Omaha Daily Bee Newspaper, March 1, 1892, Page 10

fiborent right to acquire territory: that waenever that acquisition is by treaty, the ®ame constituted authorities {n whom the treaty-making power is vested have a con stitntional richt to sanction the acquisition. The constitutionality of the purchase of Louisiana has been repeatadly confirmed both in courts and by subsequent exercise of the same rower under similur circumstances, 1t §s folly 10 deny it now. Having ted Louisiana 10 States, the next question which that of its status and relation to the central government. The matter was widely dis- cussed 1n congress and out of cougress, and ocensioned no little controversy. To settle the points at dispute, three patlis were op Tirst \ stitutional amendment might be adopled, sdmitting Louisiana and extending the powers of congress over as they ap- | piied to existing federal torritory. Secondly, congress might assume Louisiana to bo assimilated 10 the old territory and to bo disposed of in the same manner. Lastly congress might hold it apart as a peculiar | estate und povern it snbject to treaty sup- | ulations by un undefined power imphed in the right to acquire. The arrangements actually made show that the second plan was the one r sied upon, Nevewtheless the supreme court declared fifty” vears later th the third was true theory; for Chicf Justice Tanoy asserts in his opinion upon tho Lred Sc the articlo i the con- stitution g congress general power over 1he tertitories “is contined and was intende 10 be confived to the territory which at that timo belonged to and_was claimed by the United States,” and that tho power of con- gress over Loulsiana stands fivmly as ‘“‘the inevitable consequenceof the right to acquire territory.! Be these later developments as oy may, congress placed Louisiana in tho sumo category s the exisiing territorie what wa are alono concerned with is the actual status and consequent disposition of hat part of the domain since erected into the state of Nebruska, p Ordinance of 1787, There was only ono valid precedent for congress to follow in the exerciso of tho power to muke all needful ziles and reg ala- tions respecling the territory belonging to the United States. Phs ordinanco issuca by e confeder: i was re-enacted dur- iz the fivst seasion of the lirst cougress and wais the busis of nearly all subscquent legis. tlon for the territories, It not only outhued | w form of government, but uiso estabhished a | statutory domein of ¢ivil liberty for the ter- vitoral inhavitants, I brief, it vests tho XCCULIVO power in i governor 4nd secrotory appointed by ihe president for three and four years respectively; the judicial power in u court of thrce Judues, likewise appointed for terms ol good behavior; tho legislative yower iu a general assembly cousisting of 1wo hovses, tho reprosentatives elected. by the people, the couticils of five persons ap poiuted for terms of fivo years by the presi ut from a list of ten nominated by tho ren reseatatives. Until a population of 5,000 was wttained, however, the presidential appointees wero also to exercise the legislative powe In order toextend the fundamental pricci- ples of civil and religious liberty, 1t ordains SIX_arcios As ' compach beLween Lhe orig- 1nal states nud the people and states in tho aaid territory and to forever remain unaiter- able unless by cominon consent.,” These articles viovide for frecdor.of religious wor ship, for the benefits of common law proced- ure, for tho eneourngement of schools, for sopirablo connection with tae union, for ad. mission us commonwealihs as soon as a suf- ficient population should bo secured aua, tinally, for the prohibition of siavery. Now tho ordinence of 1757 did not apnly to Louisi- any and lonce was nover applied 1o Ne oraska, but its wtluenco can be discerned in every sct of congressionul lezislation doaling with the organization of the territories. Wo will_sce how far it affected Nebraska us we coutinue. In order to secure the advantages for which the people had paid tho purchase price of Louisiann, congress was now forced to adoot some specific measure. The first at- tempt was the law of October 13, 1803, au- thorizicg tho president to take pos- session of tho ceded territory and pro- viding that all the military, civil'and Judicial powers exercised by the ilien existing gov - ernment be vested temporarily in such per sou or persons us the president of the United States should direct for maintaining und pro- tecting the inbabitants of Louisiaua in the cujoyment of their liberty, properts and re- wion, Congress virtually delegited all their power 1o the president: they simply put the president in tho place formerly occupied by the king )i Spain: they orected a goveru- ment which Benton correctly criticisea as “despotic.” Tois statute did 1ot long endure, but the next stop murks but little improve: ment., the United ATOSO WS The Territory of Louisiana, Further nction was taken by congress he- foro ndjournment and an act pussed March 20, 1804, dividing Louisiana iuto two ter tories. That vart lying west of the Missis- sippi and north of the 33u degree north lati- tude was comprised in the District of Lou ana and brought for ths purposes of govern- ment under the ofticers of Indiaua torrito whose governor aud judges were to muke all laws subject, however, to the ap- proval of congress. The oniy limitations im- posed were thut no law inconsistent with the constitution or laws of the United States be held vali; that no vestriction be laid ou iu- dividual exercise of religion, und that jury trials be allowed 1 all criminal cases aud, it desired, in civil suits wvelving $100. Two courts were to be held annually iv the ¢ trict, but oven the ofticers of the militia were to be sppointed by the governor or the presi- dent. Tue inbabitants were subjected to almost ail the evils of absentec goverument. Fortunately the act ceased by limitation after o year and was superseled by a new law, March 3, 1805, Yeu it too, made little change other than providing a separate stait ot oficers for the territory of Louisiaua ns it was now ofiicially called.” The oficers were all appointed by the president, the governor * for three yeurs, the seerctary and the judges for four years, while the icgislative power was given to the governor and judges or a majority of them. The samoe provisos for civil liderty were repeated. The Territory of Missourl, The adwission of Louisiana into the union o 1512 compelled congress to Hod another appellation for the territory of that name. This was effceted by the law of Juno 4, 1812, entitled aa act to provide for the temporary government of Lho tertitory of Missours, At the same time the whole frame of govern- went was changed, ‘I'ne exccutive and judi- clal departments remained constituted as before, but the legislutive power was now vested' in a general assembly consisting of two bouses und the goversor. The latter | the southern and western formed a co-urdinate branch of the legisluture, bis assent being necessary for the validity of every legislativo act, ‘The representatives wero to be chosen for two years in proportion to the numver of freo white —male inhabitants and elected by such of that number us wero over 21 years of aze. The legisiative council was to cousist of niune members appointed for five years by tne president from persons selected o twico that number by the lower house. The qualific tions for memoership 1 each brauch ure preseribed, the sessions to be aunual, and each house to have control over its members and proceedings. ‘Ihe citizons ave, WOreover, ¢ the right to elect u delogato to reprosent them in congress. A domain of = ivil diverty s expiicitly established in dotuiled 0l of rights which declures tbhat the people are entitied to proportionate representution in the assembly, to common law proc dare, 1o jury trials, to full compe satlon for