1. CHANGING TIMES AND CONSTITUTIONS: 1818 AND 1848

Illinoisans share a deep commitment to representative government which rejects the most destructive forms Of Partisanship and which attempts to be impartial in the exercise of individual rights.

This belief is best conveyed in the form of written constitutions. The content of any constitution, however, depends upon the sentiment of the majority at that time toward particular governmental structures which promise to best represent the people.

In 1818, Illinois' first constitution reflected democratic sentiments by vesting most power in the legislative branch of government, by eliminating all property qualifications for voting, and by providing that most officials be popularly elected. The executive branch was consciously weakened by making the governor ineligible to succeed himself. Since state expenditures scarcely exceeded $46,000 by the fifth year of the state's existence, it was naturally thought that there was no real need for a major executive Power.

The bicameral legislature was limited to a maximum of 36 representatives and 18 senators until the population reached 100,000, after which it could expand according to a formula. Empowered to make laws, the legislature also had the authority to appoint those executive officers it found "necessary" Most important, the justices of the supreme court were associated with the governor in a Council of Revision which had the right to veto bills passed by the legislature but whose veto could be overridden by a simple majority of that body. The council proved to be ineffective. It was really a violation of the principle of separation of powers, since the justices who sat on it found themselves involved in law-making as well as in deciding on the constitutionality of the laws they helped to enact.

The delegates compromised on the issue of slavery. They agreed to prohibit bringing any new slaves or indentured servants into Illinois and to free the children born of these groups already in the state, when such children reached adulthood. On the other hand, existing legal rights in slavery and indenture were protected. Heavy criticism resulted from the failure to expressly prohibit any future changes in the constitution which might allow the introduction of slavery. It was this inaction which explains the 34 dissenting votes in the United States Congress, House of Representatives, against Illinois' application for statehood.

By 1847 the political situation in Illinois changed, and a constitutional convention was called. The principles of Jacksonian democracy then dominant preferred executive power over legislative, supported popular election rather than appointment of judges and executive officials, and exhibited a general hostility toward banking. Once again however, the state was fortunate in that the convention was no dominated by either

Democrats or Whigs; and the resulting constitution was a reasonably balanced, representative document.

The power of the governor was increased by abolishing the Council of Revision and by giving him the legislative veto. His veto, however, could be overridden by a simple majority Of the legislature rather than by the two-thirds majority which most Jacksonian Democrats supported. A Democratic proposal to prohibit the incorporation of banks was defeated, but a requirement was adopted providing that any laws which did incorporate banks had to be ratified by the electorate in the next election.

All state and county offices were made elective. The Principle of popular election was further extended to supreme court justices who were to serve nine-year terms. Under the formula of the constitution of 1818, the size of the legislature had grown to 162. The new constitution reduced it to 100--75 representatives and 25 senators. Suffrage was limited to white, male citizens over 21 years of age.

As in 1818, a bipartisan agreement on the slavery question was reached. It resulted in the prohibition of Negro suffrage as well as in the adoption of a constitutional prohibition against the immigration of any Negroes, free or slave, into the state of Illinois. Demonstrating that the delegates had indeed captured the real sentiments Of Illinoisans, the second constitution was approved by a four-to-one majority on March 6, 1848.

The first two state constitutions indicated quite. clearly that Illinois politics did not reflect basic and crucial sectional social, or ideological cleavages. Only on the slavery issue was that even implied.

In all other instances it appears that Illinois' constitutions have been truly representative documents reflecting the fact that American Political parties are aggregations of people seeking to win and exercise Power, rather than supporters of basically conflicting philosophical and ideological positions.