The Evansville journal. (Evansville, Ind.) 1834-184?, 1846-05-28

DOlI shall DC opsHeu every Twelfth year, ne
cessarily and clearly implies, that it s,al not
be done oftner than once in twelve years; il
is in the language of Lawyers an affirmative
proposition pregnant with a negative. Sol
also when the conslitu ton provides that the
General Assembly in 1920, and every subse
quent term Olive years shall cause an enumer
alton to be made of all the white male in
habitants over the age of twentg-one years
and that the number of representatives shall
at the several periods of making such emu
meration be fixed by the General Assembl
and appointed among the several counie
according TO the number OF white male il
habitants above twenty one years in eacL
it means that such enumeration and appoi-
lionment shall take place once and only ono,
in five years. Yet there are those among The
advocates Of the doctrine of Legislative ON
impotence, who contend that the Legislature
must enumerate and apportion once every
five years bu that ii mag do it az much OF
| tener as TO its wisdom shall seem meet. Or
in other words that any party which may have
an accidental majority may at any session Of
the Legislature apporlion the State to suit
its own purposes. And this is the necessary
consequence of the principle of construction
which gave birth to the act providing for the
taking OF a vote for and against convention
in 1916. The principle of construction |
am com batting, seems to assume that the leg
islature may do whatever is not in express
terms prohibited by the constitution, where
as the true principle of construction as | con
tend is that whenever the people have in
their constitution provided or defined when,
how, or by whom particular thing shall BE-
done, they have thereby prohibited the Leg
slature from saying that the same thing m a y
be done at "a different time, in a different
manner, or by different persons. Thus when
the constitution provides that in all elections
not otherwise provided for by the constitution
every ,chite male citizen Of the United States
OF the age of twenty-one years and upwards
who has resided in the State one year imme-
diately preceding such election, shall be Ell
! titled TO vote in the county where he resides
it does not in express terms say that negroe:
shall not vote, nor does il in express terms pre-
vent the Legislature from comforting the RICH
of suffrage upon negroes, but the prohibition
is clearl, implied from he very fact that th,
: constitution has itself fixed The qualification
; of voters and has thereby taken that subjec
e out of the hands of the legislature. Again
d when The Constitution says that the militia Q
: the State shall consist Of all free able bodle,
: male persons, Negroes, Mulatloes, and In
} dams excepled,) resident in the State, bC
J. tween the age of eighteen and forty-five,
j. does not in express terms prohibit the Lee
: i5ature from requiring the ladies', boys undo
h the age Of eighteen, and old men OF sixty
e do militia duty; but notwithstanding there
n no such express prohibition, yet opine
$ would not be exactly constitutional for theLe!
ar islature 10 pass law requiring the ladies'
! muster. Thus much have deemed it pro
le er TO say as TO the constituiionality of ii
a. plan of calling a convention al this-time al
+ suppose tito be always nexpedient to viz
d late the constitution. But if the constitutions
IS difficulty did not exist would il be exPediei
81 r,, g., -, ,,,,-.. - ,<,,,4,,t;,r ~ Tho Co..
IN to any convention which is likely to be S
a. lected for lis amendment. know that the
II are few specific amendments which il su
III miued TO the people alone and dsconnecte
10 from any other proposed changes, would,
d all probability, meet with favor, and be ii
a' provements on the present constitution. B
u let it not be forgotten that ifthe constitute
d is entrusted 10 convention it will be in Il
," power of that convention TO revise, alter,
g amend the whole instrument and the peop
le viii be under the necessity Of taking The ;
D. mended constitution from the hands of III
g. convention in such shape as the conVentio
m may think proper to send it forth. II wi
I'd not be submitted TO the people for their ra
% fcalion or rejection at the polls but the COT
II veniion will of itself possess The absolute an
II almost unlimited power of amendment an
g change They will be the masters of til
or people, because there will be no appeal fior
d. their decision, unless resort is had to anoil
" er conv ention. This being the case woul
ar =. IL. .-.....- . =. -: :.