properiy or services requircd for public uscs, prohibits ex post (acto luws and aws impuiring the oblization of coniracts, and dusists upon freedom of religious worship and the oncouragewent of sehools, We bave here a practial grant of reprosenta- tive government, 1t is not compietely repre- sentative, because every law requives the unqualified assent of the goveraor, who in reality is a mereagent of the ceutral govern ment. The act was amended 1n 1516 to make the legislativosessions bienuiul but otherwise remained in force until after tho Mis- souri compromise, Iu 1819 the bounda ries wero contracted by an uct placinz all that part of tho territory south of a ki drawn from the Missouri river along porth latitudo to the river bSaint Francols, thence up that river to'86= 30 minutes, und ihen westto the western limits, under o separale governmeut for Arkuusaw Lorri- tory. As Unorganized Territory. In 1820 came the famous euabling act which cut off for the stute of Missouri that portion of 1he territory east of the meridian passing through the mouth of the Kansas river where it empties into the Missouri, and south of ihe parallel of latitude, thence east 1o the fplis of tho Des Moiues river, and a live following that river thence to its mouth i the Mississippi. The northwostern boun~ dury of Missouri was later corrected to ils present status, The eighth section contains “the compromise,” and . has usir ct bearing upou tho territory mow cowprised in Ne- braska. It enacts that ‘o all that territory cedod by France to the United States under | tho name of Louisiana which lios north of | 86> 30 minutes north latitude, not included within the state contemplated by the nct, | slavery and involuntary servitudo otherwiso | than in the punishment of crime,whereof the | parties shall been duly convictea, shail wnd is hereby forover prohibited.” Littlo need be said hero concerning this clause. It was in 1856 declared by the United States su preme court to be unconstitutional and vold, but until =0 declared it had exercised all_the influence of a perfeetly logal enactment. This act loft that part of Missouri territory not included in_the commonweaith in an unor ganizea condition and without provision for local government of any kind whatever. The | rovernmental power was for the time re ained in congross thomselvos | The nest et 1 boundary occurred 1 1814 when that part of tho territory 1ying | north of the north lino of the state of Mis souri and east of the Missouri river aund tho White Earth river from its junction with the for was uttached to the territory of lichigan. The western boundary of the tecritory of the United Statos had nover been acceptably defined, a considerable mar- cin of country boing disputed by voth Mex- | ieo and the United Siates, This dispute, so far as it might have 1 hed upon our title to western Nebraska, was finally settled by the troaty of Guafdaloupo Hildilgo, proclaiined July 4, 1548, by which boundaries of the Unitea States were defined practically as they stand today with the excoption of the strip known us tho Gadsdon purchase. No further legislation affected the constitutional aevelopment of Nevraska until the passage of the [ansas-Nebraska bill The Kansas-Nebraska Bill, At the boginuing of the tho ‘Lhirty-thied congress, Dodge of Towa introduced a bill for the or- ganization of the territory of Nobraska, [t wits simply a copy of the bill for the same pupose which had passed the houso duting fous session and its provisions did vot differ from those of other simuiar bil Nor was the question novel: the matter had oceupted the ntion of congross as carly us 1544 and again in 1845, 1848 and 1853 The bill went the usual round of conyressional legistation, but when reported to the senate Ly & ator Douglas, from the ¢ ittee on torritorins, it hud been considerably alierea Tustill provided for the orzanization of but ono territory under the nama of Nebraska, but in tho twentv-first section Douglas ad- vanced his new theory of squatter sovereiga ty. Ivasserted the peinciplo that all quos- tions relating to slavery be leftto the dec sion of the peoplo residing in 1be territory nave been alveady established by tho conipro- uise of 1830, The whole coulroversy cen tered in this clause, Tn Januury, the bill was recast by the senate comimittec on tervitories and the former twenty-ono sections grew o forty in number, Instead of ono territory, 1t now contemplated two, the southern to bo called Kansas, tho northern Nebraska., The opposition eluimed that doubline tho expenso of i costiy territorial government was entirely unnecessary and unwarranted by the exist- ing vopulation. Aud when it was asserted thut several thousand people were already residents of the northera territory, tho ro tort was that, if so, thoy were thord in defi- anee of the law of 1834, whicn prohibited all except licensed traders from going into the Iudian country. Of the fourteenih secti Von Holst declares that *so far s treated of slavery, (it] was, from the first to the last, coustitutionally nand politically a fraud, the ulterior covsequence of which orought tho union and slavery face to fac with tae question of existence in such u way that tho couthict of intercsts and principles could no louser find final settlement in words, but was forced to seok it in deeds.” Yot, notwitbstanding a bitter opposition, the Nobrascals came out. victorious and the oillbecame a law by approval of tho presi dent March 30, 1554, What were the provi- sions? Only the tirst eighteen sections refer to the territory of Nobrasku, which is made to cover the domain included botween 40 = and 49 = north latitude, bounded on the west by the summit_of the Rocky mountains and oil tho east by the line of the boundary of the territory of Mionesota as far as the Mi viver, thonee southward “down th channel of sud river” Tue e power is vested in i governor appoin the president for four years: in his absence, iu a secretary similarly = appointed for five years. The legislauve power is vested in the governor and _lesisia- tivo assemuly, the latter to consist of a coun- cil and house 'of representatives. Members of the couucil boid offica two years, of the lower house one year and représentation in cach is by districts in proportion to the qual 4 voters. Sessions are lmited to forty N ) vear while the suffraze is e ed to the free white male whavita provided thev be citizens of the United wtes or have declared their intention 19 o come such. The veto of the governor muy ridden by repassage of a bill with 1 two-thirds vote of cach house. Appointments by the goveraor to territorial oftices uro sub- oL to the advice and consent of the council. “Phe judicial power is vestod in the supreme aud inferior courts. The supreme court con sists of three justices npponted by tho presi- deut for terms of three years. The other of- lieers appointed from Washington are the at- torney ard marshal, each holding four year: it are furthermore author- ized to elect a delegate every second year to present them in congress, Tue fourteenth section repeals that part of the Missouri compromise reforring to slavery s *inconsistent with the principle of nou- intervention by congress as recoguized vy tho legislature of 1850, 1t being the mtent of the act to Jeave the peovle perfectly frce to regulate their domestic institutions fu their own way. Thisis evidently meant to allow slavery in the territory uniil the assemoly should prolbit it, Morcover the first s tion provides thut when admitted as ono or more commonwealths, Nebraska shall be ad- mitted with or without v as their con- stitutions ‘then may preseribo. 