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

nave tne question OF convention or no con-
vention submitted 10 the People at the same
time when they choose their executive so
that there might be interest enough felt 10
bring out the voters and thereby prevent a
minority from deciding the quesion.-The
question of convention or no convention was
submitted 10 the People pursuant TO the con-
stitutional provision in 1910 al which time a
large majority ofihose who voted on the
question decided against convention
The twelfth year from that time will be the
year 1852. 1.-THE Legislature has the con-
stitutional right TO call upon the People to
voIe for or against a convention in 1S46
when there happens to be governors cleo
ton, might.they not do the same thing in lS47
when there will be no governor TO elect
But the section of the constitution under dis
cussion goes on to provide that, after the
Governor has informed the Legislature that
ii has been decided by majority of all the
votes given at such election that convention
shall be called, the General Assembly shall
/ provide by Law for the election of the mem
bers 10 the convention, the numbers thereof,
and the time and place of their meeting;
pohich Lac shall not be passed unlcss agreed
to by a majority Of all the members elected
to both branches of the General Assembly;
and which convention when met shall have
it in their power 10 revise, amend or change
The constitution. Observe how carefully the
trainers Eth constitution have guarded the
subject. They require not only that the
people should first decided (at the election
to be held every twelfth year, in favor of a
convention but even when that decision is
made the Legislature cannot pass a Law
calling convention unless majority of all
the members elected TO both Houses shall
agree 10 IFS passage. Under our present
n apportionme.A which makes the House to
consist Of 100 n embers and the Senate oil
so constitutional quorum would be 81 in
the House and 81 in the Senate and ma or
: ty of these, 10 wit, Is Senators and 81 Rep
resentatives could pass any ordinary legsla-
: tive act. But such majority could not pass
/ law 10 call convention even after the pee
: pie had decided in favor of convention al
: the polls; on the contrary it would require
2 the votes of 81 Representatives and 20 Sen
G ators to pass such Law.
These considerations,it seems 10 me, con
clusively show that the constitution can onl.
!. be changed by convention called in The
e manner, and in pursuance ola popular volt
+ taken at some one Of the periods indicated
ri by that instrument 1.-THE tirae is not mate
e rial, why should the mode be? If the Leg
r. islalure can.appoint their own time for sut
!, hitting the question 10 the people, why car
. not the same body dispense with the provis
III ion which requires the concurrence OF ri
is joriiy OF all the members elected to Dol
Houses in the passage of law calling th
m convention after the people have decided
r. lis favor? Or cannot the omnipotent Legi:
II laiure call a convention without popul;
he vote on the question, and when the CONVEX
70 ton has amended the constitution, sabmil I'll
"A the amendments 10 The people for rattle
GO ton or rejection? Or might not the Gene
n. al Assembly itself pass the necessary amen
n. ments and submit them 10 lhe people for til
III approval or disapproVa? Clearly if the fiji
-, Section ofthe Sth Article of the constitute
4r is in any respect binding upon the Legisl
%. ture, it is binding in every particular and
the provision as to the mode of amendme
is Limitation of the Legislative power, ii
provision as 10 time, is equally so. am
ware that the advocates of amendment
this time, contend that our State Consiit
ton is bundle Of limitations, and not
grants, and that whatever the constitute
does not prevent the Legislature from doir
that it may do. In other words, that we a
mott look into the constitution to see whet
err particular power is granted 10 the Lee
- Iislature, but to see wether il is withheld fro
them, and if lit is not VIII hheld or prohibie
~ it may be exercised. But even suppose =
" admit this principle of construction, (and
is one subject to be grossly abused,) does
follow that the law of last winter provdii
for a vote on the question of convention
no convention is constitutional. Think nc
- Whenever the people have legslaied on an
-,b;act in the constitution thew have SO f