Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1850-02-23

of the people in reference to a Con-
veution to make q new Constitution,
Sc, which is now pending in the
Legislature, is by far the most i'm
Ttortant matter that was eyer agitnted
IN any del,berntive body III this State,
and unsurpassed by any ever serious
Jly agitated in any other State Of the
I Union /; and therefore a full, free and
elaborate discussion of the merits of
the project through the public press
must be interesting nrd perhaps In.
s~tructive TO the people. whose Ait IL
dependent on the principle involved,
rs many Intelligent citizens honestly
believe not that Il Convention no,e
would be productive Of any INJURY,
for II might and probably would be
the re,erse.--but the preceicnt once
established. would lead to endless
calls. In society there would always
be the di %,contented, conspiring to-
aether. raising the cry OF change,
change, and carrying by storm their
resolutions /; some would be actuated
by the novelty of the plan-sonhe by
the love Of excitcnent-sorne by the
nope Of success in obtaining Office
others by IL yaulting ambition to make
themselves conspicuous, &c. &c. +
The question which presents itself
first to the enguiriug mind is, what
authority has the Legislature TO adopt
such resolutions The power is not
granted by the Constitution. 1t was
expressly withheld by the trainers Of
thai instrument, IA the report of their
proceedings proves.
In al much as the Constitution pro-
vides a mode for its amendments, and
there is 10 exception to the mode, 1t
necessarily follows that the Legisla-
tor, In his capacity as such. is r~estric-
ted to the mode established,
If this proposition ls not true, then
the Constitution is Imperative, and
its trainers done a vain and idle thing
to incorporate that provision.
The article was inserted for the
avow7ed purpose of protecting the
rights of The minority froM the chan
ging wishes of the ma%iority~~to place
the organic law beyond the power OF
political partyism. Now; can the
Legislature go beyond III Gan they
do that indirectly. which they cannot
no directly Can a s,e'e snQjoftty o.
their numbers present, de-, ertra, con-
additionally, that which the Ccnstitu'
tion requires shall be done by a MA
.iority ofss.hree-ffths ! What is the
real point in controversy Is it t.
call q Convention No. 1t is tt
change the Constitution. Then tho
very moment a majority arrogate te
themselves the power OF calling q
Convention to effect a change of The
Constitution, they are doing violence
to that mstrument-~-they are nuiiilS'
ing to all intents and purposes Z
good, wise, and conservative feature
That the people have tie right te
>into convention and change, alter
oNdestroy their organic law, is undis
puted. They created it, AND they cal
DESTROY it whenever heypiease, tn
belongs to sovereignty HUT how arr
thev TO do It Are they restricted I'd
the mode poitted QUIT 80, The,
may effect it in that way, but it is ne
~~xclusive-they can do it BY rescla'
oion. peaceful or forcible,
The remedy, or means of produt
lrg the change in the enc manner Ii
,tciurc. under the social agreement.
in the other, it is the exercise of J
pewer belonging to sovereignty whict
,csnnot be parted with --a powe'
which sovereignty uione can exerciss
"a power higher and greater thar
the social compact--a power whict
~caanot be conferred on the Legisla.
tier. as he is bound TO maintain thu
social compact--he a do nothins
that will overturn 1t. or change it, ex'
ccpt as he is pcfmitcd by it to do
he swears that he will support thu
Constitution-he virtually saedrs tina
for the protection of the rights of tn,
..minority great deliheratioh shall b'
had by the people, before any chang'
shall be made through his agency
directly and indirectly shall they voti
more than once on the specific ast'ct
proposed to be changed. and not EN-
bark in the ocean of uncertainty; h
of course can %perpetrate no act--cal
extend no invitation--can establish
mo platform whereby the whole in
~trument which he is sworn to supper
will or may be changed or destroyed
it is impossible be Is not q represen
tative of sovereignty, but of the pee
pie, exercising their rights under tn
social compact.
Suppose that these extraordInar,
resolutions pass, then a Conventio
will be called. And suppose that les
than three-titths OF the people go hit
Couygntion, (the minority p~rotestin
agaShst it,) then the majority will a
tebor destroy the present organic law
Tais state of things will establish be
Sond controversy, that the Legisla
ture of 1850 instigated and brough
about under the semblance of Legi,
iatipc action, a revolutionary measur,
which changed or DESTROYED that Cor
stitution they were pledged to SUI
port.