1tis to be uoticed that the Kuusus-Nebraska Lill ron- taius no formal oill of vights; it fails altogether to establisi uny domain of civil liberty for the individual against the torri- torial government. On tho other band, it onstituted the first really revnresentative legislature that has bad control over tha dis- trict composing the present. commonwoulth. For the first time, 100, the governor has only a limited veto power which mayv be overcoms by the representatives of the paople by com- plying with a specitied method of procedur Boundary Chauges, Nebraska was now an organized territory, butshe had not yet attained her permanent bouncarios. By & law of I8l that portion Iving southiof 44 north latitude,aud west of the twonty-fifth meriaian of longitude west of Washington was taken from her hmits to form part of tho territory of Colorado, Her domain was further moditied the same yoal by the act creating tho territory of Dakota out of that territory lying north of a Lue runmng up the main channel of the Niobrara from its mouth 1n tho Missouri to the mouth of the Keya Palin, thenea along that river to 13> north latitudo, and tbonce due west. Section 21 of this law incorporated tempor- vily into the territory of Nebrasks that purt of the territories of Utab and Washing- ton between 412 and 432 north latitude and thirty-third meridian of longitude west of Washington, ~ The act ot 1863 took away sgoin wall that districy wost of e twoeunty-seve:th meridiau of I ido west of Washington, making it a part of the territory of ldaho, This left Nebraska with her preseat boundaries, the me as wero afterwards proscribed by congress in the uct of aumission to the union Tho wecond session of Reproseutative merest glance will show that theso lines are the hizhest degreo artificial, When the crest of the Kocky mountains formed b western limits, Nebraska bad u uvatural boundary upoun one side; this has since been changed und the rivers now on tho north and cast can in bo way be regarded as natural bounduries, Oun the contrary they form very undesirable boundaries and have already occasioned much misunders'anding, In the case of Holbrook vs Moore Chiof Justice Lake decided thut a change in the main chunnel of the river does nou alter tho boundaries of the commonwealth, Tho point urose over the doubtful jurisdiction over an island, but the question of jurisdiction over newly formed territory, if attached to the maluland, is at present before the courts. The Enabliug Act of 1564, The Thirty-eighth congress took up the matter of evecting the territory of Neoraska into & commonwealth, A bill for that pur- poso pussed the Louse without discussion. Tho chief objection madein tuo senato rosted ou the fact that while the ratio of congres- sional apportionment was theu one to 127,000, tho population in tho district was, at the bighest, estimated at 40,000. It was also urged that the people concorned bad neither at the map asked nor publicly expressed their desire to form a constitution. But the seceded conm- onwesiths were not then represeuted in cougress aud auy addition Lo Lhe war party A AL wonld bs welcowe. oxtra vote in favor of the proposed amend- ments to the federal constitution undesirable, and so the bill finally passed and bocame & law by approval of the president, April 2, 1964, The act of 1864 defines the boundaries of tho proposed commonwealth and authorizos the people thereof to form a constitution and government uuder the name of Nebraska. It praseribes the precisa method to be followed in exercising this powor: namely, that a con vention of delegates, olocted from districts, according to popnlation, by all persons legally qualified to voto for members of the territocial assembly, should meet at the capi- tal on the first Monday in July of that year and f a constitution, republican in form and not repugoant to the constitution of the United States and tho principles of the declaration of Independence. The con stitutic was further to provido by an article forever irrovocablo without the consent of congress—first, that siavery and involuntary servitude except as punishment for crime by forever probibited secondly, that parfect toleradion of religious sentimont be secured and no person molested in person or property on account of his ro- ligious worship; and thirdly. that the peopte diselaim all titio to unoccunled pulic lands which are to remain untaxed and that lands belonging to non restdents be not discrimin- ated against in tho matter of taxation. Tho constitution when formed was to mitted to the peopio for ratification or tion upon the socond Tu and if carried by a majority voto the fact was to be cortiied to the president by the acting governor, *‘whorsupon it shall bs tho duty of the president of the United States to issue his proclamation declaring tho state admitted _ into tho union on an cqual foo'ing with the original states without any further action whatever on the part of congress.” The act also apportioned ono representative to Ne brasia and made grants of public lauds for various purposes, The delogates were duly chosen in ac cordance with the luw, but when, upon meet ing, thoy rofused to frame a constitution and adjourned sine die they simply reflected tho seniimonts of their constituents,who were at that time opposed to the assumption of 1hie burdens of @ commonwealth povernmout The territovial legislature of 186 ver, without further action of congress, submitted a proposed constitution to the elsetors to bo voted upon in Juneof that vear with direc- tions to ¢t00so at the same time wealth oficers and a momuer of congress. 'I'ho board of convassers deciared tho vots to bo 3,945 in favor of tho constitution and 3,838 fatust it The lozislature thus choson met inJuly and elected two senators who to- gothor with the representative started for Washington with the constitution in order to ask congress for admission oi Nebraska into o unton. It is this document which Judwe Crounso has declired wAs noloriously Sorizinally drafted in alawyer's offico by fow self-appointed individudls who teen im- portuned the legi Liture o sucject it to the people.” The sjec sday 1n October, Act Admitting Nebraska, 1867, carcely bad news of these events reached the halls of concress when on July 23, Son ator Wado of Ohio 1ntroduced a bill to effect the admission of Nebrasku as a common wealth. 1t comprisod t tions, Lho first providine that the constitution and vovern ment formad by the people be accepted and tho common wealth aeciared to be one of the United Stutes; the second, that admission bo subject to the conditions und restrictions of the original_enubling act. Sauator Sumaer proposed o further “fundamental cordition,” to bo first ratified at a popular clection, but it was voted down and ihe bill pussed both houses. Congress adjourncd tho following day, thus eiving President Johnson an op- ity to resort Lo a pocket voto —a cou action which he eagerly grasped, with 1t to the measure, The bill was quickly reintroduced by Seca- tor Wade on the 5th of the next December,and when rovorted back to tne senate oceasioned no little controversy. ThLe restriction of the suffrage to whito males by tho constitution was strenuously opposed, and final sioned the introduction and acceptun fundamental ~condition” prohibiting crimination on account of color. T'ho cemo. crats regarded the imposition of this vondi- tion to be chiefly for the purpose of vrece- deut for the commouwealths then undel going reconstruction. They also intimated that the votes of the ropubdlicin senutors ai readv at hand from Nebraska were sorely nceded to carey out the schemes of the party leaders who at that time were threatening to impeach the preside As it passed both louses tho bill consiste of a preamble and threo ons. After raciting that tho p2o ple of Nebraska had complicd with th: con- ditions of the act of IS0 enabling them to form i constitution, that constitution is de- clared aceepted and the commonwealith du'y entitled to the rights and privileges, as well as subjoct to the conditions, of tie previous act. I3ut section 3 provides that the law shall not tako effect ‘‘except upon the fundamental condition