Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-30

so far retained the Constitution prescrbes Thus sup
pose that without regard to the fifth article Of the Con-
suon of the United States, Congress should call Con-
venton for proposing amendments to it. could that Con-
venton change the Constitution Of the United States
Clearly because such Convention can be called only
the application Of the Legislatures of two-thrds of the
several States Take another case and suppose that Con
gress should propose amendments that Constitution
and the people Of the several States should raty it, at
popular election would Constitution formed be worth
straw II not, it is only because different mode Of
ratification is expressly prescribed.
The clause in the Constitution Of the United States
pointing out the mode Of amending its provisions con-
tans proviso that no amendment which may be made
prior to 1908 shall in any affect the first and
fourth clauses in the ninth section Of the first article and
that State without its consent shall be deprived Of
its equal suffrage in the Senate BY virtue of this pro-
vso the first clause in the ninth section of that article of
the Constitution could be changed till the year 1903
by any mode whatever and the third section of that ar
tcle be changed without the consent Of the
State whose Senatorial representation it may be desirable
to diminish Thus if all the people of all the other States
should seek to take away the equal representation Of
Delaware in the Senate of the United States without her
consent they could not possibly do it. Every change or
amendment to that effect is forever prohibited Now if
the pretext that the viii of the majority cannot be re-
strained by written Constitution be well founded what
will be the fate OF the right of Delaware to equal Sena-
toral representation with New York. Pennsylvania, and
Ohio, each Of them having than twenty times our
population Should it hereafter be insisted by the larger
States that the equal vote of Delaware is unjust and
should therefore be taken from her. she will lay her hand
this proyiso in the Constitutio, which makes that
right sacred forever She has other defence If the
other States should epouse the doctrine that the
eighty Of the people cannot be restrained limited by
any constitutional provision and that the will of bare
majority of the people voting is higher law than the
Constitution what will be the fate of Delaware in the Sc
nate of the United States?
The question then arises will you by giving sanction
such doctrine, furnish others with argument to
take away from you of the most important rights
cured you by that constitution And if the power to
amend Constitution cannot be curbed restrained by
the instrument ITSELF how it that Washington and
his compatrots of 1887 inserted in their Constitution
clause absolutely prohibiting any amendment change
of the equal suffrage in the Senate forever How
it that the other States of this Union whether Wing
Democratic, impose similar restraints upon their own
power of revision of their respective Constitutions The
Democracy of Legislature differs from the Democracy
of all other States and stands rebuked by the con-
stituton fundamental rule adopted at the late Bal
Democratic Convention, which so completely ami
Convention that nothing short of twohrds constituted
the majority requisite to effect their own party nomina
nation. Far be it from defend that rule but no
Democrat whs adheres to his party consistently
tack it.
The Constitution Of the State does require any vote
of ratification after Convention has acted The Consi
tuition of 1892 not ratified. The Constitution of
1881 not ratified The vote of ratification
commended not ordered, by the last Legislature. When
the Convention meets it is bound either by the Con-
stituton the law to direct popular vote of ratica-
on prerequisite to its validity as Constitution.
You called upon to take it upon trust that the Dele
gates to the Convention will do what the Legislature has
merely recommended and declined to order. The Dele
gates may, they choose reject the recommendations of
the Legislature, and make the Constitution without
tfcation vote If they do is it much the Cons
tuition if they had complied with the recommendation
Are you willing to entrust them with such power? No
right of revision, denomination, rejection
outrage is perperated upon you is reserved either
by the Constitution or the act But it is still i'm
portant that you should not suffer it escape you that
the vote of ratification recommended by the Legislature
not vete of majority Of all the citizens in the State
titled for Representatives They have carefully
avoided that and have merely recommended that the pro-
posed Constitution shall be submitted to the people for
ratification by legal The design is that day for
special election shall be appointed on which the voters
may meet and either vote we ratify it, Eve reject
If less than four thousand voters attended the call upon
the vote which laid the foundation for this Convention
how many will attend the call If only five hundred
attend, two hundred and 6fty-one may ratfy it. 1t is
vain that the vote Of majority Of all the people having
right to vote for Representatives required or even re-
commended proposed by this to sanction the new
Constitution either before after it is made The real
substantial honest majority Of all who be governed
by the instrument is at stage of the proceedings
qured to give it validity in other words the authority of
the people is dispensed with and the authority of the poll
cians who may assemble at special election is merely
recommended in lieu of it."
Whether the People of Delaware will ratify the
doings of this Convention we of course have no
means of knowing. But, if they should, strange
state of affairs would be presented for the consdera
ton of American constitutional lawyers.
THE SAFETY LAMP.
Tho newxnoners furnish such FRAGMENT accounts If