a desperate faction may
be sustained at the expense of the people. The change proposed in the
judiciary was supported upon grounds so destructive to the institutions
of the country, and so entirely at war with the rights and liberties
of the people, that the party could not secure entire unanimity in its
support, three Democrats of the Senate and five of the House voting
against the measure. They were unwilling to see the temples of justice
and the seats of independent judges occupied by the tools of faction.
The declarations of the party leaders, the selection of party men for
judges, and the total disregard for the public will in the adoption of
the measure, prove conclusively that the object has been not reform, but
destruction; not the advancement of the highest interests of the State,
but the predominance of party.

We cannot in this manner undertake to point out all the objections to
this party measure; we present you with those stated by the Council
of Revision upon returning the bill, and we ask for them a candid
consideration.

Believing that the independence of the judiciary has been destroyed,
that hereafter our courts will be independent of the people, and
entirely dependent upon the Legislature; that our rights of property
and liberty of conscience can no longer be regarded as safe from the
encroachments of unconstitutional legislation; and knowing of no other
remedy which can be adopted consistently with the peace and good order
of society, we call upon you to avail yourselves of the opportunity
afforded, and, at the next general election, vote for a convention of
the people.

S. H. LITTLE,
E. D. BAKER,
J. J. HARDIN,
E. B. WEBS,
A. LINCOLN,
J. GILLESPIE,

Committee on behalf of the Whig members of the Legislature.

AGAINST THE REORGANIZATION OF THE JUDICIARY.

EXTRACT FROM A PROTEST IN THE ILLINOIS LEGISLATURE

February 26, 1841

For the reasons thus presented, and for others no less apparent, the
undersigned cannot assent to the passage of the bill, or permit it to
become a law, without this evidence of their disapprobation; and they
now protest against the reorganization of the judiciary, because--(1)
It violates the great principles of free government by subjecting the
judiciary to the Legislature. (2) It is a fatal blow at the independence
of the judges and the constitutional term of their office. (3) It is a
measure not asked for, or wished for, by the people.