Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-01-07

ConstitutiOnaI Convention.

stitution containing u provision for Its own amend
ment, II must be amended in accordance with the
mode thus prescribed. Where no mode is provided
by the constitution ITSELF for its amendment 1t must
be accomplished by legislative enactment To con
tend that the people have right TO alter or abolish
constitution "wthoUt law and against law" is the
advocacy of revolution itself; doctrine destructive
of all the safeguards of popular constitutional lib
erty."
Well. this is talking plainly, and is the kind Of Ian
guage which we like to those use, who hold the
opinions of the Journal and its party Let apply
the test to this strongly expressed opinion and see
whether it accords with the principles of republican
government recognized by the American people.
What is ''rerolutiOnl" Is it not the oyerturn-
ing of the principles of existing government! the
putting an end to its existence! The measures Of
government are constantly changing, yet it is not
revoluonized Its officers may be deposed and others
appointed still there is no revolution. The truth is
that all governments recognize and presupPose, le
climate, competent sovereignty; and so long as the
supremacy Of that sovereignty continues, so long
there is no; and cannot be, revolution In all
marches and oigarchies, this sovereignty is under
stood be lodged in the person of the monarch,
the nobility the may be; and of con sequence,
if these be deposed the act of deposition is revou
ton because the sovereignty is ended, subyeried
In this country the case is varied, inasmuch as the
seat of sovereignty is changed. The Declaration of
Independence declares that all political sovereignty
resides with the people The declarations of rights
of the different States Of the Union declare the same
fact.
This right by common consent, unless abridged by
special provisions is held for exercise by free white
males Of adult age, who citizens of the country.
The provision Of constitution and of others den-
ing the exercise of political power by the people, is
simply decaratory and as such belongs and pertains
to the declaration Of rights.
Thus then, we have the sovereignty of our govern
ment defined; and so long as that sovereignty con-
tnues in the exercise of its legitimate functions
long there can be no revolution The people, for the
sake of convenience alone, delegate to a small
Der Of agents the exercise of political power their
behalf, ard avoid the necessity of too frequent
powers of attorney, and to avoid misunderstanding,
they give general Pooer Of attorney TO their agents
only IN virtue of which those agents have any right
10 exercise political power officers of the govern
ment. This power of attorney we call constitution
Now it will not be denied that the creator is always
greater than the creature. The people create the
constitution, therefore they greater than the
stitutiOn and here the further rule Of necessity aP
plies namely that the power which delegates authOr-
ty can at any and all times annul it. 1t therefore fol-
lows of necessity that the people have perfect right
annu their constitution at any and all times and of
course they have the right adopt another in its place,
by virtue of their inherent sovereignty. The people
the government, aud if they should abrogate con-
stuon without substituting another in its place. the
power of legislation incapable of annihilaton,' -
would but return to them for its exercise, and all the
proper attributes of government would still remain
in being and fully capable of EXERCISE the only draw
back upon that exercise being the single fact Of in
convenience. This then would be no revolution, nor
would anything be so which leaves unimpaired the
sorereignty and principles of government
Sec. Of Art. of the constitution of Indiana, is
simple declaration of rights 1t does not give being
to those rights but declares their existence anterior
to and independent of the constitution. If the con-
sttution had not asserted these rights, they would
have existed none the less. But as long as they
asserted and thus endorsed by the constitution the
Journal cannot object to their authority. Let see
if the constitution does not assert that the people have
tie right to do what the Journal calls act of
5eRion.' The section referred declares, That al
Pocer is inherent in the people; and all free govern
ments founded their authority, and instituted
for their peace, safety and happiness. For the adj
NdnCehehl OI theSe enus, tney nave n ALL 1l1dLc
unalienable and indefeasibe right to alter re-
form their government in such manner as they may
think proP'r." Not only does the constitution de-
clare the right of the people to alter reform their
government at al times, but so careful is it to provide
for the frequent exercise of this right that it enoins
upon IFS officers the duty Of opening poll for that
especial purpose, once in twelve years And now
forsooh the Journal would have believe that be-
cause the constitutional officers are compelled to offer
the opportunity in twelve years, matter of
convenience only, that the people have not the right
to take the opportunity when they please although
the constitution declares they have the right to do it
at all times.
The fact then is simply this: that by virtue of this
sovereign right, the people by their chosen represen
tatiyes provided last winter that vote should be
taken decide whether convention should be called
to revise the present constitution. majority Of the
people by their silence said they did not care OF
those who had choice, majority decided that they
were in favor Of convention. The calling of con-
venton in itself considered, is neither
an act Of original sovereignty, nor is even beyond
the power of the legislature By the vote Of last
August the legislature have permission provide for
convention, but are not compelled TO do so. 1t is
with them question of expediency, with permission
to act if they TT. The vote Of last August gives
the Legislature authority make provision for con-
vention and that is all. The convention may agree
upon constitution, but the constitution will be of no
validity whateve. unless afterwards adopted by the
people. IF majority Of the people should adopt it,
it then becomes the supreme organic law for the time
being, and completely supersedes the constitution