just and intelligent expectation of the friends of the present administration, that the wise and humane measures of the party in power would commend themselves to the approval of the American people. Thus sanctioned and endorsed by an unusually large majority, substantially freed from the usual bitterness of party strife, and to an unusual extent enjoying the confidence of the whole people, the party in power must go forward calmly, prudently, but firmly, in its great duty to administer the affairs of the nation on the basis of the prosperity of the whole country and the substantial and enduring happiness of all its people. It is pleasant to witness the urbanity of our political opponents, and the good cheer with which they accept the result; a good example, whose wholesome lesson we may sincerely hope will always hereafter be imitated by minorities.

We hold that the national Union is paramount in the exercise of its granted powers, that it is absolutely a government with certain clearly defined powers granted in the charter of its creation, and that between it and the State governments there is, and of necessity can be, no conflict of authority or jurisdiction; or if, in any event, such a conflict may, from any cause, seem to arise, the means for the peaceful and proper settlement of it will be found in the judicial authority, or finally in a resort peaceably to the tribunal of the people. That our character of citizen of the United States is at least equal to our character as citizen of a State, and that in all fair minds there can rest no just ground of suspicion that the citizen of the United States will seek at any time to circumvent or centralize any right or power of the citizen of the State, so long at least as the same human nature enjoys the two citizenships in one person. That national government, State government and municipal government are but emanations from the people; that at last all power will be found there; from them it comes, to them it must return; and he who is thoroughly imbued with respect for, and confidence in, their patriotism, intelligence and good sense, need take no special uneasiness to himself as to whether this or that grant of political power will trench upon, eat up or devour all others in the common country.

If this devouring process 'should ever make any alarming or perceptible headway, this American people will promptly take the aggressive spirit in hand and effectually thwart it. Laying aside all apprehension as to any purpose or design to assume or invade the rights of the States or the people, wisely reserved to them, one may naturally have solicitude as to the wise and expedient exercise of those known and acknowledged powers which the national Congress is constantly called upon to put into practical operation, in meeting the demands of ever growing and expanding interests, of increasing wealth, population and intelligence, and the diversified enterprises of an active people, never at rest and never desiring to be. I do not so much dread the reaching after forbidden power, as possibly the reaching after enterprises, or the inaugurating of measures, probably within the grant of power, but which it may be unwise for the nation to embark in.

In our land and by our people it is held to be the wiser course to rely upon individual enterprise in all projects where capital and labor are to be the chief instruments of operation, not necessary for the national defense or the national welfare. I would, therefore, restrain rather than encourage enterprises by the government which would flourish most efficiently in the hands of the people. After all, who can foresee that the proper exercise of powers which many affect to regard with distrust,

may not hereafter, at no remote day, prove the means of the greatest blessings to our people, should the future develop the unpleasant fact that through the indiscreet exercise of State legislation, very dear and valuable interests have been sacrificed under the excitements of past years, or the too eager desire for local advantages in the development of coveted wealth. For my own part, free from the anxieties of those who seem to live in dread of the complex nature of our government and the possible betrayal of its proper and well-defined purposes, I take it to be a great advantage we have it as it is, and now and here renew my acknowledgments before this honorable body and the people of the State, to the great wisdom, the exalted patriotism, and the sublime courage of the Fathers of the Republic, for the priceless heritage.

Returning to the consideration of those matters which more immediately concern us as citizens of the State, I commend to your earnest attention the information laid before you in the recent message of my distinguished predecessor, whose large experience and familiarity with State affairs entitle his recommendations to the candid consideration of the Legislature. It is a pleasure to congratulate you, that in that general sense in which all the interests of a people are considered, it may be correctly said, our affairs are in a satisfactory condition; in a more limited, and yet largely in a general sense, it is hardly so. All those products, the result of the labor of the farmer, are ranging at prices scarcely remunerative; the productions of other branches of industry are nearer the prices of more recent years; corresponding changes have not for some cause affected other industries. This state of affairs cannot last long; the equilibrium will come and then we shall be on better terms. While laws may be passed to facilitate commercial transactions, I do not believe the laws of trade are to be materially af fected by the laws of Legislatures. But it is true, when any great interest or enterprise is based upon and created by legislative enactment, and owes its origin to such a source, that it can never justly outgrow and escape from the restraining power and influence of that law. It will, however, in all cases, be better to harmonize conflicting interests according to the usages of trade, fair dealing and a just regard for the rights of others, rather than seem to outrage and defy one interest by another, on some assumed superiority of right or granted privilege. The law never meant to give one interest the right to oppress another, and no created or trumped up necessity will ever be accepted as an excuse for the imposition of odious discriminations by one industry against another. By our people it is felt to be a hardship to pay the present rates for the transportation of their farm products to market, and to submit to the discriminations levied upon them. If it be true that railroads are charging higher rates than they are reasonably entitled to, upon freights and passengers, it will be strange if they shall not speedily make them conform to the sensible demands of trade in this respect. If the laws of trade will not bring about this result, some other law will.

