New-York daily tribune., 1845-05-15
THE CONVENTION QUESTION.
Speech of Hon. John Young.


vention should be regarded with different senss-
tons by minds diversely constituted Those ,rho
are afraid Of unlimited Popular Sovereignty. who
habtually dread innovation and recoiI from change
but especially those who live in constant fear that
any change may deprive then OF privileges or ad-
vantages which have somehow fallen 10 their share
will naturally regard the proposed Convention with
dislike and suspicion. By another and much
larger class il will be regarded very differently.
The following extracts fron Speech OF Hon.
JOHN YouXG in the Assembly appear 70 US 10 meet
the main objection to Convention very fairly and
we csmmend them 10 general regard:
Let me look for moment at this question OF the
power OF the Legislature te pass law sending the
question Of Convention 10 the people. did not
suppose in the outset hatthss was question that ad
miued of controversy. Iss apower that has been
twice exercised by the people OF this State. II has
been exercised by every other State, believe, in
the Union, and in several OF the States more than
once but notwithstanding II has the sanction OF so
much precedent, gentlemen OF distinguished ability
here deny the existence of such power, and assaii
the attempt 10 exercise IL as revolutionary IN lts
character and their position seems 10 be sustained
by respectable portion OF the public press. In this
ASPECT OF things il becomes US 10 examine this ques
ton with care and dellberatIOn and in dong so
propose 10 leave out OF view the strong (and as
think conclusive) argument drawn from the prac-
ce of this and other States except in so lar as 1t
NAV be necessary 10 resort to II TO ascertain the
sense in which language is used. As understand
the Constitution il confers upon the Legislature the
power to pass law authorizing the people TO vote
upon the question of Convention, not by mere I'M
putatlon but in express terms
The first clause Of the first section OF the Consti-
tuition Is IN these words:
The legislative pow oil tfs state s'9 Oe 'es'eu III
Senate and Assembly
When we read these words, our hrs, inquiry
ehould be, What do the words . legislative power
as here used meant IF these words or words OF
the same import should be used IN a country where
legislation was unknown, they would be entirely
without meaning, but IN civilized countries ,hey
have A clear and well defined sIgnhcailon. hey
have the same Specification IN all clvil!zed coun-
tries but convey the idea Ot more power IN soiil'
than in euhers but the difference Is only IN de-
gree By Legislature po,ccs everywhere ls meant
that power that is exercised by legislative bodies,
and when ii is used 10 particular state or na'ion,
uifhout limitation, II must be understood 10 mean
all the power that the Legislature oi ihat Siatc OF
Nation has been used 10 exercise, aHd when used
in the Constitution of a State, 1t vii confer no
other or greater power. Ii is SAID, and with irnth,
The Legislature was created by and exists only III
virtue OF the Constitution, and that II can have no
power to alter or annu that by which alone IL can
itself exist We claim for the Legislature no such
power All that We claim is the power TO provide
nv law the means by which the people may, ID an
intelligent and peaceful manner, reform orrrmodti
their Constitution, and the inquiry l., 10 e "orus
Legislature p0rer used IN The Constitution, CON
| fer upon us that authority 10 answer thlS ques'
ton in the absence OF any restraining WORDS, IL l.
only necessary 10 ascertain whether before these
words were employed, legislative bodies had been
accustomed 10 exercise this power. II So he Ira
me rs of the Constitution are 10 be regarnti as un-
| derstapding the import of the language iheyused,
and if they did not intend to confer upon us thai
power, they would have precuded us by restrictive
! words Now let us look 10 the tact. Not only was
this an acknowledged and well know Legislative
power in other States of the Union, and IN this
State but that very Convention was then slltin: IN
virtue of law thus enacted with the sanction OF the
whole people. That such language, employed by
such men, at such time, cas be misunderstood or
misrepresented deny. There was 70 other than
legislative power here TO make laws hey were
convened in pursuance OF such a law and II Is need
less 10 saw that thus convened they did tacknow
edge the power by which they were brought to-
pether or If they regarded It as an assumptlGn OF
power. that they did not leave some mark OF re-
probation, by expressly denying 10 the Legislature
It's exercise IN future.
But il is said we have some evidence of such in
tenrion in the eighth article OF the Constitution
which provides for lts amendment. lhe bare read
iag of this article is refutation Of this position:
amy amendment amendments to this Constitution
ct nay oe e power Of Which have before been
speaking! So far is this from limitation upon lis
authority. that II coners, IN express terms, power
before unknown 10 State lesls latl0n. The ns'ru-
ment had already conferred the usual legislative
power. and this article provides that IN addition 10
the authority heretofore exercised by the LeSlsa-
ture of his State, 1t shall have power 10 propose
amendments Ia this Constitution; and this Is the
true reading OF the eighth article ii lhe C"nVen-
ton had intended TO limit the legislative power. so
that no law could be passed 10 provide for a Con-
vention how irresistible Is the csncusion that The
trainers of the Constitution would have added To
the eighth article: no law shall hereafter be passed
to provide for a Convention OF the people OF this
State, nor shall this Constitution he altered OF
amended, except as is provided by this article.
1t contaius no such provision, and he who reads
this whole instrument, think, cannot fail 10
that the Legislature. under this Constitution, has
all thr power that IL had under the old and may, If
in the opinion OF lis members the condition of
things requires it, pass bill for Convention.
Under the frs, Constitution Of this State il could
not perhaps, have been said, that the power was
expressly granted, because al that time legislative
power had not been thus used, but even then.
| think, the theory et our Government clearly au-
rhorized lis exercise Our Government is a repre-.
sentative one, not pure Democracy. a pure De-
mocracy Is one where the whole people act directly
and without the lR,erposluon OF agents. Every
question relating 10 private rights or 10 the public
interest, under pure Democracy, must receive the
direct action oi The people Such We're the ancient
bnt unsuccessful Democracles. Our Government
the nearest PRACTICAL APPROXIMATION 10 a pure De-
mocraey. Here, lnasmuch as II Is mpraciicable
for The whole people 10 assemble and enact such
laws as the public interest requires. they delegate
10 Representatives the power 10 do precisely what
they would do, If it were practicable for them 10
act in mass and these delegates, when assembled.
constitute the Legislature. and except in so far as
they are restrained by The Constitution and the spirit
OF our institutions, they may do any thing that
the whole people assembled might do, aud their
acts arc the acts OF The " hole people.
There are one or two other points on which de-
sire io speak for few moments. The hon. gentle
man from Oneida, (Alr. SEYMOUR in very iecu-
har and able speech, expressed some apPrehensi"ns
and dissatisfaction with The mode OF submitting this
question TO the peope-or rather not The mode, bul
the time He said IN substance that the people
not always reliahle-or TO use his own expression,
they are an aggregate Of failible material, and he
is apprehensive OF safety, ii we send this ques
ton 10 the people. His speech was strange,
though an eloquent one. After speaking an hour or
more TO prove that we were not prepared 10 submit
this question 10 the people no,c, he conclsded BY
avowius that he would not say but that he and his
4 tNr ,t,a JINII. ha