The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-02-29
VOLUME XII.-NUMBER 9.

thereby ascoftAining on which aide of ths
question u the majority ofvotes. In this DOW.
er, Of counting tho votes u necssssrily IN.
cluded the power and duty ofrsjectins NE.
gal votes, and h In % fir . judicial pow.
er. Tho votes being counted, and the
majority ascertained, somc promulgation
seems neceayy, In order that this fact,
which completes tho amendment, and makes
Il part Of the consultation, may appear
Taking any other ground, would lead ~ 10
the absurd conclusion that tho consultation
might be amended, and the fundamental law
Of tho State changed, and yet nobody know
IL. lnasmuch, therefore, - only two pr.
ties are recognized - active In tho change
Of the constitution, Il seems TO Us that 70
one or both Of thess parties belongs thsdsty
VI asccrtaining and making known the fact,
that tho amendment proposed has received
the apprsvdT ofa pas;ority Of the yoters;
and as, by the natun Of the case, this can
not DO dono by tho voten themselves, u fol-
lows that II must bc done by the other par
ty, viz: the two houses of the Legislaturs.
Arriving at this conclusion, from the study
Of the constitution alone, wc arc confirmed
in the opinion by view Of tho practice Of
the Legislature in relation to all formtr
amendments, except one, and, as that ono
was not approved by the people, II cnn hard
ly be considered precedent.
Up TO l84l, the uniform practice was TO
have che returns Of votes from the several
towns and plantations made TO the Secretary
Of State, and by him laid before the LGisla-
turc, in the same way as votes for Governor
are. The Legislature appointed commit
the mme discretion in rejecting or receiving
them, that they did in relation to votes for
Governor, reporting their doings to tho Leg
islature, together with resolve declaring
the constitution amended, and tho Legisla-
ture accepted the report, and passed the TO
solve. In two instances no resolve was 70.
ported, but the report Of the committee
stated the vote, for and against tho amend.
ments, and that report accepted and entered
on the journal, sccms to have been consider.
cd sufficient promulgation Of the amend
ment.
Since lS4l, tho practice has been for tho
Legislature TO direct the returns to be made
to the Secretary of Statc's Office, like tho
votes for Senaton, and the Governor and
Council 10 count the same, and make 70
turn thereof to the next legislature. Tho
report Of the Governor and Council being
made, the matter has invariably been refer.
rcd to committee Of the Legislaturc, who
have examined the subject, and reporting
thereon, have accompanied their report with
q resolve, declantory Of the amendn cnh
which tho Legislature have passed. The
passing such resolve, Ia strong evidence OF
the opinion of the Legislature, that on them
deyolved the duty Of making II appear that
q majority Of the people voting were In favor
Of the amendments proposed. The Governor
and Council seem to have taken the same
view of tho matter and, although author.
iIed in precisely tho same words as the last
Governor and Council, have never in their
reports used language from which II could
be inferred that they considered their action
final and conclusive.
The second question proposed 10: Hpw
far can the powers pnd Duties belonging TO
the Legislature be delegated? Most that
requires to be said, IN relation TO this ques-
ton, will be contained in our remarks in
answer to the third question. Asa general
principle, it may be affirmed, that purely min
isterial duties may be delegated, but acts Of
legislative or judicial character cannot be'
50 far delegated as TO take from tho delegat.
ing power the right to revise the doings Of
the delegate. The Legislature may, and do
appoint committees to examine and report
on various matters, but they must retain
the power TO adopt or reject the acts Of such
committees. They may, and do, appoint
commissioners TO revise tho Statutes, but
they cannot give to these commissioners the
power to make laws. Other illustntions
might bc given, but the principle is familiar,
and will not bc disputed.
The third question proposed Is: What
powers and duties were delegated to tho
Governor and Council by the Legislature Of
1855?
The language Of this resolve, 10 far a. II
relates TO this matter, is: The lists Of votes
shall be returned to the Office Of Secretary Of
State, " In the same manner M votes fer
and the Governor and Council
shall count the eame, and make return there
Of to the next legislature and II a majori-
ty of the votes are In favor Of said amend
ments, the constitution shall be amended
accordingly"
Under the power thus conferred, the
Council, after stating the number Of votes
which they found for and against each ques-
ton submitted, usc this language F" And .
majority Of the votes being in favor Of such
II has been adopted as part
Of the constitution" This report and dec
lantion appears to have been made In Coun-
ell Nov. 10, 1855, and tho Governor Is ad-
vised " to mako return thereof 10 tho next
Legislature" The question IL, was such q
declaration authorized by tho resolve under
which they acted and, having been 20 made
did tho constitution become % amended at
that datef
We arc Of opinion that no such power
was Delegated, and that no such result fol.
lowed their act.
That tho Legislaturc did not delegate 10
tho Governor and Council final action In 10
gard to the amendment. appean from the
ict that no power IL giving them 10 inquire
whether the resolutions proposing tho amend
mcnt had been +" sent 70 the sclectmcn Of tho
several towns, and the ascssos Of the ssv.
eral plantations. There can DO no ques-
ton that this sending il rs neocsary 10 an
amendment Of the constitution as the voting
and in o case like the present, when % many
towns neglected to make returns, this inquiry
becomes OF great importance. II, BY tho
neglect Of the proper officers, o large por:
ton Of the inhabitants were disffanchised
on 80 important subject, h might well be
contended that the amendments could not
bc declared adopted. But, even II II vere
to be presumed that this requircmcnt OF the
constitution had been complied with, Il 10
sufficient to say that tho Governor and
Council had not the power claimed, because
Il was never delegated TO them by the Leg
islatuc. The power given 10 them 10 pure
ly ministcrial-"to count tho votes and mako
return thereof to the Legislature. They
have no greater power given then than has
been ut times given TO tho Secretary OF State
who, In resolves prior to lS4l, was author
iied TO make an abstract +" showing the estate
,f the vote" The well known practice In
Legislative bodies, Disappointing committees
to receive, sort and count votes for any Of.
fccr to be elected by tho Lgislaturc, Is par
allel. In thoec casos the committee do not
Il u Al