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

THE PROGRESS OF DISCRIMINATION.

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time in the small but hitherto highly respectable
State of DELAWARE. AConyention is in session to
alter the State Constitution, convened by virtue OF
aLegisative act which is pretty generally admitted
by iurists to be unconstitutional The present Con-
sttuton Of that State is indeed clearly violated by
that act. which has called Convention on the vote
az less than four thousand voters Z" A majority of
All the citizens Of the State havig right to vote for
Representatives is positively required by the Con-
stituton of Delaware to sanction call of Conyen-
ton to change it. Less than onethird Of the voters
REQUIRED has sanctioned this call Yet a Democratic
Legislature, in 1852, directed the election Of dele
gates to change the Constitution in defiance of its
injunctions. Delegates were accordingly elected
last November; but, as the people seem to have re-
garded the movement as Revolutionary, large ma
jority of the delegates returned Wings, who,
party, were supposed to be against such uncon-
stitutional measure. When the Delegates assembled
last winter, they adjourned till the 10th Of March,
at which time they re-assembled, and then it was
found that majority were for proceeding to alter
the Constitution at all hazards, relying subse-
quent vote of ratification Of their dongs by the peo
pie, to whom they are about to submit their altera
tons this summer at special election. If such a
vote can remove the constitutional objection now
admitted to be valid, we see not what safeguards any
State constitution provide against sts oon ouer
tbrow at any time By a popular pote The doctrine
is both novel and dangerous. We have in our pos
session very able address, written evidently by
some distinguished jurist of Delaware addressed to
the people of that Stae, discussing fully the whole
subject, from which we extract only SO much as re-
ates to this most interesting question Whether
Constitution be changed in defiance of its own
provisions 7" A gentleman from Delaware with
whom we have conversed supposes that the author
of this address is Mr.. JOHN M. CLAYTON, the pre-
sent Senator from Delaware who although an ad-
vocate of constitutional Convention is known to
be opposed to all these proceedings unconstitu-
tional Be the author who he may, we think Mr.
Clayton's friends may well regard this address as
worthy of his reputation. We copy from page nine
teen to page twenty -eight:
eve think now fellow-citizens we have fairly arrived
at that point in the argument where may rest upon
the position that the of the last General Assembly for
calling Convention is unconstitutional well unjust
But many who have arrived at this conclusion upon
one or all of the grounds we have discussed have been
led suppose that these unconstitutional proceedings
which the general opinion of thinking whose aten
ton has been called to the subject has consigned to
ignomnious grave might possibly be exhumed and that
vitality might be infused into them by popular pote
hfyng Constitution which might be proposed by Con-
venton held in obedience to the provisions of this act 1t
has been said las well assured) that, although
the Convention viii be unconstitutionay called and its
members unconstitutionay elected, STILL if they propose
constitution and majority of the voters at election
Iorl xIotr o1a
sovereign panacea for all the wounds and bruises inflicted
upon the constitution and the instrument thus ratified
matter what it may be, will be the Constitution Of the
State of Delaware Against this abominabc doctrine
desire enter protest. and to direct special
attention the point where error win prove most
fatal in its consequences.
a. If there be any principle clearly established in
American Jurisprudence, it is the principle that State
Constitution be changed in opposition TO the forms pre-
sci5sd By ITSELF The people Of this country may be said
to have given the world the first just and rational idea Of
constitutional government The kingdoms of Europe had
CROPPED thousands Of years amidst the deepest dark
ness Of despotism without any true conception Of our
own peculiar constitutional liberty. Even England her
SELF claiming she does to be constitutional monarchy,
can exhibit no model Of written constitution, defining
and linking the relative powers Of the rulers and the
people The Parliament Of England makes and unmakes
what Englishmen term their constitution at pleasure
There the Parliament is literally in legal phrase, omn
potent The honor was reserved for the fathers Of the
American people Of modelling written constitutions for
the government Of themselves and their poserity to
which reference could always be promptly had to defend
the rights the people and to curb the RIGHTEOUSNESS Of
power The fathers Of the Revolution would be satisfied
with safeguards Of popular rights short Of written
guarantees clearly expressing all the powers entrusted
to those who either make administer the laws He
,uurus aeaeu eso The idea Of written constitution
al government is the diamond of living light first dis
covered amidst the Wondering rubbish Of antiquity
but in the nexhausbe and nappreciable mine of Ame
rican intellect Our countrymen have invented govern
ment of law-written constitutional law. The power
which governs them is created by Them and derived from
them When they bow in submission to its authority, it
in obedience TO their inesmable
treasure in every honest mans heart which teaches him
honor his own truth To disregard the sanctity Of
solemn constitution to overthrow il by violence,
warp from its legitimate construction, does not belong
is better and higher law for government than the
constitution which have made for ourselves and
TO support is, we trust Delaware doctrine As Wings,
we utterly repudate and It. We viii not do inus
tce feow-citifens who have arrayed themselves
under the opposite flag by presupposng that they will
degrade themselves by the adoption Of that higheraw
doctrine. We it, therefore, fellowcitzens that
all Of you, whether Wings Democrats win agree with
us that your written constitution cannot be changed in
direct opposition to its solemn provisions.
was adopted unanimously by all the members Of the