The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1844-08-23
THE SPIRIT OF DE.MOCR.aCY
A u G u ST 23. 1874.
For the Spirit Of DemocI


ofhis associates, that the people could not call
convention with limited powers, such as to reform
the Supreme Court, for instance, but that con
venton whether SO intended by the people or not
would instantly be clothed with power to alter o
: abolish the whole constitution. This was the read
lest method OF defeating the bill, as no one wshet
to meddle with the whole constitution but only t.
amend the judiciary system, far relates to tht
1 Supreme Court.
; The following argument was delivered, in op
position 10 this insane notion. How far succeed
ed in the eye of reason, is cheerfully left for the
decision of my ieow-cizens.
EDWARD ARCHBOLD.
) Woodsield August y, 1914.
REMARKS OF MR.. ARcHBoLD.
In committee ofMe wh0le, on Saturday the 14th
January, the question bling on The motion Of
Mr.. Gallagher, Of CLARK, to strife ont the ,cOrds
"hird artie'e' ,chereufr they occur in the efra,
second, and third sections ctthe bill, by mhich
means the bill, if passed, ,cOuld prOriae for a
Convention scih general potcerS
Mr.. ARcHBoLD rose and said:
Mr.. CHAIRMAN If it is admitted that the
people have right to revise, amend, or alter their
whole constitution, why may they not revise,
amend, or alter part' Does notthe whole con-
sist of pars' five suppose the constitution divi-
ded into eight parts, will gentlemen contend that
the people cannot remodel one part without chang
ing the whole! That they cannot repair one pillar
of their temple, without tearing down the whole
structure' Its readily granted that the powers of
a convention would be absolute and pPnary on the
subject committed to them, but are the people ne
cessary compelled to commit every interest, how
| ever dear, however sacred, to any body of dele
gates, whatsoever? However high and transcen.
dant the powers of a convention may be, that body
will consist ofinere agents, delegates and repre-
sentatives Of the people. May ynot the people pre-
scribe the boundaries of delegated power? May
they not say to any body of agents and ministers
whatsoever, "ths subject we commit to your ma
ture and calm consideration, and this we deny to
your delberations'" In other words, cannot the
people make specialletter ofattorney? Can they
not create special minister with plenipotentlary
authority ou the subject committed to his care' If
they cannot, what becomes Of their complete SOW
erciguty' He might give special letter of ator-
ney to another person to sell horse or convey
piece of land, or he might give him general let
ter, authorizing him to conduct and manage all his
affairs, to oversee all his concerns. And what
would become ofhis control over his own proper
ty If he could not make letter of attorney OF the
former kind? Or if every special letter which he
did make must necessarily be construed into gen.
eral ope' And if he had given authority by letter
of attorney to an individual, to conveya tract of
land, who would undertake by virtue oft, to exer-
else general superintendence over all his affairs,
would he not'say "you are usurpcr and intruder,
and do not thank you for your ofiiciousness" Is
not the power of the people sovereign, absolute,
uncomfortable? And who shall prescribe boun-
daries to sovereign, absolute, uncomfortable power'
Yet gentlemen though forced to admit the sover-
egn, absolute. uncomfortable power of the people,
deny them the power of creating body of special
agents The people have unlimited despotic pow
er on all subjects, but no power one subject un-
connected with the rest! They have unlimited,
despotic power, but they cannot make special
letter of ATTORNEY!
The argument in behalf of the PEOPLES power,
seemed so plain, so unanswerable, so invincible
that he would suppose there could be but one opin
ion about it, in the minds of men who advanced
to the investigation without prejudice, and with
out bias; yet he had no hopes Of convincing gentle
men who had espoused the other side of the ques-
ton, however hastily. The opinion which dis
qualities the people has the advantage of color, of
surface, of appearance, and above all, Of absurdity
and paradox A man may abandon his own off |
spring, but alogician will never abandon his para
dox. The pride Of the understanding more or less
inherent in all men, forbids such surrender. The |
man who is fully persuaded of the inability ofa |
witch to cross the broomsck which lays at his door
will never believe that she can bona tide, cross |
broomstick. 1t might be very convenient for ihe
old lady to possess the power in question, and it is
very difficult to assign any for her disability
but SO it is, the disability exists, and it would be
heresey, heterodoxy and infidelty to deny it, So
it might be extremely necessary and convenient for
the people to be able to create convention, with |
ample and plenary powers over one branch oftheir |
constitution, without submitting the whole instru-
ment TO their discretion; but 10 assert that the peo
pie have such power, is as heterodox and radical |
il would be in the eyes Of the good mussulman to
deny the truth of the alcoran, Other gentlemen
admit that the sovereign people may clothe con-
yention with full power over one article of the
constitution, or with full powers over the whole
instrument; but that the General Assembly can !
take no steps to facilitate the action of their will
This opinion seems more liberal in theory than the
former, butit only 10 theory. How can the peo-
pie act on any subject, except through their con-