that within the state of Nobraska there shall bo no denizl of tho eloctiva franchise or any other right to any person by reason of race or color, excepting Inaisns not taxed.” Only upon notification of assent of the legis- lature to this condition was thoe president to announce the factand he admission of the commonweulth to the union to be considered cowplete. The P On January 20, 1867, the president returned tho bill to the senate with his objsctions. He presents a summary of the points wede in congress by the opposition and andoubtedly makas @ strong case for his side. The chief objections may be summed up under five beads Lirst ident's Veto Mes A new condition not mentioned in g act has never boforo veen an- plied to the iwhabitan's of any common- vealth. Congress hero undertakes 1o author- ize and compel the legislature to chanze a constitution which the preamble declures has received the sanction of the people and which by this bill is accepted, ratified and confirmed, Second—Making the acceptance of the third section a condition precedont is tho as- sertion of nothing more nor less than the right of congress to regulate the cloctive franchiso in any commeuwealth hereafter to bo admitted, This assumption 13 a clear vio lation of the federal constitution, which leaves each commonwealth froe to determine the qualifications necessary for the exerciso of suffraze within its limits. Thira -1, as the preamblo asserts, the peo- ple of Nebraska have comrplicd with all tho provisions of tho enabling uct of 1864, good faith would demand that she be admitted without further requiremerts. The people ought to havo an 0pportunity Lo uccept or re- jeet 1his uew limitation by popular vote, Fourth—The president calls attention to the fact that the procecdings attonding the formation of the coustitution were riot at all in conformity with the provisions of the en- ubling act: Lhat in an ageregite voto of 7,776, tho majority in favor of the constitution was less than 100; that alleged frauds mako even this result doubtful s an expression of tho wishes of the people. Fiftn—Iv would be better to continue Ne braska as a territory a littlo longer in orde that increased population and wealth mi,h make the burdens of commonwealth taxation loss oppressive. ho great question raised by the veto of President Jobnson 1s that of the competenc; of congress to place ir evocable limitations upon any commonwealth, The whole pro- coedings had been, to use u mild expression, “throughout very irregular,” and the bill itself was contradictory on its very face, If, as the preamble declared, the people of Ne- braska had fuliilled the conditions of the act of 1864, then they must bave been revarded as already under cominon wealtls government, “without any furtier action whatever on the part of congress.” But they had not ful- Hlled the conditions of that act ana no amount of declaratory resolutions of con- Kress could coange the state of facts. Tue act of 1564 was not a continuing offer to be wsccepted any time after rejection by an equivocal compliance, and the action of the territorial legislature in submitting a consti- tution to the peoplo was entirely extra-legal and without the shadow of authority. On the other band, it seems to me that congress bud a perfectly sconstitutionul right to pre- seribe any conditions whatoyer as a prece- dent to admission 1ato the union. “As loug as Nebraska rewained & torritory cougross was supreme ana had “all the powers of the ople of the United States, excopt such as ave been expressly or by implication re- served in the probibitions of the constitu. tion.” Then, as congrass bas sole power Lo erect new commonwoalths, they van at their discretion refuse Lo exercise that power until the people agree to a satisfactory constitu- tion; and thoy cau constitutionally authorize any body of persons to accept conditions on behalf of the people. As Lo the irrevocable uess—if I may use such a term—of the con- ditions after the comuicnwealth is once ad- nitted, au entirely different guestion arises. The polot came up iu the luteresting case of DY Neithor was a_possible | Brittie vs the Peqnle, reported in 2 bo sub- | sommon- | 1 ULDIIA Y ab., 198, where the coutt held the “fundawental condi- tlon' to boa valid part of the constitution, but wo may still doubt that, assuming that the fourteentti and fifteenth amendments to the federal constitution had not been made, this condition would bo hold “forever irrevo cable without the consont of congross’ Tho power of cangress over & torritory is un disputed; but as soon As the latter becomes & commonivealth 1t must be considered ns holding divectly under the toderal constitntion and “on cqual footing with the original states.”” Under any other theory wa would no lonzer have a anion of equal common wealths, There would be commonwealths of various orders; ono class consisting of tho orizinal coloniés with all powors not appro priated by tho faderal constitution; one class, such as Louisiana. with all those powers ex capt that of changing the official language; another, such as Neoraska, without coutrol over the suffrage, religion, ote., ote. Chief » Mason assimed as an extromo _exam 50 whero congross proscribos that the commonwealth copstitution bo alteréd ouly with its cousent. This may bo exireme; but there have boen commonwealths without any provision whatever for amending tho consti tution, and coneress could again erect others under similar_conditions. _What would be tho rosult! If this is a union of equal vom- monwoaiths, any amendment undoniaoly ear- ried by tho method ordinarily in voguo must bo held constitutional, On admission as a commonwealth, tha irrevoeable character of couditions imposed by congress lapses, and,ns Senator Wade oxpressed 1t on the floor of tho sonate in this very connection, “‘Tho day after a stute comas in it may alter its consti- tution, throw your amendmant to the winds and fix the status of her voters i her own way." T State of Nebraska, The veto message lay on the table in the sonate until February 8, when 1t was taken up aud a motion that it be not sustaiued car- ried by a vota of o to 9, 12 being absent. On the folowing day the'oill was taken up in the house and passed over the veto by o voto of 120 to 43; not voting, 23, Speaker Colfax requested the clerk to eall his no, and voted uye. According to the Congres sicnal Globe, “the nunouncement of the re sult of tho vote was rocelved with appiaus both oo the floor and in the galleries.” No- tice was wiven in the senute and that body ordercd by resolutions that the bill bo pre sented (0 Lho secreiary of state as a duly en ted 1w, I'he tereitorial governor of Nebraskn cou- vinea the legisiature on Fobruary 20, 1867, «0 which, after reciting that 1t ratified and cepted thie act of congress and that the pro visions of the section bo henceforth “a h ¢ law of the stato of Ne s uct was certilied to the presi- on Pebruary 21, who on March 1, 1867, issued his proclamation sinting that “the ad- mitssion of the said state into the union is now complete,” Phe salarios of the senators and reprosentative issued from Mare! the commonwealth government is just com- pleting its twenty-tifth year of eontinuous operation, IL now remains for us to examine the frame of woverament created in 18337, und to traco the changes effocted by the coustitutional convention of 1575, ‘This can hest ba eifected oy vonsidering the two tozo her and pointin: ot whave tne first is supplemented by the sceoad, Externally the government differed but very siightly from tno old territorial vewine: the yreat changes li in tha relations of the dopartiments to the federal govern- 1, to other commonwealth goversments, totiier, abd to the people of Nebras— The cofstitution falls naturally into three parts, dealing with the organization of tho pecplo in the constitution, the establish- ment of a domdain of civil