The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1841-12-28

The whole Of this declaration was copied and
inserted in the Constitution of Kentucky; and
the declaration that the people have at all times
the right &C., is found in most of the Constiiu-
tons which have been formed since that Of Penn
sylyania. And all the States seem to have kept
an eye on this declaration, and have in no case
placed the least restriction on Convention as
sembed to amend Constitution, but in all cases
the whole Constitution is before them for their
consideration and amendment. 1t seen by the
Constitution of Kentucky, with what care they
have adhered to this principle. The Constltu,
ton provides, in substance, that when 1t shall
appear 10 both branches of the legislature, tina:
the Constitution requires amendment, and shall
concur in passing alaT specifying the amend
ments intended TO be made, for taking the sense
OF the people as 10 the expediency oil calling
convention, and if there shall be majority oil the
people in favor oil a Convention, Convention
Shall be called, fur The purpose Of re adopting,
amending or changing the Constitution. Now
il is worthy of remark, that these amendments
are proposed BY the Legislature, and that the
people are represented iE The House oil Repre-
sentatives, precisely as they are 10 Convention
10 amend The Constitution, therefore, If the Con-
stilution had restricted the Convention TO re-
lection o. adoption OF the articles without amend :
ments, an objection TO il would be more technical
than solid vet the trainers of that Consultation,
have al all times the right 10 remodel the whole
| frame of government; and tina; when convened
10 amend the Constitution, it is highly improper,
if absurd that they should be restricted IN the
exercise of that right.
In the Constitution of Ohio there is singular
inconsistency. The article providing mode of
amending the Constitution concludes as follows:
But no alteration of this Constitution shall ever
take place so as to introduce slavery, or involun
tary servItude IN this State" and on the same
page we fnd the following declaration: "To
effect these ends, they the people have, al all
times, complete power 10 alter, reform or abol-
ish their government whenever they may deem
il necessary" But they were compelled by an
ordinance of Congress, 10 make their Constitution
unalterable, as it respected the introduction OF
slavery; and they chose TO appear thus nconsst-
ent rather than omit the declaration that they had
al all times, complete power TO alter, reform or
abolish their Constitution, whenever they may
deem it necessary. 1t is pity they were COM
PEELED thus to deform their Constitution, by in
ser,ing that prohibition, which has become so IN
necessary, for at this day, the constitution OF man.
will effecIualiy prevent the introduction ofsaveiy
into States which are now free. In the slave
States, the love of money and the love of justice
are put in the balance against each other, and
the love of nonev preponderates but in The free
states, the love Of money and the love Of justice
are both in the same enl of the scale, rendering
the introduction of slavery impossible.
Having given an account OF the origin OF the
article in Pennsylvania. its adoption in this State,
and its final rejection in Pennsylvania, it remains
to make more particular examination of the
several provisions contained in the article in
question. With respect to ALI the provisions con-
iained in the article except the last, making pro-
visi'in for amenling the Constitution it might be
sufficient 10 observe that they are utterly useless
and appeal TO our own experience 10 verify it,
Still we all have cuTinsitY TO know how these
provisions came TO be made. What induced the
trainers of the Constitution TO make these pro-
visions part Of it. Indeed, il is necessary to
certa n his, and what was the Constitutional law
Of that age, in order 10 ascertain what is the
true construction ct the Constitution. have had
occasion elsewhere to remark that at The time our
first constitution was adopted, il was considered
that when a Legislature was constituted its pow
er was unlimited. No idea was en- ertaineG that
the aw-inaking power could be limited and all
restrictions upon the Legislature contained in the
ConsI tuition were considered merely directory.
The idea that the Judiciary, by all considered a
subordinate department of the government, could
adjudge an act of the Legislature void, as being
repugnant to the Constitution, never entered the
Inind Of any one, so difficult was it to separate
absolute sovereignty from the aw-making power,
as they had ever been connected since time be-
gan, until separated by the American ConsiiIu-
tons. This accounts for the insertion of the
clause auihorsing the Council TO recommend 10
the Legislature the repeal Of all such acts as thew
the CouncI] should deem unconstitutional.
they did not authorize the Cruncil to order the
repeal of such acts, because they considered The
power of the Legislature which they had created
was omniroent, and could not be controlled BY
the Council. or any other body of men. Rui as
the impeachment of State criminals is not leg
slaiive act, they authorized the Council TO order
mpeachments but how they intended either the
Council or the House of Representatives should
proc, ed, have not been able discover. If
they intended the Council should draw up arri.
clts OF impeachment and lay them before the
House "a bill of Indictment is laid befnie the
Grand Jury, it is mere idle proceeding. If they
intended that the House should impeach the
Grim nal by force of The order, without evidence
il is perfectly ahSur,. On the whole. | am
strongly inclined TO the opinion, that the writer
of The Article Put IN both clauses" to pass pub
Inc censuTes," and to order impeachmenis'
merely to round Out period, without having any
ideas on the subject.
The clauses relation to til, repeal of uncon-
sItutional acts never would have been inserted,
If the trainers of the article had foreseen that
such acts wcu'd be adjudged by the Judiciary, to
be utterly void, as we'll before, as after repeal
But even before il was adjudged that such acts
void, good ever resulted from this rrovis-
ion. The different councils of Censors, have at
different times recommended the repeal of acts
which they deemed unconstitutional Some
times The Legislature have repeated them, and
sometimes they have refused to repeal them. !
Sometimes one made correct decision and
sometimes the other and snmtmes, when boii |
have decided an article to be unconstitutional, /
they were both wrong And this may prove to |
have been the case, when certain sections of the |
militia act were repealed al the last session, ON
he dotIn nnff tn IF
Al any rate, it is utterly useless, for it settles
nnfhInn The Iudiciarv must nlfma Ielu settIe oil