Indiana State sentinel., 1850-10-31
NO. %.

not bound by the of the Legislature or other pub
lie body IN the State With all Difference to the gentle.
man he must be permitted sy that the proposition
was falacl0us and unsound
This Convention according TO his UNDERSTANDING Of the
matter did not represent the Sovereignty Of the State or
there was State Constitution already in existence an
der which this Convention called The nentlemans
proposton continued Mr. Howe can only auply ii we
90 back to chaotic state, state Of political dsoraan
zaton When the people would have right to assemble
together either by themselves their numbers were not
too great, or by their delegates, il they pleased and
form Government to suit themselves. say II that
were the state Of things there would be scme force in
the 9enflenans arguments but such is the case
have already got Constitution " whcl is valid and bind
ing upon as, and must continue be until set aside
IN tne proper and legitimate manner Now the gentle
man in tins is driven n dilemma He Is either
compelled to admit that the Constitution vet in exist
ence, or that not If il be in existence
OF courses all legal rights that have occurred under are
valid and binding, and be set aside il il hc not IN
existence, they run without government But the
Constitution ol the United States itself which we have
sworn to support would prohibit us from setting aside
vested rights. We We're support the ConStitu-
ton of the United States and nothing Yves said ahou,
our own Constitution. Why7 For the manifest reason
that we have come here TO revise and amend it, say
then that the proposition unounded that we represent
the sovereignty OF the State As there Constitution
already in existence, those rights that have been acqu
red under It are binding upon We are the mere
delegates of the people, assembled here not make an
original Constitution as though none were now In ex-
istence, for we have government Constitution, and
we have code of laws and public officers that haze
been brought into existence under it. All these are
valid and binding upon us and all that have 10 do is
to alter or amend the organic law of the State We
have no more authority than set OF Commissioners,
whether consisting of $50 or dozen, or even a
smaller number, having specific duty to perform So
at the time when it considered necessary to re-
wise the old code of laws gentlemen were appoint
cd commissioners for that pnrpose What power had
they! They had power write cut a new code and
submit il to the Legislature. SO Sc are here for the
purpose ol revising the Constitution and submitting that
revised Constitution to the people We have assembled
here by virtue Of an act of the Legislature. We have
not assembled under the Constitutional provision which
requires that the Constitution shall remodeed every
II years; but under an act Of the Legislature We
therefore acknowledge the authority Of the Legislature
We have no right to dsavow its authority. We are nor
ally and legally estopped from setting aside the act un-
der which we are assembled either in whole in part.
We must acknowledge Its authority. We are then
Delegates under the authority of the Legislature
bed here for the purpose of revising the Constitution
which when reyisedis to be submitted the people and
if they an satisfied with it, work will be approved
otherwise it will have validity.
SO far as the appropriation Of money concerned,
have no power to ac We have only the power spend
what has been appropriated fer Us. And IN my ludg-
ment we have right 90 beyond the amount which
has been appropriated y the Legislature for use
and if we do 90 beyond the appropriated
shall be at the mercy of the next Legislature make
good the deficiency Thus morally and legally
estopped from denying the binding force of the OF
the Legislature upon as and this think shows the fall
lacv of the eentlcman's proposition.
Mr.. STEELE said, that hayine,had something to do
with the report which before the Convention,
he desired to say very few words in relation 10 H. He
concurred entirely in The views of the gentleman
Cass. The sentiments which that gentleman had
nounced to the Convention, had impressed themselves
upon his mind from the first introduction into the Leg
tisature OF the law authorizing this Convention.
During the canvass said Mr. Steele and before pro-
essed myself candidate for election large portion Of
the journals of my county represented the people that
was ineligible TO in this Convention for the
son that held the petty oice Of Recorder. called
their attention to much of the of the Legislature
provides for the eligibility Of any person who posses
es tile right of suffrage, the right 10 vote for member
of the Convention They produced the old constitution,
which prohibits from holding lucrative oi-
lces at time. And in reply asserted that the hands
oi the Legislature tied iy the old constitution,
the constitution had nothing 10 do with IL. II had vest
ed in the Legislature the power TO pass law 10 organ
ize this Convention by the election OF Delegates Such
my opinon and entertain that opinion the pres
ent moment that the law far it extends eyund the
mere assembling of the Convention, is nothing
less than surplnsage. For instance clearly that
the powers delegated in the old constitu,ion-the
adopted in ISl6-gave TO the Legislature other riot
than provide law organize the Convention. That
rs the whole extent of the authority which the Legsa
ture possesses. The moment become organized ur-
der the law hold with the gentleman from Cass that
transcend every law except the Federal ccnsuti
That only is binding upon us. We here consult
the interests OF the people, and ii one Of our chief dn-
ties avoid prouSe expenditure OF the public money.
1t is duty practice the rigid economy,
only for the sake of the immediate interests OF the peo
pie but for the sake of the example that shall hns
lar the selection Printer - concerned.
have no particular choice have the hest of feeling
towards the present State Printer and believe he ought
to be selected provided he will do the work well and
at the same prices other prnters and am informed
that he has procured the materials and IS prepared TO do
the work hut contend that ii he does do it he be
appointed by us his power must come from this body.
But suggested that there printers in this
place who will do the printing for % per cent less than
the prices paid the State Prnter- If so, desire
that the work shall be done y them. Mr.. Steele added
that he should favor of the report of the
ee and he should give that from feeling in
regard any printer but from honest conviction that
the conclusion at which the committee had arrived,
the correct and proper conclusion.
Mr.. BASCOM said he did not rise to make speech
upon this question: but he could not resist the inclination
he felt to say few WORDS when he saw gentlemen who
were foremost in debate upon almost every Hnuportant
question, question up upon which some
talent might be displayed sitting the day they
were born. rTanghter.l The whole question. said
Mr. B.. resolves itself into this The patronage of this
Convention is to he given TO printer. and gentlemen
here who are aspiring to higher places are afad to
The PRESIDENT. 1t is not IN order to allude TO
the motives of gentlemen.
Mr.. BAsCoM. do not mpugn the motives Of any
gentleman
tlenan explain what he does mean!
Mr. BASCOM. mean sir, that there are gentlemen
here who eveus their ~ freely regard to unm-
portant matters such the appointment of 0oorkeeper
but when legal question ofany Importance arises we are
not favored with their opinions Well sir, the whole
question is precisely this who shall do the printing for
this Convention 7 Now when | am called upon to vote
upon this question want to vote nndcrstandngly And
hope therefore, be favored with the opinion Of those
who have legal knowledge. | glad to hear
the gentleman from Cass, express his opinions. lie did
So leariessiy and in the main agree with lnl. do
think that bouni hy any law in regard 10 the
appointment OF officers, bat If wrong on this
point wish be better informed ty legal gentlemen
l.f.~ .o1I si...<. 49,