liberty, and the provision of a comuionwealth government. The Amending Power. Under the cohstitution of 1863 only ono method of amendment was provided, and that vather inde@initely. W henover a major- ity of each house of tho legistature thought it necessary, thar were to subnic the ques tion of cailing a ¢onstitutional convention to revise or chanze the constitution to a vote of the people. IE favorable, tho legisluture was to provido by Jaw for calling tho convention. The succeeding steps ure not specitiod, nor is it_cloar whother such a conveation was 1o have constituent ov merely witiating powers. These omissions aro purtly remedied in the prosent constitution, which states distinctly that the conveution shall cousist of as muny members as the house of reprosentatives, chosea in the same manner, nd sball have only initiating powers. Ivery chango recommented must, to b valid, ba udopted vy a mujority of the clectors voling for and against the same. “Lhe constivution of 1575 provides also a second method of umendment. Amendmonts may be proposed by a throe-fifihs vote of each house of the legislature and are then to ko effcet after subimission to the people “if majority of the electors voting at such adopt such amendment.” ~ While tho majorities required are Lot excessive, veu Lho clause just quoted has destroyed its' eili- vieney asmach as it has been tagen o ne- cossita’e votes In number equal to a majorivy of those cus: for the candidate receiving the greatest total vote ut such election, The Domuin of Civil Lib iy, The extent to whieh freadom of person is insured against the commonwealth govern- ment by the consutution of 1843 is similar to that marked out in the federal constitution, The commonwealth government may pass no bills of attainder nor lews working corrap- tion of blood; 1t may not make ex post facto laws, issue weneral warrants, levy the writ of huboas corpus excopt in cases of rebeilion or mvasion, refuse adequate bail excent ior capital offehses, unduly delay teials, procaed otherwise than upon a grand jurv indict- ment, refuse the accused w jury trial accord- g to the due process of the wecepted com- impose excessive fines, inflict un- punishinents, niake any offerse treason as defined in the coustitution and provin in the manner therein provided, or abridge the freedom of spoeen, patition and ligion, In ail »s of criminal libel, the trath if publishied without malice is madoe a sufiicient defense. No person is to be im- prizoned for debt, no discrimination made in law ugainst resident aliens, no aenial of the writ of error in capital cases, o these immuuities the constitution of ids prohibitions upon the government transporting any person for offense committed within the common- wealth, from allowing qualified voters to be hindered 1n the exercise of the franchise aud from inflicting penalties out of proportion to the nature of the of- fenso. It further authorizes the logislature to alter or abolish the grand jury system. The immunitics referring to property are also explieit, I'he commonwealth govern- ment is pronibited from waking property of man but otherwize may declare in what pro_ porty shall consist. Ou the side of tho judiciary. the government muy not issue gen- eral search warrants, refuse jury trials ac- cording to due process of law or pass laws fmpairing the obligation of contracts, All mouey must be appropriated by law, the peace debt 13 liniited to £0,000, the salaries of commonwealth officers ure specitied in tho constitution and members of the legislature prohibited from drawing pay for more than forty days’ service annually. No proporty may be taken without due compensation, the rovenue must be raised by anuual tax laws, while tho eredit of the commonwealth way not be bound for individuals or corporations Soveral‘further provisions wero added 1n the constitution of 1875, The truth is ex- tended as a valid defense in civil suits ror lioel; appeal to the suprome court may nov be denied in civil cases vor soldiers billeted in time of peacé. Taxes must be assessed in proporiion to the value of property and frau- chises and hiconses must be uniform for the class upon which imposed. The debt limiv in time of pedee is rased to $100,000 and all powers not expressly deiegated by the con- stitution are deglured to reman with the peopte. 3 The Leglslative Dopartment, The coustitution of the government is In- tended to be one of co-ordinute departments, The legislature is, with certawn_exceptions, practically based on manbood suffrage for all residents who are citizens of the United States, or who have declared their intentions 10 become such. The principle of representa- tion is the same 10 both bouses, according to population, the ouly difference beiug in the number of members. Auy qualified voter may serve and when elected is entitied to compensation for his services, to freedom from arrest during session except for troason, felony aud breach of peace, and to privilege agaiust liability for words spoken in debate. A majority of elected membert coustitutes a Quorum. Esch bouse elects its own oficers aud controls its membors and procedure. Bills in order to become laws must be read on throe different days, passed in each bhouse and be either approved t;y the goveruor or repassed over bis veto. Sessions are limited. ‘Phis organization is substautially retaived in the preseut constitution, the chief wodifica- i MAKUH 1, [892-TWELVE PAGY t1on betng in the Introduction of the lieuten- ant governor as president of the senate. Although the constitutiun assumes to pro- videa government of specified powers, it makes no oxpross graat other than that vest ing all legislative power in the logislature and then placoes restrictions on the exercise of goneral power, The constitution of 1860 forbids tho loislature from authorizing lot torics, granting divorces, giving extra com- pensation to public servants or contractors and from passing special acts conferring cor porate powers, The constitution of 1875 en cronches still further upon the discretionary vowers of the legislature. 1t pronibits spocial logislation upon any subject to which a gen cral law cau be mado applicablo, takes wway power to alienato salt springs delonging to the commonwealth or to donate public land: to divert specified rovanue from the school fund, to permit sectarian instruction in pub- lic institutions, to chango existing county lines without the consent of a majority of the voters in the counties affectod, or to creato any executive oftice, The tive Department, By the constitution of 1865, the executive was made to consist of tho eloctive offices of governor, secrotary of state and treasurer, with terms of two years, and aa auditor with term of four yoars, Any qualified olo: tor, a citizen of tho United States, was eligi- ble, The supreme executive power was vost- od in tho governor, whilo the order of suc cession to his ofice passed along to the sec- rotary of state, president of the senate and spoaker of the houso. Bosides the duty of enforeing the laws, the governor was given o suspeusive velo over legislation, tho power of reprieve and pardon, the appointment of administrativo officers and complete control over tha military forces, Tno constitution of 1875 creates the addi- tional executive offices of lieutenant-gover- nor, superintendont of public instruction, at- torney general and commissioner of public lunds and makes the term of offico uniformly two vears. The requiremonts for eligibility are slightly increased and succession to tha governorsiip given to the lieutenant gover- nor, president of tho senate and_speaker of the'house in the order named. The execu- tive is oxplicitly givon power to romove ap- pointed officors and the two-thivds majority required 1o override a vetois cut down to three-fifths of the elected members in each house. xe Judicial Department, Tho judicial powoer was vested