Democratic banner., 1849-03-19
Remarks Of ME-. Henderson, Of Pike, on
h proposed amendments to the
Constitution in reference to
the Bank question.

tile Bank question.
Mr.. Henderson remarked, that he re-
GREETED exceedingly his position was such
in regard to this proposition, as to compel
him to vote against a cherished principle
Opposition to banks. This proposition as
presented, seemed to him strange and
startling in the extreme, and IL US it must
appear 10 every man who will carefully ex-
anime the constitution under which we are
now acting. He asked, of what impor-
lance are State constitutions, and to what
end are provisions inserted in these ALL
prescribing powers, if legislatures are per-
mitted to disregard those provisions and
commence without restraints, a system of
innovations and changes, which from dam
gerous precedent, may finally end in the
complete sovereignty and supremacy of
the legislature. Gentlemen may attempt
to screen themselves belino what they
deem the sovereignty of the people, to JUS
Itify a deed which will be in effect a denial
Of that sovereignty and a usurpation of it
into our W hands, but he who will exam
inc this proposed amendment with care,
will find it a most unwarrantabie exercise
Of power by this legislature. At the time
of framing our State constitution, a clause
was very properly inserted therein, which
forever prohibited hasty and inconsiderate
changes in our organic law. The people,
upon proper reflection and due considera-
ton, adopted this constitution, and though
many changes have been necessary, and
many have been actually made, yet he had
never heard it intimated before, that a
change could be made in the manner point
ed out by these resolutions. The constitu.
I.ion provides that 'the General Assembly
may at any time, propose such amendments
Ito this constitution, as two.thirds Of each
House shall doom expedient, which shall be
published in all the newspapers published
in this State, &c.," providing for a thor
ough publication for the information Of the
people of the State, and further it goes on
to provide, Sand if at the first session Of
THE General Assembly, after such general
election, tuo-Mirds If each House shall, by
yeas and nays, ratiy such proposed amend
ments, they shall be valid to all intents and
purposes as parts Of this constitution" He
called the attention of members to these
plain words contained in the 18th article Of
the constitution. The reason Of their in
~sertion must be apparent to every member
of the House. 1t was unquestionably to
guard the organic law of the State from vi
client and unnecessary changes by those
who had been sent here for the purpose rath-
er of obeying than destroying the existing
constitution. He desired to examine the
subject, first as to its constitutionality, and
secondly as to its propriety and exPedien-
Icy. The resolution under consideration,
proposed as an amendment to the constitu-
tion, prohibits banking forever in the State
of Missouri. So far the intention is per-
haps good, If arrived at in the proper man.
ner, but it provides that this amendment
shall be- submitted by a bare majority ofthe
Legislature, instead of two-thirds,, as pro-
vided in the constitution, which members
have sworn to support on this floor, and in
stead of leavingit to be discussed and can
vassed before the people and ratified by
two-thirds of the next General Assembly,
it proposes to submit it to a direct vote OF
the people at the next August election, to
have the votes counted and their legality
decided by afew officers, and a Proclama'
ton from the Executive, to the effect that a
majority of votes have been cast in their
flavor, makes them to all intents and PurPo-
ses, a part of the constitution. This, to
say the least of it, he considered a danger
Gus precedent, and one well. calculated to
vest extraordinary power in the legisla'
ture. Gentlemen seemed disposed to think
that a spirit Of opposition to this amend
ment urged a want of confidence in the IN
te~lligence and capacity Of the people, bu'
he thought such an unwarrantable assumP'
40