chicago Fire-Controversy between Governor Palmer and Mayor Mason-The Liberal- Republican Party - Presidential Nominations and Elections of 1872.
T LLINOIS, in 1870, had advanced in population from the position of the eleventh-her rank in 1860-to that of the fourth in the sisterhood of states. Within the decade, over 1,000,000 acres had been added to her fields of wheat whose annual yield was 27,115,000 bushels, while her acerage of golden corn had risen from 4,000,000 to 6,000,000 - producing 200,000,000 bushels. Property, as listed for taxation at only about a fourth of its value, which amounted in 1860 to $367,- 227,742, now footed up $480,664,058. The actual valuations, more correctly estimated in the census returns, showed the pro- digious increase of 138 per cent, having risen from $871,860,282 to $2,121,680,579. Then she had 2727 miles of railroad, valued for taxation at $12,085,472; now, the returns showed the remarkable increase of 1906 miles with a valuation of $19,242,- 141. Her state-debt, which in 1860 was $10,300,000, had been reduced to $4,890,937, and there were sufficient funds in the state-treasury, available for the purpose, to extinguish nearly one-half of it.
Her principal cities had kept pace with this marvellous growth, showing an increase as follows: Aurora from 6011 in 1860, to 11,162; Bloomington, 7075, to 14,590; Galesburg, 4953 to 10,158; Jacksonville, 5528 to 9203; Peoria, 14,045 to 22,849; Quincy, 13,718 to 24,052; Rockford, 6,979 to 11,049;
795
796
ILLINOIS-HISTORICAL AND STATISTICAL.
Springfield, 9320 to 17,364; and last of all, with the most gigantic strides toward the first rank of American cities, the population of Chicago had increased from 112,172 to 298,977- a growth unparalleled by any of the great cities of the Union.
Although 1870 was what is commonly designated as an "off year" in politics, there was no lack of activity in political Circles. At the republican state-convention, held in Springfield, Sept. 1, 1870, Gen. Logan was renominated for congressman-at- large, and Gen. Bates for state treasurer, both by acclamation. Newton Bateman was also renominated for superintendent of public instruction on the first ballot. Elmer Washburn and Casper Butz received the nomination for commissioners of the penitentiary.
The platform reported by the committee on resolutions, of which Horace White was chairman, contained at least two remarkable planks. After heartily endorsing the administra- tion of Gen. Grant and congratulating the people upon the adoption of a new constitution, the following deliverance was made upon the subject of internal revenue and the tariff: "That it is wrongful and oppressive for congress to enact revenue laws for the special advantage of one branch of business at the expense of another; and that the best system of protection to industry is that which imposes the lightest burdens and the fewest restrictions on the property and business of the people." The other extraordinary resolution related to the removal of the national capital and ran as follows: "That as the natural and inevitable place for the capital of the republic is in the heart of the Mississippi Valley, and as its removal from its present inconvenient and exposed locality is only a question of time; we oppose all further expenditure of public money for the enlargement of old government - buildings or the erection of new ones as a useless waste of the treasury of the people."
No republican state-convention has ever gone so far in the direction of a tariff for revenue merely; and the project for the removal of the capital received its first and only favorable mention at this convention.
At the democratic state-convention, which met at Springfield, September 14, Gen. Wm. B. Anderson was nominated for con- gressman-at-large; Charles Ridgely for treasurer, Charles Feinz
797
STATE CONVENTIONS, 1870.
for superintendent of public instruction; and Frank T. Sher- man and Thomas Redmon for penitentiary commissioners.
Melville W. Fuller was chairman of the committee on resolu- tions, which reported a platform, that was unanimously adopted and whose provisions were substantially as follows: demanding the overthrow of the party in power because of its committal to the policy of the destruction of the rights of the states; because of its policy of protection and its onerous and aggra- vating system of internal revenue; "because it is extravagant, wasteful, and corrupt," and "being destitute of principle is held together solely by the cohesive power of public plunder." It declared, "That the present administration of state affairs has been more reckless in the expenditure of public money than any that ever exercised the power of the State. On the subject of the tariff, it was unmistakably outspoken, as follows: "That we are in favor of free trade on principle, and while conced- ing the legality of a tariff for revenue simply, we denounce a protective tariff as not authorized under the federal constitu- tion, as destructive to the best interests of the people, and as enriching the few at the expense of the many."
The republicans carried the State, as usual, but by a consider- ably-reduced majority, that of Logan, who received the largest vote of all the candidates, being 24,672. A prohibition state- ticket, the first side issue of the kind since the days of the old liberal party, received 3756 votes.