by thoe con- stitution of 1863 in a suprems court, district courts and certain inferior courts. The three judues of the supremo court were to bo clected by popular vote for terms of six years, They wero to have original jurisdic- tion in cortain specified cases and to have cognizanco of both equity and common law procedure, The senute was to act as a court of impeachment, No material change in the constitution of the courts has been wade by the coustitution of 1875, The su- preme court is now ormanent body, one memver vacating his ofice every second vear, General jurisdiction over cases ot im- peachment bas been taken from ths senate and vested 1 tho supreme court. lu the last instance, the duty of actermining whether o | rebuilt, and in January, 1870, Governor Gar- ber, in his moessags to the legislature, recom- menaed that & new state house be erected and sugeested that a levy be made for a cap. itol building fund. After a bitter strugglo £100,000 was appropriated for the erection of the wost wing of the new ocapitol. Work was commencod on the new builaing as soon as possible, but it was not until November, 1881, that the wing was ready for occupanc NEMRASKA CAPITOL BUILDING, It was built by W. H. B. Stout of Lincoln, who undertook the contract for §3,400. In 1581 the logislature appropriated $100,000 for the erection of the cast wing, and the con- tract was also let to W. H. B. Stout for the sum of $94,500, In February, 1883, the leg- 1siature provided for the domolition of the old huilding and for the erection of the main or central portion of the present build- ing. and on July U of the same vear the con- tract was let to W. H. B. Stout for #43),- 187.25. The foundation walls wero laid in o fall of 1883, and on_July 15, 1854, the cor- ner s ono was laid with appropriate core- monies, krom that date the work pro- gressod rapidly, und by January 1, 1880, the new capitol had 'boen completed. The style is i the Italian ronaissance. There is 1o superfluous ornamentation either on exterior or interior. Quist eleganco and dignity are tho charactoristics of the design. The main clevations of the structure face north and south and tho fronts are uniform in appearancoe. The main building without tho wings is 85 feet in width and 103 feet in depth exclusive of the two portivos, which are each 12 faet wide. [ho wings are 85 foet wido and 114 feet long. Tho structure would be cruciform if the main building had been extended about fifty feot further north and south, The extreme longth east and west is 13 fect and the breadth 192 foet. The baso- ment is 10 feet in- height, tho first story 14 feot, the second 15 feet and the thivd 14 Teet. The dome is 45 feet square at the vase and the lanters 1s 200 feot from the grade line, Entering from the north the visitor finds nimself, after passing botwoen the massive piers of the portico, in a vestibule tiled and wainscoted in marble. rom that open apartment ho steps into the main corridor, rauning north and south and intersecting in 1ot a commonwealth law isin_conflict with tho commonwealth constitution, devolves upou the SUPrewme court, With the constitution of 1875 two proposi- tions were submttod separately, one allow- ing olectors to express their preferonce for United States seaators and the other provid- & that tho seat of government shall not be moved or relovated excopt by a majority of ctors. Both those propositions wero arried and as a consequence of the adoption of the latter no =orious attempt to remove the capitol has ever been made. Only once bave the people paid any attention to the first proposition sinee its adoption, and that was in 1536 when General Charlos H. Van Wyck made a canvass for re-election as United States senator and received o ro- spectavle number of votes. The legislatuve, howover, chos to ignore the sentiments of the people,as they are at liverty to do under the proposition, and it has therefore been practically of uo consequence, Efforts have been made to amend the con stitution of 1875 every two yoars beginnmag with 1882, The only amendment which has cver heen carricd, however, was ous of the 1o submitted to the electors 1 1856, provid- ing for a sixty days’ session of the logislature instead of forty days and & remuneration of 8 instead of & por day to membors of the lemslature, Provosed amendments providing for woman'’s suffrace, for a railroad comimission for iucreasing the number and pay of judges of the supreme court, aud the remuneration of judges of the district court, acd for a pro- nibitory liquor law have all fallen short of the required vote to secure their adoption, and with the singlo exception above nated amending section 4, article iti, the constitu- tion romains as it was originally adopted. Two amendments are now pending, how over. to be voted upon in November next. It is quite probavte that a constitutional con- vention would have beeu called before this for the purpose of adopting a now constitu- tion except for the fear of prohibition on tho part of many and of stringent anti-railway provisions on that of the railway companies and their frionds. It is admitted that the fuudamental law of tho state is defective 1a very many particulars, 1t was enacted at a timo when the peoplo of the stite were suffering from the ravages of grasshoppers and the agricultural communi- ties were seriously depressed. The salaries of oxecutive officers, and especially of judi- cial officers, are rigiculously nadequate, and the iimitations of the constitution in other directious are quito certain to chafe tho growing commopwealth moro and more until completely changed by amendments or re- placed by a new constitution, Vicron RosewATe NEBRASKA CAPITOL BUILDING, o house was not an and yet when it was finished it was regarded by the pioneer settlers of the now territory as a marvel of architectural grandeur. 1¥ wus erected in Nobraska’s first s imposing structure the city of Omana on Ninth streot, betw Farnain and Douglas strects, by Nebraska Ferry company, and by orgunization leased to the territovial oficers, It was a two-story brick structure and cost woout ¥3,000. In this humble editice assem- bled the first territorial legislature. The second capitol building was a more imposing structure and stood on the capitol bill on the spot now covered by the High chool building. Congress had appropriutod £30,000 for the erection of this building and a contract was made on November 20, 1855 with Bovey & Armstrong, who agreed to have the building completed by September 5, 1850, ‘I'ne work was not finished how- ever until some time in 1857, The bullding completed cost #100,000, It was on the old colonial style, built of brick, two stories in height, und almost perfectly blain, The capilol building and grounds were donated by the state to Omaha for school purposes in 1867, when the capitol was removed to Lincoln, T'he capitol building was torn down 10 1870 to make room for the present Hign school building, Nobrasks was admitted nto the union of states on Marcn |, 1867, ana the legislature at a special session in May of thut year d cided to move the stato capitol from Omaha 10 some point in the interior of tho state. A commission wa3 appointed, consisting of Governor Butler, Socretary of State Keu- nard and State Auditor Gillospie, to selcct o sizht for the new capital city, Linsolu was selected and the work of building a state house was at once commenced. 