Fifty-four years have passed away since the admission of Illinois into the Union. We have, in that time, twice altered and remodeled our Constitution, so that it may be said we have had three Constitutions. It is safe to say, taken all together, each has been an improvement on the one it has supplanted. We now have a compact framework of government in which is embodied the experience of years, and the general views of a majority of our people upon the more general principles of government to be found in State Constitutions. The last General As

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sembly addressed itself to the laborious duty of putting it into complete [Jan. 13 operation by providing the necessary legislation for that purpose. perience will doubtless show that modifications of those laws will, from time to time, become necessary. This, indeed, is the great purpose of legislation to follow after the deliberations of preceding bodies, and mend up and alter what has been inconsiderately acted upon; repeal what subsequent experience shows to be improper or useless; modify and amend that which seems injudicious, as well as by original enactment to create new laws for and in response to new demands, or to meet increasing necessities of the people. I doubt not a candid and impartial review of the legislation of the State would show that the splendid progress made in the last fifty years by our people in the substantial elements of human happiness is largely attributable to this agency. I know of no country where the rights of property, the safety of private interests and the enjoyment of personal liberty are more securely guarded than amongst our own people by our own laws.

There are certain principles of government which, so far as they affect us in our political relation as a State, are regarded as fixed and of constant application. All property shall be taxed according to valuation. The means to carry on the government shall be raised by taxation. The revenue cannot be expended save by appropriations made by law. Laws for almost all purposes shall be general and uniform. cause of education, too, as well as the fostering of charitable and The benevolent institutions, are now recognized as necessary subjects of legislation. In regard to these latter subjects, I shall have occasion to no more than call your attention to the present condition of our school system, including, of course, our Normal and Industrial schools, our established charitable and benevolent institutions as well as the penal and reformatory establishments, and to urge upon your notice and commend to your care, the importance of continuing all of them as useful means of improving the public intelligence, alleviating the public misery and correcting and punishing the violations of public law. Especially in regard to our benevolent institutions, I would go further; indeed, I would not stop until suitable accommodations shall be provided for all those who suffer from mental disease, or habits, in our State, who are the ceaseless objects of pity and commiseration. By every attainable means, I would provide for testing the best methods of treatment and cure, so that no misery may be found in the State without the hope of alleviation. I would not provide costly and showy structures, but would, whenever necessary, erect plain and inviting homes where comfort and health should alone be considered. the cost of new buildings for institutions and the sum of the annual I know when we look at appropriations to carry them on, we are naturally enough beset with hesitation, and doubt if we shall be sustained by our constituents. We must not forget, however, that our population is rapidly increasing, our wealth augmenting and our enterprise expanding, bringing with them not only the glories of an advancing civilization, but the ever attendant companions of misery, misfortune and woe.

The range of subjects to come before you for legislative deliberation. are almost illimitable. Changes in existing laws frequently become necessary where a general principle, accepted and settled as such, must be made to conform to the public convenience by the simple alteration of some section, or the addition of some new provision. The circumstances of a State, like those of an individual, are constantly changing in what

may be called the common affairs of life. Experience establishes this great truth, however, that well settled laws, like well settled rules of life, ought not to be changed for light causes, nor upon slight and immature reflection, Stability is one of the most desirable elements of good government. Once the people habituate themselves to the established order of things and generally conform to and sustain existing statutes, I doubt that expediency which suggests any change not based upon what would seem to be a general and intelligent demand. Uniformity is not more desirable than stability in the municipal regulations of a great people. So, too, in dealing with the revenues of a people who have always shown a commendable willingness to furnish the means of government, and who grumble as little as any community to be found any where in paying necessary taxation for the obvious purposes of self-government. Too much caution cannot be exercised in selecting the objects of its use, too much care cannot be bestowed in considering the purposes for which it may be sought, nor in the mode of its expenditure where positively demanded for the public good. You must, in all cases, be the judges of what appropriations are or shall be necessary; what objects of concern or projects of improvement demand support from the treasury; what amount of revenue shall be raised and expended. You will fearlessly meet every obligation of good government and pass upon the merits of every scheme to come before you demanding legislative action, and doubtless will not hesitate to meet, in a liberal spirit, every just and proper demand to be made upon your deliberations. If a recommendation were necessary, I would heartily recommend such action; but this suggestion occurs to me and I submit it to your consideration. Just now and indeed for some years to come, many of our counties, towns and cities are laboring under the self-imposed infliction of local indebtedness, contracted largely in encouraging the construction of railroads leading to, or running through their limits. The bonds issued to meet this indebtedness, and the constantly accruing interest upon them, must be paid. In order to discharge these obligations and preserve good faith, heavy local taxation will be necessary for some time. Prudence may therefore dictate, that while, as guardians of the whole State, you must look first at the public welfare, you ought not entirely, in imposing taxes for State purposes, to lose sight of the local burdens which are to be met and borne by the same people who also furnish the means to meet appropriations for the general objects of State care and control.

