TH

CHAPTER XII.

THE CONSTITUTIONAL CONVENTION OF 1847.

HE reorganization of the judiciary did not prove satisfac tory, even to the men who had forced the measure through the general assembly. Judges Ford and Douglas soon resigned. There was danger of a political squabble over every new appointment. The Democrats had secured a majority of the judges, but the obnoxious features of the old constitution still remained. There seemed to be a general demand for a convention to alter and amend the old constitution. The Democratic leaders and papers earnestly advocated this measure, as they were confident of such a majority in the convention as would enable them to frame a constitution to suit themselves. The Whigs did not oppose the measure, as they hoped some things would be made better, and certainly matters could not be made worse. Thus, the call for a convention was carried by a very large majority. The special election for delegates to this convention was fixed for the third Monday of April, 1847, which convention was to meet in Springfield on the first Monday in June following. As a general thing, the election was conducted on strict party lines, but to this was one noteworthy exception. Morgan county was entitled to four delegates, and Judge Lockwood's standing among his friends and neighbors, irrespective of party, connected with his eminent fitness for the position, first suggested his nomination by a popular convention, and finally resulted in a joint convention of both parties, with the agreement that each party should name two of the delegates, and thus all four receive the full vote of both parties. It was a plan well worthy of imitation. Judge Lockwood and his associates, Wm. Thomas, James Dunlap and Newton Cloud, took their seats in the constitutional convention committed to no party platform, and backed by the whole vote of Morgan

county. These facts gave them a pre-eminent position. Newton Cloud was elected presiding officer of the convention, and the others assigned prominent positions. Judge Lockwood's long residence in the state, familiarity with all its institutions, and eminent official service in various departments, made him, perhaps, the most influential man in the convention in all matters which were not made strictly party issues. He was not in favor of an election of the judges by the people, or of the limited term of office, but the majority against him was too large and too decided for any opposition. The minutes of the convention give no fair representation of Judge Lockwood's work or influence in it. He made no speeches, took little part in debates, and his constant practice was to request others to offer resolutions drawn up by himself with great care. He was chairman of the committee on the executive department, and that branch of the new constitution may be regarded as his work. In the article on lieutenant governor, a recurrence of the "HubbardColes" controversy was rendered impossible, by limiting the time in which the lieutenant governor could hold the office of governor.

There were two things, which the Whigs in the convention were especially anxious to accomplish. First, to limit the right of suffrage to citizenship; the other, the adoption of some article in the constitution that would save the state from the disgrace of repudiation. The old constitution gave the right of suffrage, with some restrictions, to every white male inhabitant, placing aliens and native born-citizens on the same footing. We have seen that it was an apprehension that the supreme court would in some way limit this right of suffrage, that led to the reorganization of the judiciary of the state. Now, the controversy was transferred to the convention, where each party could freely show its hand, and make an honorable fight. Practically, the contest was over a single word, the substitution of citizen for inhabitant. Contrary to general expectation, the Whig party won the victory. The right of suffrage was limited to native-born and naturalized citizens. This was the first defeat of the Democratic party in our state history. The second point referred to, related to the payment of the state

indebtedness. By a course of very unwise legislation the state had been burdened with a large debt, on which, for several years, it had been unable to pay the interest. This was a time of general financial embarassment. Governor Ford says: "There was not gold and silver enough in the state to pay one year's interest on its indebtedness." Moreover, the money borrowed had been foolishly squandered in wild schemes of internal improvement, of really no benefit. Under these circumstances, the state had not only repudiated its debt, by failing to provide for its interest, but there had grown up in the state quite a large party in favor of open repudiation of the whole debt, to the disgrace of the state and the ruin of its credit.

There were many wise and good men in the convention who realized that this great question must be met and settled here. The following article was introduced into the constitution: "There shall be annually assessed and collected a tax of two mills upon each dollar's worth of taxable property to be applied as follows, to wit: The fund so created shall be kept separate, and shall annually, on the first day of January, be apportioned and paid over pro rata upon all such state indebtedness, other than the canal and school indebtedness, as may, for that purpose, be presented by the holders of the same, to be entered as credits upon, and, to that extent, in extinguishment of the principal of that indebtedness."