'I'o first contract for the state house was let to Josoph Ward of Chicago on January 11, 1808, for the sum of $40,000, The building was constructed from maguesian limestone, ob- tained from extensive quarries in Gage county. It was finished in Duecomber of the sume year, On the 8d of that month Gov- ernor Butler ordered the archives of state transferred from Omaha to the new build- fug. This the original state capitol, It st00d upon the site now oceupied by the present edifice, but not a stoue is left of the old buildiog. Itsecved its purpose for ten years, at the endof which tiwe work was commenced upon the present structure. ‘Thore were @ number of causes which con- tributed to the sentiment in favor of a new capitol. Chief amoug these was the very evident unfitness of the buildicg for the permanent home of the offices of the state, The walls were vaaly coustructed and soon gave signs of disintegration. The outer courses of stone were sffected by the weather and began flaking off, Tho state officers soon began to be afraid to stay in the puilding during bigh winds and each suc- ceeding legislature met under the sbaky roof with au iucreased tropidation. Then the ad- vocatos of removing the capitol commenced an agitation which struck terror aud dismay 10 the hearts of the people of Lincoln. Thut city, at_that time, depended almost entively for the capital for its future, and the agitation for removal had a de- pressing_effect_upon vaiues and the growth of the place. In October, 1578, the north wall of the buildivg was condemued. The Board of Public Lauds and Bulldings had is the rotunda the long corridor running tho extreme length of the butiding east and west. These corridors aro tiled with Vermont marble and partially wainscoted in scrag- liola or artificial marble. The heavy doors ana frames are of oak, In each of the four corners of the main buiiding 1s & suite of of- fico apartments. The commissioner of pub- lic lands and buildings has the north- wes' corner, the secrewary of stato tho southwest, the goveruor the south- east and the State Board of Trans- portation the northeast. ‘I'ne offices are all large, well equipped, supplied with fire- places and handsomely furnished. I here are immense fireproof vaults, both on tho first floor and in the basemeant, for the storage of stute paners. The fivst floor of the east wing is assigned to the Stato Board of Agriculture, the state oil inspector, deputy commissioner of labor, stato superintendent of public ia- struction and adjutant general. The west wing is occupied by the auditor of public ac- counts and the state treasurer. The rotunda is octagonal, with an inside dimenson of about thirty feet. An ovening in the scond Hoor admits light to the first floor. The secoud flonr is gained by two iron stairways from the rotunda, whiloa similar stairway leads from each wing, The corridor on the second is paved with hard wood instead of marble, and the 1inishing of the wainscoting is in scarliola and has a beautiful efect. I'rom the second story the wholo interior of the dome is open and in its decoration the frescoer has been given full scope. Viewed from the lower floor the effect 18 particularly striking. The entire south half of the second story is given up to tho state library which now numbers about 30,000 volumes.” The main room lios across the front and oxtends up through the third floor. 'I'he main room is 31 by 83 fect in size, the ceilings being nearly forty feet from the floor. The decorations are notably fine, the ceiling boing paneled in hard wood. Opposite the library in the north side of the main building are tho rooms assigned to the supreme court. These rooms are by all odds the handsomest in the building. They are richly furnished, the upholstering being in russet leather. Tho senate chamber occupes the west wing, and is afine audience room. Itis 85 foor wido with 40-foot ceiling. The room is handsomelv carpeted and the walls and cell- ing aro decorated with lincrusta walton and hoavy papers. The lieutenant governor and the attorney general also have rooms on the second floor of the west wing, Rooms ave also provided for the chief clerk and his assistants. Representative hall occupies the corres ponding position in the east wing and is also appropriately decorated and furnished. Tho third floor is given up to committeo oms, ote. It 1s only during a sossion of the lezislature that this iloor presents a busy and avimated scene. During the balance of the year it is practically deserted. If the visitor wishes to continue his vestigations still further he may climb a succession of spiral iron stairways until he finds himself in the dome 200 feot above the ground and everlooking tho ontire city £nd country for ten or fifteen miles around. cArr REMOVED, At the meeting of tho legislature which convened on May 18, 1566, important matters cumo up for consideration, principaliy the location of the soveral state institu- tions for which the enabling act had made a liberal appropriation of lands. The Otoe county delegation proceeded 1o Omaha askiag for the State university, and other towns pat in similar claims. No town seomed to care much for the state prison, After a struggle for the location of the sev- eral wstitutions, o compromise was effected by the South Platte members, without re- gard Lo party lines, by which 1t was agreed to remove the capitol to the South Platte couutry, and locato all the state institntions at thoe state capital. T'his caused the cousol- idation of all the North Platte members in opposition, The bill was prepared with due deliberation and introduced. It was entitled, “An act to provide for the locatior of the seat of governmont of the state of Nebraska and for tho erection of pubiio ouildings thereat.” ‘'ne bouse passed the bill two days later under a suspension of the rules for a third renaing, All manner of filibustering and strategy was rosorted to by the North Platte members to defeat the bill. 1t so happened that all of the Otoa county members wers demceracts, who had made a fight to secure whe state university for Nebraska City, but they relinquished their claims, “I'he original bill provided that the name for the new city should ba “Capital City.” Senator Roeves of Ot county had been @ southorner in sympathies ‘and disliked the rame of Lincoln, Kvowing his dislike to President Lincoln, and hoping to preju- dico the Oloo county senator against the bill, J. N. H. Patrick’of Omala moved that the bill be smended by striking out the words “Capital City” and substituting that of incoln.” This ruse failed to antagonize Senator lteeves, for instantly he was on his foot and accepted the amendment of the member from Douglas, Tho friends of the bill caught the spir't of the amendment and adopted 1t. Thus Nebraska's capital bears ihe name of the illustrious Lincoln owing to tne trick designed to defeat tho removal bill, In the lower house a similar move was made to divide the South Platte delegates by an amendwent offered to locate the Stato university at Nebraska City, which the Otoo delegates bad striven to secure previous to the compromise, hoping to break the cowm- bine, Hon. A. I, Harvey (dem.) from Otoe opposed the amendment, and in his argument said: “I am opposed to the amendment on partisan grounds, for the reason that Otoe county some years ago bad a democratic majority of 600 After the city built a High scihool bullding the democratic majority was /bevond and above the reach reducod to 250, and if the State university should be located tnere the entire democratic majority would be wiped out in Otoe county.