Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1851-10-27
ConatitutionaI Convent,or


HoN. Il. +. THOMAS VS.. DANIEL WEBsTER
In the course of his address, to the Wings of Wor-
cesier, on Saturday evening, Hon. b. F. Thomas
devoted considerable time argument against the
right Of the people convene for the purpose of re-
vising the Constitution of the State. The argument
was more plausible than sound, as every weinormed
man who heard him, attest, in and direct opposi-
ton the sentiments of the great expounder himself
who has put his opinion record, in his speech
before the United States Supreme Courl, against the
People's Constellation of Rhode Island.
"Anoiher American principle growing out o.
thus, and Just as important and well settled, as is
the great truth that the pepole are tbs source of
power. is, that when in the course of events it
becomes necessary to ascertain the will of the
people on Il new eXIgency, or new state OF things
or of opinion, the Legislative pOtcer provides for
that ascertainment by ordinary act Of LegiSlG-
ton Has mol that been our whole history? 1t
would take me from until the shall go
down, TO advert to all the instances of it, and
shall only refer TO the most prominent, and espe-
cialy to the establishment of the constitution
der which you sit. The old Congress, upon the
suggestion of the delegates who assembled at An
apolis, in May, sc, recommended to the States
that they should send delegates TO Convention
to be holden in Philadelphia, to form Constitu-
ton No article of the old confederation gave
them power to do this But they did it, and the
States did appoint delegates who went 10 Phila-
dephia and formed the Constitution. 1t was COM
municated to the old Congress, and that body
commended to the States to make provision for
calling the people together TO act upon its adop-
ton, Was not that exactly the of passing
law TO ascertain the will of the people in a new
exigency? Aud this method was adopted without
4 th,tt
any other mode of asceraning the will of the
people.
Again: my learned friend went through the Con-
sttutions of several of the States. 1t is enough
to say, that OF the old thirteen States, the Con-
stitutons, with but one exception, contained no
provision for their own amendment. In New
Hampshire there provision for taking the
sense of the people once in seven years. Yet
there is hardly one that has not altered its cons
tuition, and has been done by Convention called
by the Legislature as an ordinary exercise Of
legislative pouer- Now, what state ever altered
in any other mode? What alteration has ever
been brought in, put in, forced in, or got in any
how, by resolutions or mass meetings, and then
by applying force? In what state has an assem-
bly,, calling itself the people, without law, with
out authority, without qualifications, without GER
| tain officers, with no oaths, securities, sane
tions of any kind, met and made a Constitution,
and called it the Constitution of the STATE?
One of the most recent laws for taking the will
of the people of any State, is the law of 1916, of
the State of New York 1t begins by recon-
mending the people to assemble in their several
election districts, and proceed to vote for dele
gates to a convention. II you will take pains to
| read that act, it will be seen that New York re-
garded it as an ordinary exercise Of the legisla-
tire poaoer. 1t applies all the penalties for fraud
ulent voting, as in other electicus. 1t Furnishes
| false oaths, as in other cases. Certificates of the
| proper officers were to be held conclusive, and
the will of the people was, in this respect, col
| lected essentially in the same manner, supervised
by the same officers, uuder the same guards
against force and fraud, collision and misrepre-
setation, that are applied in voting for State or
| United States officers.
7.dte ur lvew rofk, one UNIFORM current of Is,.;
o. precedent, and OF practice, all going TO estab,
ilsh the point that changes in government are 70
S De brought about by the will of the people assem-.
Olea under such legislative provision as NAV be
tically. eI1f ""'' anu au'hen-