The controversy over this question was not on strict party lines. The Whigs, however, were with scarcely an exception, in favor of it, and it was finally adopted against a strong opposition, and only with the proviso that this article of the constitution shall by itself be submitted to a vote of the people, and this popular vote may be taken as indicating the feeling of the people on this matter. It stood 41,017 in favor of the provision, to 30,586 against it. This action of the convention, thus ratified by the popular vote, proved the redemption of the state. Repudiation was itself repudiated, and the credit of the state established on such a basis that it could not be shaken. To this measure Judge Lockwood gave his most earnest, untiring support. The idea of repudiation was a shock to his keen sense of honor and integrity, and his efforts were in the most efficient direction; that.

was, by personal influence to secure the votes of many who seemed doubtful and undecided. When we consider his high standing in all parties, the confidence he had won among all classes, and his earnest appreciation of the condition of things, we may know that his influence was great, but the state may never know how much it was indebted to him. The minutes of the convention show Judge Lockwood's connection with several other articles of the constitution. Those relating to gambling, and prohibiting lotteries, and the sale of lottery tickets, originated with him; also the one relating to land sold for taxes, with reference to which we here quote from Stuvé and Davidson: "Regarding tax titles, the law of 1839 was one of peculiar hardship, rendering their defeasance most difficult by throwing the onus probandi as to any irregularity in the manner of acquring them upon the real owners of the land. A deed was prima facie evidence that the land was subject to taxation; that the taxes were unpaid; that the lands were unredeemed; that it had been legally advertised; that it was sold for taxes; that the grantee was the purchaser; and that the sale was conducted in the manner required by law. It was possible for a man to lose title to his land, although residing on it and having paid the taxes. All this was radically changed by section 4, article 9, of the new constitution, introduced by Judge Lockwood, the requirements of which the courts have construed strictly, and it may well be inferred that since then, not many tax titles have stood this ordeal of the organic law."

This review of the convention would not be complete without reference to one feature of the new constitution, which is worthy of special notice. The Christian sentiment of the country has for years grieved over the fact that there is no mention of God in our national constitution; that in the fundamental law of the land there is no recognition of the Supreme Lawgiver of the universe; no acknowledgment of dependence upon Him who guides in the affairs of men and nations. We are accustomed to regard our fathers as a generation of devout, God-fearing men, and can account for this omission only on the ground of inadvertent oversight. In the first constitution of our state there is the same omission, but not, however, to be explained in the same

way. The matter was brought directly to the attention of the convention of 1818 by a petition from a religious sect called Covenanters, asking for some recognition of God and the Christian religion in the state constitution. The petition was disregarded, and the Covenanters refused to take part in any elections, or hold any office under the new government. This resolution they adhered to until the slavery conflict of 1824, when the sect gave its solid vote for freedom. In the new constitution there would have been the same omission, but for the interposition of one man. The minutes of the convention show no reference to the subject until near the close of its session, when we find the following action: "On motion of Mr. Thomas, the preamble was amended by substituting for it the following: 'We, the people of the state of Illinois, grateful to Almighty God for the civil, political and religious liberty which He has so long permitted us to enjoy, and looking to him for a blessing upon our endeavors to secure and transmit the same, unimpaired, to succeeding generations, in order to form a more perfect government, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the state of Illinois.""

This was Judge William Thomas of Jacksonville, and he has repeatedly, and in various ways, publicly stated that this amendment did not originate with him; that he simply in his place, as chairman of the committee on final revision, offered this resolution at the request of Judge Lockwood. In a letter to the writer under date of January 1, 1886, he gives the following particulars: "A few days before final adjournment of the Illinois Constitutional Convention of 1847, Judge Lockwood, one of the delegates from the county of Morgan, called on me, saying he had been engaged preparing an additional section to be adopted as a part of the constitution, and he desired my assistance in securing its adoption. Then referring to the dissatisfaction felt by various Christian sects with the old constitution, because there was no recognition of God in it, he requested me to offer at the proper time, the following amendment to the preamble of the constitution." (Here follows the amendment as