™ : Tho bill passed the renate by & voue of 8 to 5, and the {muw by & vote of 25 to 10. RAUDULENTLY COUNTED 0UT . Tho Nebraska Constitution of 1871 Framed to Protect the People AGAINST ENCROACHMENTS OF MONOPOLY/' The Crusade by Catholle and Chapter In the History of Nebraskn that Has Never Boforo Heen uthfully Keelted, rotestant—A Tho first constitution of Nebraska was do- fective and unsatisfactory in many essontial particulars. It framers wero aiming chiefly 10 create a state government that would be as inexponsivo as had been the territorial government. Tho saiarios of state officers woro ridiculously low and o supreme judi- clary was improvised out of the thres then existing distriot judges, who poriodically mot at the stato capital to adjudicato cases that bad boen appealed frow the distriot courts, over which they thomselves had presided. Section 9 of the articte on judiclary provided that in ail cases heard before the suproma court, as an appellate court, the justice who may Lave tried such causo in the court below shall not participate in the decision ‘thereof until tho other two justices, if present, shall have failed to agree in the decision of said cause. Under this parsimonious constitution the ™, salary of the governor was 81,000 per aunum, that “of the secrotary of state £600, the stata troasurer $400 and the stato auditor §00 per yoar, whilo tho salaries of the judges of tho supromo court, who also acted as district judges, was 2,000 por annum, The salary of the janitor was just tho same s that of the secretary of stato and the goveruor's private secretary received $400 a year more than thoe auditor, . As early as 1870, within threo years after the stato had organized under this constitu- tion, popular sentiment was aroused to the necessity of throwing off this tight-fittin, garment and replacing it by a constitution that would meet the requirements of the rapidly growing state. ~In March, 1871 the legislature passed an act call together a constitutional convention to me at the state house in the city of Liucoln on tho second Tuesday in the month of June of the same yoar. The convention was to consist of filty-two members, apportioned from tha districts entitled to reprosentation in tho two houses of the legislature and §15,000 was ap- propriated to meet the expenses of the con vontion, The election took place on tho first Tuesday in May, 1871, aud in most instances the members were olected on & nonpartisan basis and without any political contest. Douglas county unanimously elected us its Tepresentatives Silas A, Strickland, Experi ence Estabrook, James M. Woolworth, Charles . Manderson,James E. Boyd, Illeuzer Wakeloy, George B. Lake, 1saac 5. Hascall and Jobn C. Myers. Lancaster county was represented by Oliver P. Mason, T. B. Stevenson ropresented Otoe county and Soth Robinson Lancastor county Following is a list of ddiegates to tho con- stitutional convention of June 13, 1571, Douglas county excepted: O. A. Abbott, Hall county, Ninth Sena. torial district; M. Ballavd, Washington, Sov- enteenth; J. C. Campbell, Otoe, Third; J. N. Cassell, Lancaster, Eighth; W. H. Curtis, Pawnee, Fourteenth; J. W. Eaton, Otoe, Third; P. 5. Gibbs, Burt, Bighteenth Granger, Dakota, iwenty-first; Gronnell, Sarpy, Fifteenth; B, F. G Dodge, Nineteenth; N. K. Griggs, Gueo Twelfth; B. I. Hiuman, Lincoln, 1'wents sixth; J. A. Keniston, Cass, Fourth; James Kilbourn, Saunders, Eighth; 8. M. Kirkpat- rick, Cass, fourth; Lowis Ley, Stanton, Twenty-third; Waldo Lyon, Burt, Sixth; D! J. McCann, Third; S. P. Majors, Nemahu, Secoud; O. P. Mason, Otoe, Third; Samuel Maxwoll, Cass, Fourth; D. T. Moore, York, Thirteenth D. 'Neligh, Cumming, Twentieth ; S. Neowson, Oton, Third, W. Parchin, Richardson, First; H. W. Parger, Sewavd, Tenth; J. B. Phil. pot, Lancaster, Eleventh; B, Price, Jofter: son, Twelfth: H, M. Raynolds, Gage, Seventh; Soth Robinson, Lancaster, Eighth | J. B. Schofieid, Otoe, Third; Jacob Shaff. Saunders, Ninth; A. L. Sprague, Saunders, Ninth; A. I, Stevenson, Cuming, Sevevth; C. A. 'Spiece, Platte, Twonty-second; A. S. Stewart, Pawnee, Fifth; George H. Thummell, Hall and Merrick, 'I'wenty-fourth; K. W. Thowas, Nemaha, Fourth; £, A. Tis- dal, Nemaha, Second; E. 5. Towle, Richard- son, First; Victor Vifquaiu, Salive, Llov- enth; A, J. Weaver, Richardson, First; John Wiison, Johnson, Sixth, 7T'he convention met on June 18, and or- ganizod by oleoting Genoral Silas A. Strick- land president, Thesessions were continued from day to day until its final adjonrument on August 19, ‘when the constitution was vpromulgated, and an election for its ratifi- cation or rejoction was ordered to take place ¢ on Tuesday, Septemper 19, 1871, The con- stitution was ono of the most perfect orgenic laws that had ever been framed in the United States, “The following comment from the ven of Hon. Joseph Medill, editor of the Cbicago T'ribune, nnd one of the framers of the present constitution of Ilinois, which had been adopted the preceeding year, affords an unbiasea view of the constitu: tion which was submitted to the peoplo of Nebraska for ratification in September, 1571 “The new constitution of Nebraskuis to bo voted on by the people on the 1fth of Sep tember, No eloction has ever been held in the state 50 important to its welfare as this wiil be. The state of Nebraska was admitted 10 the union under a volitical prossure beforo it had the population requisite for a congres- sional district. But the state has had a won- derful growth, The opening of the Pacific raiiroad through 1ts entire length, tho sur- vey and commencement of various ot roads within and leading to the stato, the concentration, near Omaba, of all the great trunk routes from the east, have given Ne braska, within a few years, the growth and maturity for which other states havo had to wait o quarterof a century., The constitu- tion which would kaye been applicable for o people scattered along one great river, with some settlements in remote valleys or in par- ticular and widely separated localities, is not tho constitution suitablo for a state cutorii 46 upon a commercial caveer which, in a_very short time, will rival that of states balf a contury older. It was the knowledge of this fact that induced the calling of & convention to prepare a constitution adapted for the present and prospective wants of the state in place of the original charter, which is ad- mittod to be insuficient, lu no particular iz this botter shown than in the provisions of constitutions relating to the judici Nothing gives a bigher character 10 state than its judiciary, A pure and independent court of last resort wiil givoto a state a credit abroad, even if tho other branches of the state ve steeped in cor- ruption. The old constitution provided for a hoaring of appeals by a general term of tho cireuit or district judges sitting together. Each judge, therefore, was to review bisown judgments. Tho new constitution establishes* au independent supreme court to consist o thres juages, and such @ tribunal will bo of wcalculable value to the credit of Nevraskn, which, as a commercial state, will have busi- ness relations with all parts of tho country. The existing constitution contains no provis- ion for its amendment, except through the agency of a convention, and should the new constitution be vejected another caunot bo framed and go into offect before Jauuar: 1870, In the meantimoe the state will labor under all the embarrassments of the existing law. The new constitution is perhaps tho vest matured lnstrument of the kind ever prepared in auy state. It embraces nearly all the wise provisions of the new constitu tion of Illinols, with several additional precautions against fraud and extravagan “Had the state of Illinois enjoyed such a constitution twenty years ago it would have spared our people many millions of dollars shamefully wastod, and prevonted lagislutive and other frauds and abuses to recover from the consequences of which will cost years of ceasoless effort and the most expeunsive and vexatious litigation. In Nobraska the new constitution proposes to keep the state free; to protect the rights, liberties aud property of the peop'e sgainst confiscation by Wonopo lies, and to stop at the thresnold the creation of corporations greater than the state aud of the law Lo property of every citi- < L] whieh the person and zen Is amenable, If Nebraska wants to bo free—wants to escape the despotism of monopolies under which all her siswer states have suffered, and from which they are pro- paring at @ heayy cost to escape—let her adopt this consiitution now. Iive years hence it will be too late; the work will then he accomplishod, und the wise restraluts