Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1854-12-20


posed enters into the Know Nothing organization,
and perhaps this may be small tribute to that feel
ing.
cussed last, and which shall meet fairly as he de-
sires. l hold the general principle to powers to
be, that when they granted the mode of execu-
ton prescribed by the grant must be pursued 9th
erwiSe the creature becomes greater than the
tor and you substitute thediscretion of the former
for the discretion of the latter. 1t will be seen
reference to SuSden on Powers, a standard work of
high authority, when powers are to be executed un-
der an instrument granting the powers the general
rule is laid down that eceyy circumstance required
to attend the execution Of tile instrument must be
duly complied WiM."
shall concede that as our old Constitution pro-
vlded no mode for Its amendment the Legislature
might make proposition to the people for that pur
pose, and being ratified by the people, and Con-
venton organized by their act then it was Consti
tutional Convention; and if that Convention had
not provided any other mode of amendment, the
mode thus approved might be subsequently adopted
for future amendments. But think It is ndisputa-
BILE that the Convention made such provision, the
power to amend by any other modc than that pro-
vidcd is excluded. Suppose the Constitution had
provided that but one amendment should be made
to the Constitution at one time which consider is
the spirit of the ID section of 4th article that such
amendment may be made by legislative enactment
ana other mo lie is provided, could Convention
be called to make that amendment in a different
manner than that provided Must not the power to
do the act be strictly pursued and LIN the manner
lS
General Assembly; but, says the Senator, although
granted to be exercised in particular. way yet
the Legislature is not confined to the manner pre-
scrbed, but they may initiate another mode not al
lowed in the grant of powers. They may propose
to call Convention to make the amendment, though
it is admitted they cannot in that way make the
amendment.
Now the Senator admits the Convention cannot
organize without the action Of the Legislature and
still he insists that although the powers of the Leg
lsature are prescribed those powers may be disc
garded and a new power assumed which is not del
egatcd In other words, the Legislature once enjoy
ing the power to act in particular way, although
the people in Convention prescribe that such power
shall BE- exercised i'll different way, as they do not
expressly prohibit the exercise of the power in the
original mode, the Legislature may resume and ex-
ercise the original power. Why, if your agent,
have been Going your business in particular man
ner, and you subsequently in giving directions say
to for the future that business must be transac
ted i'll another manner different is it not by every
rule of construction adopted in public or private life,
prOh biioa to me from pursuing the former course?
And III the case before Us amendments were once
made to the Consultation upon the proposition of
the General Assembly, to the people, ratified by
thcm and the people say to the General Assembly:
No part OF the Constitution of this State shall be
al erred unless bill has passed the General Assem-
bly, first by thrce-fths and again by two-thirds."
Can it be said that this prohibition the Gen
era Assembly, and that they are not thereby COM
mand ID to refrain fro the exercise of the former
mode of altering the Constitution? 1t would be
strange rule of construction hold otherwise. But
1t may De said that this argument only applies to
the second section of fourth article which provides
for Specific amendments. The language Of that
ton Is very comprehensive: No part OF the Consti
tut0m Of this State Sh0H be altered unless de-" If
you give m force 10 this language it clearly prohib
its any alteration by Convention otherwise except
il the mode prescribed in that section. But let
assume that by proper construction, looking at
the whole article you must give sumo effect to the
first section and in doing you must construe the
power in the second section to apply to particular
amendments only, and not to general revision.
How is it altered when you apply the same rule to
the first section? The people say to the General
Assemby-you proposed to once Convention;
by majority We adopted the proposition, bat we
now say to you for the future: No Convention
saU be cald unless by the Of tsoothirds
Of each House." Can stronger prohibition be inn
piled against the exercise of such power by a
jority? But, says the Senator the Legislature don't
call the Convention it only assists the people in cal
ling it, for be it still remembered and distinctly re-
collected that the Senator expressly admitted that
Convention cannot be called without the Legislature
acts. Then this construction leads to this absurdi
ty,t he General Assembly by majority cannot
call Convention, but the General Assembly may
assist in the call by m .jority, and without such
assistance ii cannot be called.
But | am fortified III the general principles 1
SunIe by high authority decision of the Supreme
Court of Massachusetts.
In the original Constitution of that State there
no provision for nendmcnt. Amendment,
were, however, adopted i'll 1929 by the 9th article
whcr, of Il provision inserted for future amend
mentS, differing nothing i'll principle from the I'd
section of the 4tn article of am, ended Consti-
ton, viz particular amendments proposed were to
be passed by two successive general courts, and
when thus PASSED and ratified by the people they
became part of the Constitution. In 1850 the
House OF Representatives submitted to the Supreme
judicial Court OF that State two questions and asked
their opinion: First, whether, if the Legislature
should submit to the people to vote upon the cxpe-
diency OF having convention Of delegates of the
people, for the purpose of revising altering the
parts OF the same; and majority of the people
voting thereon should decide in favor thereof could
such Convention holden in pursuance thereof, act
upon, ami propose to, the people amendments in
other parts OF the Constitution not so specified.
Second, can any specific and particular amendment
or amendments to the Constitution be made in any
other manner than that prescribed in the ninth
ticle of the amendments adopted in 1920" Opin
ion-"The Court do not understand that it the
intention Of the House of Representatives to request
their opinion upon the natural right of the people in
cases of great emergency, or upon the obvious fail
ure of their existing Constitution to accomplish the
objects for which it designed to provide for the
amendment or alteration of their fundamental laws
nor what would be the effect of any change and al
teration of their Constitution, made under such
circumstances and sanctioned by the people. Such
view of the subject would involve the general
question of natural rights, and the inherent and fun
damenta principles upon which civil society is foun
ded, rather than any question upon the nature con-
structon, or operation of the existing Constitution
of the Commonwealth, and the laws made under it.
We presume, therefore, that the opinion requested
applies to the existing Constitution and laws of the
Commonwealth and the rights and powers derived
from and under them. Considering the questions in
this light, we of opinion, taking the second