Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-01-21
sketch of the Dehafe

mlIec presented Ilglly important quesIIOl, ulOH
which he found himself compelled to differ from most
of his political friends. Under such circumstances
he desired to give his views, at some length; other
wise he would have remained silent.
The first point, TO which he wished to direct the
attention Of the committee, was, that the call for
convention, could not now be made, under In ac-
cordance with the eighth article of the constitution
II provides that in every twelfth year poll should be
opened for the people to vote for against conyen
tlon and the year just passed was not that year. If
this article excluded the people from holding poll for
this purpose, any other year, then, 1t is obvious
that neither they the Legislature could advance
step further on this subject. II became material,
therefore, to inquire how far it is obligatory.
If the eighth article, is contended for by many,
was intended to preclude the people from holding
poll for convention any other time than every
twelfth year, he held it to be nullity. 1t then
cted with the second section of the FIRST article OF
the constitution, which declares, That all power Is
inherent in the people; and all free governments are
founded on their authority, and instituted for their
peace, safety, and happiness. For the advancement
of these ends, they have at all times unallenable
and indefeasble right TO alter or reform their gov
eminent in such manner as they think proper"
Here it is laid down by the trainers of the constitu
ton that the right to alter it exists at all times with
the people, right 50 tnzaliendbe" and indeeaSible
that is one which be transferred for moment
Yet, if the eighth article Is not nullity, II takes
away this right for periods Of twelve successive years
Ii forbids the people to alter or reform their govern
except by its permission, and that is given
nv twelfth year only. Is such year, then. at all
times" or such right unalienable 'indefedSi6e ?"
Chief Justice Marshalrs opinion goes still further
for he declares that if the right of the people TO
form their government should be aenated, that gov
eminent would to be republican. If so, it mat
tiers not for how long that right aenaed. To lim-
it or hinder its exercise is an alienation, totally IN
compatible with the terms used by the trainers of
constitution In the second section referred to, and
with that republican form of government which is the
birthright of every American citizen. He therefore
assumed this position, that the people, By constitu-
tiOna prOriSion could take from themselves,
strain, limit their right, TO alter amend their
constitutions.
To support this position, he would now turn to au-
thorites.
The first, although of negative character, was of
great weight question of this kind. In his in
yestiga,ions he had not found single American wri-
ter statesman of any celebrity maintaining
trary opinion. If there any, he hoped he would
be referred to them.
Chief Justice Marshall in 4th Wheaton's Reports,
4O5, saws:
1T has been said that the people had already sur
rendered all their powers the State sovereigntes,
and had nothing give. But surely the question
whether they may resume and modify the powers
granted TO the government does not remain TO be set
tied in this country
The next authority, to which he would direct the
attention of the committee. was that of Judge Wilson,
Judge of the Supreme Court of the United States
signer of the Declaration of Independence distn-
guished professor of law, and who, from his works.
seems to have been in advance of Mr.. Madison him
SELF In his Lectures on Law, volume /, page II, he
says:
Permit me to mention great princple-the
vital principle, may well call (which dffuSes an
imation and vgor through all others. The principle
mean is this: that the supreme sovereign power of
society resides in the citizens at large; and that
therefore, they acays retain the right of aboishing
altering, or amending their constitution, in iohaterer
3 manner they shall deem expedient"
In his works, vol. 3, p. 292 he says:
"Perhaps some politician, who has not considered
with sufficient accuracy our political systems, would
answer that, in government. the supreme power
tcGS rested an the constitution This opinion approach
es step nearer to the truth, (han the superstition
that it resides in the Legislatures but does not reach
IT. The truth is, that, In our government, the su-
preme, absolute and uncomfortable power remains
in the people As constitutions are superior TO
our Legislatures, the people superior
sltutions indeed, the superiority of this last instance
is much GREATER for the people possess, over our
, constitutions, control in act as well as right"
Again he says:
GAS 10 the people, however, In whom the sovereign
power resides from their authority the constitution
originates; in their hands it clay in the hands of
the potter they have tie right to mould to preserve
to improve, to refine, and to finish it they please
If so, it be doubted that they have the right like
!. wise TO change it," Vol. l, D. 4l0.
Another extract from the works of the same au-
thor
The dread and redoubtabe sovereign. when traced
to his ultimate and genuine source, has been found
he ought to have been found in the free and indie
pendent man. This TRUTH so simple and natural, and
yet so neglected despsed, may be appreciated as
the first and fundamental principle in the science of
government" Lectures Law, vol. l, p. %.
But it may be said that these authorities declare
only what one will deny, the right of revolution.
Granted that Is this right to which they REFER does
it not necessarily follow, that the people cannot be
Invested CT the right, and that it be egitimaely
exercised at all times, to amend abolish existing
constitutions. For if the people can divest themselves
of 1t at all, then it would be aienable; and unexpec-
ted evils, as under the articles of confederation,
would have to be endured until the right again re-
verted to the people. But there authorities against
the limitation OF the power of the people alter
ing their constltion-call the exercise of that power
by what name you will-which he would now lay be-
fore the committee.
Rawe, one of the ablest commentators on our con-
stitution, says
"Vattel justly observes, that the perfection of a.
State, and Its aptitude to fulfil the ends proposed by
society, depend upon its constitution. The first
duty to itself is to form the best constitution possible
and one most suited TO Its circumstances; and thus
it lays the foundation of its safety, permanence and
: happiness. But the best constitution that can be
formed with the most anxious elaboration that can
be bestowed upon 1t, may, in practice, be found i'm
perfect and inadequate to the interests of society
Alterations and amendments then become desirable.
The people reain-the people cannot perhaps direst
themselves Of the Poicer to make such alterations.
moral power equal to, and of the same nature with
that which made, alone destroy. The laws of
legislature may be repealed by another legislature
and The pooer TO repeal them cannot be Utheld by the
pooer that enacted them. So the people nav on the
principle at any time alter or abolish the const-
f1fln horo koor