Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1842-08-13
rT,r fhr gn-sffe.
THE PROPOSED REVISION OF TILL
STATE CONSTITUTION.

out State Cfastltut6n, VIII CHI provides tor iis
amendment or change, bsgs leave to give Mr.
Editor, through your useful columns. a fur.
Their view Of the grounds Of controversy. lie
is not SO vain 40 10 lrn8gi,ie his opinions are
infallible, or that his construction Of the l6W
and Constitution may MT bs erroneous. His
doubts arc he restlt Of At least honest conyIc.
ton, and he IL very much dtsp ,se to agree
with the good natured Squire of the valiant
Don Qulxotte. ,ltat truth and certainty in
mans speculatlops on any subject, are con
fined to such narrow limIta, that i, b%ehooycs
him to be- ,nodcst. The mind of The writer
may not be gifted with the clear perception
between the right & wrong eide Of d question
which nature in her kindness has bestowed
on others, but at least he has the charity TO
admit. he ought hot to cit az Judge in his own
cause and declare those who differ with him IN
opinion, the subjects Of a delusion. The
question 10 one. IN the humble conception Of
the author Of these remarks, Of high and scrl-
Gus import I" the people Of the STATE, and
ought 10 receive the deliberate and candid
consideration Of every one interested in their
welfare.
In resrnling my observations, lot liz ask
ourselves the ques'ion,-is it not strange The
the Constitution should, IN It's first step to-
wards calling a Convention. make it the duty
OF the legislature tn declare by law the lntcn-
ded or proposed alterations, aud yet conclude
the same article. by providing for a Conyen-
ton to be called, to "~readopt, amend or change
tbs Constitution y Ia re -adeption an ~aItera-
ton, or amendment OF the Constitution ! is en-
entire change, included in the term, "lnt, nded
altera,ionEt' Ifthe Constitution ig to he con
strucd strictly and the Convention ia bound
By the "tntended alterations item have our
ancestors most eflectuslly cut Of our power TO
re adopt, or eatircly change our present sys-
TEN Of Government. Il is however, contend
cd. this can be done by selecting members of
the Legislature, who will propose and pass a
law for the cali of a Conventionso consider
the proprir;y of re-aloption. or m entire
change. Where do we find authority for th,s
mode Of proceeding 7 the Constitution speaks
only OF alterations intended to be made. and it ia
nowhere aaId the Legislature shall have power
to pass an act OF law, for re-ndnption or a
change of the ConsI tuition. II by construr-
ton You can extend a term or phrase which,
from the manner 1t ls used evidently refers
merely to proposed amendments. and not to
an entire change or destruction of the thing.
and contend the Legislature have under tn f
article, the RIGHT to propose BY law. an aboli-
ton or 70 -atioptIon OF the present Constitution,
then is there an end to The Argument. II has
always been understood. the safety derived
from constitutional government. is TO be found
ia the restrictions it imposes, but il these can
be set aside by Interpretation or constructlonsto
SUIT the tunes or the convenience of the mo.
,nent, then are these restraints entirely nuga-
tory 8nd worthless-they are in fact but beau-
'iful theories intended TO fatter The ~fancies Of
their Utopian founders. II is n principle in
matle matirs. the greater includes The lesser,
but il would hardly be reasonable TO infer Tint
a power 10 amend, includes that Of destroying
or entirely changing. II the Legislature may
only take the first step In strict pursuance of
the provision of tho present Con stitution, it
will pass a law specifying the alterations in
tended to be made. and no other act or law
will be regllaf or proper; bnt as 10 the pco-
pies right TO re-adnpt or entirely change their
present government, or even 10 entertain the
IDEA, our ancestors being much wiserlhaH our.
selves, and being our special guardians for
all time to come, have most eHcctually pre-.
vented the exercise Of all such right. If this 1
view Of the matter he correct, the convention
could not haveentertaineI very elevated no.
tons Of mans capahlliiy for Selcgovernment,
and came 10 the conclusion that its wisdom and
foresight ought TO be a guide for their posteri-
ty. ItlS well. assemblies Of this kind. should
have just notions Of the dignity Of human ma
ture, bu, i is demanding rather too much 10
deny their successors the ssme privilege.
The writer denies the right exists in any
Convention 10 trammel the power of the sove-
reign TO change a, any time his rule Of action.
This body Is not called together to i'm pc e
restrictions on the exercise Of A right, which
IN its nature is unalienable and which the |
people could NOT, even If they would, part with
and yet retain the scinhlance of f~rccnen.
StrynSp ty,Sfrnx If shr ,pn,,ct -hIs,.-. /
imposed on the Legislature, the duty Of point.
ing out the alterations intended to be made, had
been given to the governor and the Conven.
ton should be restricted in their deliberations
to the suggc stions he should make, would not
the people have virtually resigned their law
making power to the within and caprice of
one man! Would II not present Il strange
and novel spectacle, to witness a man chosen
by the sovereign prescribing to hirn. on wha,
subjects he shall deliberate and act, and in
what respects he shall be permitted TO exa-
mine and decide wherein his government is
defective or requires change or amendment
What difference does 1t make whether this
dictaiion lows from one or more agents, de-
irving their powers from the sovereign! They
are all equally his subjects, and yet it is pre-
tended having ence made them his agents,
they can combat the will Of their principal
that in fact he is no longer sovereign, The
Legislature is but the agent of the people, aud
yet il is commended the latter have by their
Constitution, given TO the former power to
dictate to them the subjects, the term and
on which they, the people shall de-
llberaie in the Convention : II the agents ,
In the first instance happen to dictate
too much or too little, the only remedy (lfit
,an be called one, lis for the people to bear
he ills under which they labor and vote
against the call of a Convention, or by voting
or IT express themselves for those measures c
o which fher are opposed. t
l cannot bring my mind to conclude the y
Convention ever intended to dictate 10 |
o%osteritT. IN this matter; but as the subject Of d
/ chang" Of government is a grave one, and r
he process attended with expense and trou. y
DE 10 the people, it was thought prudent they ,
not even be called ON 10 vote on the
natter until the Legislature had first. made
ngsesttcns ana proposed certain measures :,
'hlch In their opinion had created & necess!- :.
y for the call. Suppose no such provision 7
xisted, would not the Legislature in passing ~
law 10 call a Convention be Influenced by :.
nc conviction the Constitution required q
or changes aud what more has d
nc present Constitution required than to de- n
sare that the reasons Of tho Legislature which Il
loved them in passing the law shah be given a
the public9 The power and the right of 81
he people 10 reconstruct. modify OF DESTROY, OF
oes MOI cease 10 exist because ii has been v
exersed. The right arm Of the giant is G.
Til there, subject only TO the volit;on of the al
The Conversion is either . hoSv rc- "A