Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1856-03-14
to light in this age of progress.

islaturc. the minority report justly re-
III Irks:
"As a matter of convenience it is suit.
able and proper that the Legislature
shonld make record of the doings o.
the people, i'll adopting an amendment
Their action can have no greater or moro
efficient power than that of record Of a
fact that is passed, made by recording
officer in any other case 1t is not ;
part or parcel of the transaction. Tht
recording officer does not aid or contrib
ute to the doings of what he records
He can in no proper sense be considered
a party to the transaction which is the
subject of his record. 1t is the office o.
a record to make known what has beer
done, to declare what has taken place
but the fact recorded, would still remair
fact, although the record had never
been made; 50 the amendment of the con
stltution adopted by the people would
be valid and the con'titution amended
although thc legislature should neglec,
or refuse to make any record or declara
tion OF the lact.
With these conflicting conclusions as
to the general power Of the Legislature
both reports take into consideration the
action of the late Governor and Council
upon tn e amendments. Their report and
declaration appear to have been made
Nov. 10. 1855. After stating the num-
Der Of votes, which they found for o.
against each question submitted, which
does not very materially from the lcyis-
lativc Committee. the Council thus con-
cludes its report: "And majority OF
the votes being in favor Of such amend
mcnts, it has been adopt d as part Of the
Constitution. Now, if such a declara-
tion was authorized by the resolve under
which they acted, of course there can be
no question, bat the Constitution was
amended at that date, and all power of
the Governor to make appointments of
officers provided for except in case of va
cancy, ceased. To avoid this the major
ity enter nto a long argument in relation
to several matters, that, at best, have but
an indirect bearing upon the subject
One OF which is whctaer the governor or
council have power to enquire whether
the resolutions have been sent to the sew
eral towns. In this connection they re-
iterate the doctrine, that the people can
not efectually amend the cons itution
without the concurrent act Of the lcgisla-
ture. and that the whole action of the
Governor and council in counting the
votes, as an act without any significance
whatever. They say -
"Your Committee, therefore, came to
the conclusion, that it is the duty Of the
Legislature To ascertain, whether the re-
quiremen,s of the constitution, necessary
,u an amendment of the institution, have
been complied with, and ii SO, BY some
public act 10 make II known and ,ha, j,
IN performance Of this duty. the doings of
the Governor and Council may be revised
and any errors therein corrected or the
Legislature may proceed 10 an examna.
ton OF the whole question, without refer
ence TO the dolngs OF the Governor and
Council the responsibility resting solely
upon the Legislature to ascertain and
make known whether, under the consllu-
uon, the amendments are adopted"
Since we became state our consiitu-
,lon has been amended. on eight or ten dll-
lereni occa>lnns and the discussions on
the question has frequently, with the peo-
Pile, originated the inquiry, how has IT
been dane What part has the legislature
acted = And there is certainly much
reason for this enquiry. Most Of all OF
these prior amendments have been adopt.
ed, when no party questions were at
stake. Il the legislature had claimed to
be party to these amendments, it would
certainly have no liule weigh, as prece.
dent. In the majority report all The acts
Of prior legislatures are carefully ignored
The minority, however, eonsults these
precedents and draws from them some
most important conclusions. By these
precedents /, appears c"nclusively, thai,
never heretofore has the legislature claim
ed to be a party in any sense OF the term
to a question Of Constitutional amend
ments, which could for single hour post.
pone or defeat their operation. ltturther
appears, that ia several cases the legisla
ture has not deemed even declarat ier
on their part necessary, in case OF al
amendment adopted. Also that in al
cases in which the legislature has seen e
TO adop, resolve declaring the conslilu
ton amended, the language used ins,eat
OF shall Be and shall becomc a part of tn
constitution it distinctly recognizes tha
the a,nendmen, has been adopted, as
transaction completely past. without an
| concurrent or consentinc action of tn