Gentlemen, I respectfully invite your attention to the consideration of another subject. I think the circumstances of the times will permit a brief discussion of it, as I believe the public feeling and judgment will sanction the changes recommended in regard to it. There is, or there ought to be no excuse for mob violence in a free government. No pains should be spared in providing against any excuse for this abhorrent method of settling grievances. It is a dangerous expedient, one to be condemned at all hazards, and in no event and under no circumstances, though ever so aggravating, to be excused, palliated or resorted to. The law must govern. It must therefore be made to meet every condition of society, to define, regulate and punish every crime and outrage; it must be certain in its definitions, consistent but unrelenting in its punishments, and everywhere, under all circumstances, in every community, punctually, fearlessly and scrupulously executed. A too tender regard for human life must not allow the criminal code to be so written, or executed as to encourage or indulge daring violations of either its

letter or spirit, or to afford the means under the indulgence of mere technical constructions of it for the escape of criminals. There is always a feeling of insecurity in the public breast, and to some extent, a loss of confidence in the efficacy of law, when the community learns that one of its violators has been permitted to escape punishment through some mere form, technicality or improvident delay. A deliberate violator of the law may be entitled to our sympathy and eventually to our mercy, but not until after justice shall have been substantially served. So long as willful crime continues to be a feature of human society, it must be punished; and if malignant and cruel it must be severely punished. Our solicitude for the innocent will not excuse us for a system of criminal jurisprudence, which may, however faithfully executed, yet be so lenient as to facilitate the escape of the guilty. Instead of enlarg ing, we must limit and restrain the opportunities of escape. That humanity which is based upon justice, will outweigh, in the long race of life, in advantages and blessings to mankind, that humanity which is based upon mercy alone. I adore that principle of justice which holds every man innocent until his guilt shall be proved by competent evidence, and that other equally important provision of our American law which guarantees to every person a trial by a jury of his countrymen, but I would, in practice, decline to carry the indulgence of this constitutional right to such extremes as to afford a pretext for baffling that other principle of human justice, as well as divine, which demands that the guilty shall suffer. In this enlightened age of the world, and in our now generally largely populated counties, filled with the active industries of an energetic and educated people, it would hardly seem possible any criminal for any offense or crime may not receive a fair and impartial trial, in the county where the offense may have been committed. The policy of our law was, for years, to indulge the caprice of every criminal who, under any pretence, would seek to delay justice and thwart the sanctions of the law, by filing his affidavit, full of perjury, to secure a change of venue. It was the necessary part of every desperate case to resort to this practice. Lately this policy has been modified. I think the time has now arrived when we may safely, in the interests of public justice, entirely abandon it. I therefore recommend to your honorable body the passage of a law to disallow changes of venue in all criminal cases. I do not see but that we may also wisely disallow changes of venue in civil cases. It is not true, in any civil case, tuat parties may not receive ample justice in the county where the cause of action arises, or where the suit may be begun. There may possibly be causes in which the court may be interested or of kin to the parties; even in such cases, I think, it would be far better for all parties to abide by a law which shall provide for a competent person skilled in the law to sit in the case, and thus save to parties enormous bills of costs, to witnesses great inconvenience and annoyance, and to the administration of justice much loss of time and embarrassment.

If any apprehension may exist that in any possible event competent jurors may not be found in criminal cases, this may be removed by enlarging the list of competent jurymen. A man in all other respects deemed qualified to sit as a juror in a criminal case, ought not to be deemed disqualified because as a reader of the news of the day-a habit, I believe, rather creditable in the public estimation-he may have read newspaper accounts of the case he may be called as a juror to decide upon. The law should go further, and declare every person com