Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1845-05-03

whether our law-givers have not a. much
right to pass The oct to which We have AL
luded - they had to enact the law author
izing an expression Of the wishes Of the
people in relation to the holding Of con-
vention? We are not aware that the pro-
priety Of the step taken BY the Legislature
in the latter case was ever called in ques-
ton, and we believe that even our cotem-
porary submitted quietly to the decision,
without mooting its legality. And yet, SO
identical are the cases, that ifthe action in
reference to the one was right and proper,
it must be SO in the other. The conven-
ton had been voted down but year be-
fore by q majority three or four times as
large as that now against the constitution;
but circumstances not necessary here te
be stated led the members to believe that
a great revolution had taken place in pub
lie sentiment on the subject, and they ac-
cordingly passed q law authorizing Sc
cond vote to be taken. In relation to the
constitution, every man who knows any
thing at all Of the circumstances will admit
that it was rejected because Of the inter-
ference with the boundaries by Congress,
and that vote upon the instrument itself
disconnected with such amendments, would
show totally different result. A second
trial, therefore, is what the people want;
and all they ask of the Legislature is that
at the August election The township cleo
ton officers may be required to receive
and make proper return of the ballots cast
for and against the constitution, so that
fraud and illegal voting may be guarded
against. AS to the allegation that the
members are without instructions on this
point, it may be true Of some, but we deny
that it is SO of others. 1t is new doctrine,
however, to say that on question of this
kind-one purely Of privilege to the peo-
ple-the representatives are to abstain
from acting because Of the asserted ab-
sence Of instructions. If legislative bodies
are only to move when instructed SO to
do, the people had better abolish them
and enact their own laws directly. But
how could positive instructions be given
when the constitution was voted for the
same day the members were elected, and
its fate was merely conjectural?
But the constitution, we are told, hat
once been repudiated by the people, and
the verdict is final, and not subject to b
reversed. The facts are otherwise. The
constitution has been rejected-reluctantly
rejected-by the votes Of its friends, 70,
reasons well known, but the people hav.
not repudiated it. 1t sleepeth, but is moi
dead, as future events will show. 1t i.
idle, however, if not worse, to say that it:
recent rejection precludes the possibility o
its ratification at any future day. The PEG.
pie frequently err in judgment, and when
convinced Of their error by subsequent
events, they embrace the first opportunit,
to reverse the verdict. The history o
our country is full of instances Of this kind
and the one freshest in the. public mind j.
perhaps the most forcible-we mean tn,
recent restoration Of the government to tn,
hands of democratic rulers. The Hawk
eye itself has not practised upon til,
doctrine it here puts forth; for although
Dir. Clay and the measures Of the whil
party have over and over again been ere
pudiated by the people in way the mos
solemn, the most effective, and the only
legitimate way in which they could ex
press their opinions on the subject
through s'the ballot box it is unceasin,
and untiring in its efforts to effect rever
sal Of the decree.
We have run out our remarks upon thi
subject to amuch greater length than we in
tended when we began, and must hasten t
close. The objections adduced in supper
of the ilegaliiy Of second vote upon tn
constitution are Of the most flimsy charac
ter, and will have no weight whatever wit
the democratic majority in the Legislature
1t is expected that the wings, who fondl,
Imagined that the constitution, once reject
ed, could never be revived, will throw
all the obstacles in their power in tn
way Of the majority. but it will avai
naught. The democratic members have
duty to perform, and they viii not shrin
from the discharge Of it.
EDITORIAL Change.
The last Iowa Capitol Reporter amour
. ces partial change in the proprietorshi