The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1849-11-03
A cONVENTTON.
Editors Of IIasissBpian

calling a convention to revise the constitution.
This from a Southern man was hardly to be
expscted: when the fact is knOwR to every
one that the object Of the Legislature in rec
ommending the call Of a convention, was pure
" sectional in its character, and designed 10
destroy the influence Of the Southern portion of
the State for all time TO come. Before, how
ever, enumeratiDg some Of the evils likely to re-
suit from the proposed convention, 1t may be
well to INQUIRE what power the Legislature
had Under the constitution, to authorize the
people to vote for a convention, and to demand
Of each voter whether he was for or against il.
That the people have at all times the power to
change their fundamental laws, by revising or
amending their constitution will not be denied,
but there are but 1--WE ways by which this can
be done. One is to proceed according TO the
forms pointed out in the constitution itself, the
other is brought about BY revolution. As The
first is the one under which we are called up
on to act, let US see where the Legislature
found the power in the constitution 70 pass
the law providing for the call Of q convention
If no such power be found in the constitution
then the act Of the Legislature amounts 70 no
more than the recommendation Of a similar
number of citizens who were not clothed with
Legislative functions, the moment the leg
i%slature passes beyond the pale Of the c%onstltu-
ton or acts without its sanction, they are no
longer the creatures Of the instrument, and
their acts cease to be binding. Where did the
Legislature getl The constitutional power to pass
the law OF l848 providing foT The call Of q con-
%vcntion. Notirom the constitution itself, for
that provides but for one specific mode of
changing or amending the constitution, The
words are as follows:
"Whenever two thirds Of each branch Of the
Legislature shall deem any change, alteration,
or amendment necessary, such change, al
%terution or amendment, shall be read and
passed " NJ majority Of two thirds Of each
house, respectively on each day, for three sew
eral days public notice thereof, shall then be
given by the Secretory Of the State at least six
months preceding the next general election,
at which the qualified electors shall vote d.
rectly for or against such change, alteration Or
amendment, and if it shall appear that a major
ity of the qualified el ectors voting for members
Of the Legislature shall have voted for the pro-
posed change, alteration or amendment, then
il shall be inserted by the next succeeding leg
~islatnre as a part Of this constitution, and not
otherwise. r--See Hutchinson's Code, page n
Here then is the only mode known to the
constitution by which that instrument can be
altered, and this certainly gives no power to
) call a convention. The old constitution die
give that power to the Legislature, but when
the convention met and formed the new con
s%titution, they changed the mode of altering oil
: revising the Constitution, and thereby %annullep
! the provisions Of The old one. Nor wac this
: done without mature elaboration. 1t was ther
0 seen, that there was a great proclivlty on TIL
: part of the people to make radical innovations
: in their forms Of government before they hat
b fairly tested them by the light Of experience
; and hence it was deemed prudent that tn
e changes to be afterwards made in the ~constitu
: uon' snou'G ~ oa'hiy V0'S'oVt ~ = ~
. ple' ana o"'y maze a''9n ~ 0'to9ies'9 Y
= proposed aHe"onlen1 wa' ~, Y - /
: vote OF Two 'n'rus o. eacn "o%Se' : "a' :
y be read three several t'mos on alleFent uayS
N was then 10 DC suomi.'9u ~ 'ne PeoP'9 ~
at least SIX months no,ce' 'uh tlne q 1ensS
! ton ana d'scuss'on' ana .len 'o4psconi9 Z ="
oil the CONSTITUTIONS on'y ~ yne eVent tna' a "o !
Jorlty otthe wholo PooI'e saoulu ueciate sns'
approval OF IL Under tn's provision IA tn
constitution, various amendments nave pee
lie proposed to the people, at various times som
Of which have been approved OF and become
IS part Of that instrument while others have bee
rejected, and the convention that framed IN
constitution kn9 wing that experiments N tn
i. science Of government slfould be made wit