Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1851-10-09
CONSTITUTIONALITY OF THE CONVENTION
RTTI


IT is beginning to be said that the call of the
Convention was certainly very irregular, and it is
limited that it borders very nearly upon nn uncon-
sti,uional procedure. This is grave sugges-
tion, if there be any force in it. We think there
is none however, and not therefore, much
startled at its announcement
The present is a Convention which the repre-
sentatives of the people deemed necessary to meet
an emergency and according to the general char
nrrer of the precedents which have been set in
just such cases, that call was strictly regular. 1t
had not in view any alteration or modification of
the State Constitution: had such been the case.
there were certainly old and experienced legsla-
tors enough TO have saved the General Assembly of
South Carolina from an oversight so entirely ine1-
cusnble We know some heads which are grown
gray in service within our Legislative Halls at
Columbia gentlemen who have becn thoroughly
conversant with our State Constitution and organ
ization for the last thirty ycars-and the bare fact
of their having permitted the action to pass through
as it did, is to our mind conclusive evidence that,
by no construction, could it be supposed that any
constitutional amendment was thought OF. as con-
nected with the call of the Convention. But the
face of the Bill itself affords abundant refutaton
express limitation, is confined to the care of the
commonwealth with respect 10 the encroachments
of the Esisfal Government. 1t may be argued
that the Legislature has no power to impose such
roc trio RI thiq nn Tp ri nc
next to moral impossibiity that the existant Con-
venion will deviate from the precise objects known
to be held in view by the Legislature calling il.
Unless a grave and heightened assemblage of our
brother Carolinians, can in one year become a
mass of corruption and dishonesty, the event could
never happen.
But it is set forth in plain terms TINT if the I.e-
gisIa'ure, ut the time of making the call, had in
view the separate secession of South Carolina, "it
was an abuse of delegated anthorly'-::a an inva-
sion of the most vital principle of our State Con-
vention." This sweeping assertion seems to be
founded by its authors upon the single assumption
that "any ordinance of secession would be an
amendment of the Constitution of the State"
a far-fetched idea truly! Why, it is perfectly
conceivable that South Carolina could exist alone,
with her present Constitution unaliered in any
manner whatever. And it is nationally maintain
ed that with but few and inexpensive additions
to our civil poliy, we would have the best Con-
stitrtion on en.a -Yoh oran thnsn hnnafcial ad.
dtions would not necessarily come within the
scope of the Convention elect. Or if anything of
the sort were done, it would be provisional and
subject afterwards to the regular process. npcri-
ous periods, every government has found it neces-
sary depart thus far from prescribed regulations.
The safety and welfare of nations might other
wise suffer. at times, serious dctriment. The
great probability in our case, however, is that
there will be no pressing occasion for any provi-
sional action affecting the State Constitution.
That can be regulated and controlled by the popu-
lar will. after secession is accomplished and the
Convention, which effected it. is dissolved. How
then can it be said that Il Convention which pass
es n simple ordinance of secession will Lc "inva-
ding the vital principle of onr State Constitution!
The idea may be that any action which would
create tile necessity Of future amendment by q
future Convention woud come under the same
condemnation. This would be going down the
"cIain of consequences one link too far, to touch
the present case Would not the same argument
initiate against the authority of any Convention,
however appointed! Any ysuch body might ordain
policy which wonld give rise eventually to
amendments of the Constitution, not originally
contemplated, but still inevitable. Would such
action therefore be an invasion of the vital prin-
ciple of our Slate Constitution" Admit this no.
tion and Conventions so far from having any
sovereignty about them, are the mercSt puppct
shows.