The twenty-seventh general assembly convened Jan. 4, 1871. It not only held more and longer sessions but had a larger membership than any previous legislature of the State. It was composed of 50 senators and 177 representatives of whom 75 were democrats. Being considered too large a body for con- venient accommodation in the state-house, the senate occupied the hall formerly used by the house and the latter body sat in the audience-room of the Second Presbyterian Church, then recently erected, which had been fitted up for the occasion.
In the senate, there were only eleven members holding over, Messrs. Casey, VanDorston, Flagg, Harlan, McNulta, Nichol- son, Epler, Strevell, Snapp, Crawford, and Dore. The following had been reelected: Messrs. Boyd, Fuller, Shepard, and Tincher. J. F. Alexander, Wm. H. Underwood, Lewis Solomon, John
798
ILLINOIS-HISTORICAL AND STATISTICAL.
Landrigan, James M. Washburn, Wm. B. Anderson, Charles Voris, Alexander Starne, Edward Laning, Charles W. Marsh, Winfield S. Wilkinson, Lorenzo D. Whiting, Wallace A. Little, had formerly occupied seats in the house, and Wm. Reddick in the senate. Among the members serving for the first time were Mark Bangs, James K. Edsall, John Early, John N. Jewett, Willard Woodward, John L. Beveridge, and J. Merrick Bush.
A still smaller number of former members was returned to this than the preceding house, only 16 in all; namely: George W. Armstrong, Newton Cloud, Philip Collins, Samuel P. Cum- mings, Robert H. Foss, Calvin H. Frew, Addison Goodell, Elijah M. Haines, Thomas E. Merritt, James R. Miller, Milton M. Morrill, Wm. R. Morrison, Timothy M. Morse, Wm. H. Neece, William M. Smith, Thomas J. Turner, and Halstead H. Townsend. William Cary, Jesse S. Hildrup, and William M. Springer had been members of the late constitutional conven- tion. Among other new members may be mentioned: William A. Lemma, George W. Herdman, Thomas H. Boyd, James M. Riggs," William H. Barnes, John C. Short, Maurice Kelley, Edward R. Roe, John S. Lee, Levi North, James Shaw-the delegates from Cook County being Henry W. Austin, Hardin B. Brayton, Augustus Harris Burley, Richard P. Derrickson, James L. Campbell, Arthur Dixon, Wiley M Egan, John D. Easter, Andrew J. Galloway, John W. Heafield, John Humph- rey, William H. King, Carlisle Mason, Simon D. Phelps, James P. Root, Henry C. Senne, William K. Sullivan, William Vocke, Horace F. Waite, Rollin S. Williamson.+
William M. Smith of McLean County was elected speaker
* Mr. Riggs represented Scott County; he was elected to the forty- eighth and forty - ninth congresses, and is a grandson of Scott Riggs, who was a member of the first general assembly of Illinois and who died in Scott County, Feb. 24, 1872, at the age of ninety-three years. He was a native of North Carolina and removed to Crawford County, Illinois, in 1815, and in 1825 to Scott County, an honored and influential pioneer.
+ Occupation of senators : lawyers 22, farmers 10, merchants 5, physicians 2, bankers 2, agents and mechanics 9. Nativity: New York 14, New England 7, Pennsylvania 5, Kentucky and Tennessee 5, Ohio 7, Illinois 4, Indiana 2, foreigners 6.
House : farmers 62, lawyers 61, merchants 21, bankers 6, manufacturers 5, physi- cians 4, agents 4, ministers and engineers 2 each; retired, et cetera 10. Nativity: New York 33, Illinois 27, Ohio 21, New England 19, Pennsylvania 13, Indiana 6, Kentucky 20, Virginia and Tennessee 8, foreigners 17, other 13.
John A. Logan
LIBRA
Ny
799
GEN. LOGAN ELECTED U .- S. SENATOR.
of the house, his opponent being ex-Speaker William R. Morri- son; the vote on his election stood 101 to 75. Daniel Shepard was chosen clerk of the house and E. H. Griggs secretary of the senate.
The governor's message, an able, comprehensive, but some- what lengthy, document, was delivered on January 6.
The election of a United-States senator, to succeed ex-Gov. Yates, was fixed for January 17. The contest for nomination by the dominant party between the two principal aspirants was conducted in a perfectly friendly spirit, and the caucus was harmonious. Gen. Logan, in accepting the nomination as congressman-at-large, had frankly declared before the conven- tion that he did so with the express understanding that the position should not interfere with his candidacy for the senate. The friends of General Oglesby were of opinion, however, that the honor was due to him and they made an ardent canvass but without success-the vote in the caucus standing 98 for Logan to 23 for Oglesby and 8 for Koerner.
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