Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-02-07
The Convention.


of carg together holding without any action Of The
Legislature. As the amendment OF the House ike
produce consequences grave pOpse examine it. aud
see IL was 81 sufficient importance Justify the House
either in making the amendment il the first place in ad
heI ing TO IL feDaciousIy when It had been made
4 The b a. passed the Senate provided that every
entitled TO oud be entitled the
ton delegate; aud the House amendment changed
that pIovisin provide that those eligible seat in
the House of Representatives only should be eligible
scat ~ The canven'i"n delegate Some reports 10 the
papers (fo living distance fom Indians polls rely oaly
newspaper reports Of the preceding OF the LegsIase
confined it eligibility the present House Of Re-
piesenistves IL such was the smendDeDi, IL was still
than shall in this article, take il 20 have for
enc Of the urged show Why the House amend
should made that il would exclude Senators as
well all other State and United States officers the
amendment IN that shape woad exclude every body but
me~ters Of the pe.snt Hoese. for Others at that
time eligible 10 seat IN that House This speak
very well fog the sincerity and disinteesied patriotism OF
those members Of the House. who made much ado about
Senators wishing 10 legslate themselves into the
n Some members Of the House expressed great hoIrOr
the idea Of ace having convention
lest they should, delegates influenced by selfish
iives Their so dung makes their mO'ivrs, ration
ally ineiable frum acts proper subject Of
tOn will therefore take The liberty of saying those
members were only judging Others 10y themselves for though
they thought II improper that should be allow
ed to hold The eonveniian and they should
therefore be excluded yet Mr. the member from
Delaware county proposed make the members of The
House Ineligible well Senators and other office
could not get corpoIs guard of those members 10 vote
for his proposition. But of this only by The way.
| Was the amendment Of The House proper one?
| l answer,
pie 10 the persons om whm they should choose dele
gates, BY defining BY law the qualifications Of delegates
I by any other means whatever.
2 II the Legislature had had the power limit
e up the people choosing their delegates
been inexpedient and improper to have SO used it.
l. rs 10 the potoer Of The Lgatue-In every govern
ment there is sovereignty somewhere In
the sovereignty rests in the people the aggregate In
many Of The European governments, il tests in single
divGual, but here in the people BY the
ton in nrce the people have sand how they will gov
eIn themselves long their sovereign will and plea
that that constitution shall exists but they done
nothing prevent the taking shat constitution away aud
putting another IN lis place Whenever they choose
Neither have they done any thing prevent their altering
it when they only difficulty il in GET
ins expression Of the sovereign will independent of
the machinery Of government put 10 operation existing
by that constitution. When that truly clearly
tsined and got, is much above aud independent Of
constitution The constitution is above aud independent of
the exiting government The Legislature is the creature
of The constitution. and the of people, having
certain vested in it egislae powers
cieumscbed by the constitution. The popular sovereignty,
then suthOIiIy paramount constitution and the
constitution authority the Legislature
The Legislature, acting within the scope Of It's authority,
can bind the people, because the people by the constitution
have given them that but when the people
their sovereignty, and resolve that they will remodel
constitution = their fundamental aw-,hey entirely
above and independent Of the legislature aud be
controlled by They then exercising their high pre-
cgsve lights Of sovereignty, and ameBable
th0Iiiy, they be bound by any, delegate
constitutional officer The constitution much less
authority created BY the constitution him
The people IN making him.
AT the August election the people, their sovereign
capacity determined amend the constitution The Legs-
auIe being the servant Of the people, and having the law
making power the government is organised il
ssiiy became lis duty to provide by law for eayng out
this sovereign behcst In doing though the Legislature
should have provided the necessary aud proper ways and
only and the people could ia the agge-
gate quite proper that the Legislature should by
law, arrange proper delegate districts and direct the tme
place and OF choosing delegates and the time and
place Of assembling. But this only necessary
Of expedeDcy and because the prelmnaes could
be expedii0usy settled that way than by any
in
far acquesced by the sovereign power The
Legislature have right bind the sovereign eren in
these matters much less in deciding TO whpm the people
shall and HON they shall delegate their sovereignty
The people. if they choose DO kGre the gM enely
to disregard the law passed by the last Legislature, and
smDe IN their aggregate capacity like the ancient republics
of Greece and Rune and either then and there amend their
constitution, devise the ways and means time, place and
manner n which they will amead l.. am insisting
the ProPrieiy of their doing only arguing
their right do and the Of authority the Legs
aiure 10 compel them 10 do any particular way. think
the people should acquiesce the law passed. and
the Of smeudug the constitution pointed
that law that say that il be done by delegates
the districts aud al the time, and TO meet prescribed
by the law They righfully do that, and sun reject
the restriction now IN The law as 10 the qualhcas Of
delegates. One distici il chose 10 do So might delegate
its sovereignty the convention to President Tsy
other Ex-Presdent Van Buren, csss
and another TO Senator Clay and they would ali be proper
and competent delegates aud would be entitled and would
their seats ia the convention, if they claimed them,
though under the law, passed. they would each be
eligible. The sovereign will may, by constitution, tie
up hands for the time being whom the people
members If a be
of the proposition that is that the Legislature
can BY law lie up the hands Of the sovereign people
whom they WILL for the time being. delegate their
Ieignty
reign authority alone determine who proper persons
delegate their authority 10, and who are not and therefore,
the amendment House. it been concuIred in by
the Senate aud palt law would have been
euIely nugatoy. So is the qualification put in by the
senae nugs,ory But there is probability thai any
will be elected who qualified voters, il will be
less in its effects not with the other; il would have
been, and should have been dsegaded great portion Of
the Srate if not entirely throughout aud might have
ated some difficulty Doth among the people and in the
vention.
. As TO the ezpediency prOpriey Of The anusndmeat-
If the people could assemble IN the aggregate then each
land and child too if you pleae) could
his vote and give his opinion each proposed But
this cannot be done and the constitution has
amended by body much than The aggregate body the
people being less than fDr thousand voters would
il moi be well 10 get the most the most
and the klfu in the science Of that
we have among rs! Government is a Scfsnce Aud
quircs much talent much experience and much skill
thoroughly understand H. The notion Is very prevalent in
the community that almost person qualified for
legislator; but the enormous pile OF foolish improper and
discOrddnf legislation found statute books begin
hing 10 convince all sensible men that hls rey PrepaLsat
notion is erroneous But legislation that be
Corrected by subsequent Legislature and is ccum-
seibed by good constitution bot near bad c0ns
made by unskiIfu hands. Any prudent czen il be
going Iebud his house, mill factory would
10 get aud would get klfu and experienced architect,
mill-wgbt machnist, do the work aud would think
il strange objection. should of his friends urge
that he should employ particular because he
engaged and has been for time architecture
miIlbuilding machine king. When, therefore, the
fundamental law be remodeed-when government
DC rrbuilI-it is important that select for that
purpose the best suited and qualified for IT, whether
not they have been o. to hold Office and
thereby acquire experience in
That they would favor provisions TO retain themselves
Office, is objection entitled 10 considerations for there
probability but that under the constitution let il
be made by whom it may, the incumbents in office
will serve out their times respectively prescribed by The
constitution, and that the will take Office
| upon the tenure Of the constitution.
therefore sdyie the democrats at least, send their