The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-02-29
Minority Report and Resolves.
N RELATIoN TO
Amendments to the Constitution.
REP0RT.


mittee, to which was referred the report OF
the executive council, upon the votes given
upon the questions of the amendments Of
the Constitution, submitted to the people by
the last legislature, and tho return made
thereof 10 this legislature, and the returns
Of the votes upon said amendments, commu-
nicated to the legislature pursuant to u joint
order Of both houses, requesting tho govern
or 10 lay them before that body, differing
from the majority Of the committee in the
conclusions at which they have arrived, ask
leave in this report 10 present their views
upon the questions in controversy.
Eight amendments of the constitution
have at different times been adopted, and
have taken eject and gone into operation
without controversy. Ii would thereiOrc
seem, that safe procedents to DO followed in
the present. case, would be afforded by the
recorded action of our predecessors. To
these prccedent we directed our attention,
and we have looked in vain for any sltisiae-
tory reasoning, or substantial argument, on
the part Of the majority, in the discussions
in the committee room. or in their report,
to show the necessity or propriety oGdepart-
ing in the present case from former prcccd-
ents, and adopting n mOdo of proceeding
new and untried, fountFd on reasonings
which WI hold 10 be unsONnd such as wer1
never in any former instance suggested, and
tending 90 results subyorsivc of the cOnstitu-
tional rights OF the people; introducing into
the constitution an element which tho pco-
pie have carefully cxeludod theroirom, that
Is, the power OF the legislature TO doieat for
hger or shorter time, tho operation OF a
constitutional amendment.
The position endavored to bo maintained
by the majority report u, that an amend
mcnt OF the constitution has no effect, until
it is declared TO be such by resolve of the
legislature; nothing short Of this doctrine
will sustain and justify the action Of the
legislature upon this subject. To support
this doctrine, the majority is compelled To
resort TO the fiction chat there are two par
tics TO an amendment of the constitution
IL there are two parties, il necessarily FOL-
lows that they may disagree, and ono may
defeat the will of the other. IL is incident
20 the nature of the case, Of two parties,
that their views may be discordant and irrc-
concilahlc, and thus there may he fatal
disagreement between them, and 80 what Is
proposed and determined by one, may be de-
icated by the other. This idea that there
are two parties 10 constitutional amend
ment. the ono the majority Of the people,
voting for IL, the other the legislature hold
ing them in check, and defeating their will
expressed by their yots, is an entirely new
invention, and we must regard it rs ono Of
themost rcmarkablo political aSiOms brought
TO light in this age ofprOgrCSs.
What is the proper Office and power Of
the legislature in regard 10 an amendment
Of the constitution adopted BY a vote Of
majority Of people?
Tins Is the practical question TO bc solved
in the present case. rs matter of conyen-
ience il n suitable and proper that the Leg
islaturc should make record Of the doings
Of the people, in adopting an amendment.
Their action can have no greater or moro
Efficient power than that Of record Of
fact that is passed, made hy recording OH
Ger in any other casc. II is not part or
parcel Of the transaction. The recording
officer does not aid or contribute 10 the do
ings of what ne records. lie can in no prop
or sense be considered party TO the tran-
saction which Is the subject OF his record
II is the ofice " record 10 make Known
what has been done, % declare wha; has
taken pis-e, hut the fict rccJrtlcl, would
still remain fact. although the record had
never been made ~ the amendment OF the
constitution adopted By TIE people, would
be valid and the constitution amended, AZ
though the legislature should neglect or ~
fuse 10 make any record or declaration Of
the fact fone legislature should 81 refuse
TO recognize an amendment Of the cOnstitu-
ton, and o conform its actions thereto, can
there bc any doubt that a succceding legis-
laturc nav right the wrong and give the
amendment its fun force and effect? That
the legislature Is in no sense party 10 a
constitutional amendment, and have no such
power in the premises as is claimed by the
majority of the committee IN these respects,
we think is abundantly manifested by the
presidents of the former action OF legisla-
tures, in times when no exciting questions
had arisen. which might have tendency 10
arouse the prejudiccs and warp the judg-
ment OF legislators, however honest and
fair-minled in ordinary cases they might BE-.
BY thcsc presidents Il will appear, that
mover heretofore has the legislature claimed
20 be a party in any sense OF the term. 10 O
question Unconstitutional amendments, which
could for single hour postpone or defeat
their operation. II will APPEAR further that
in some cases the legislature has not drained
even declaration on their part necessary
in case Of an amendment adopted. IL viii
also appear that in all cases in which the
legislature has seen 1T TO adopts deelarato-
~ resolve, the aanguage used in each in
stance distinctly recognizes that the amend
ment has 5cea adopted, as transaction
passed without any concurrent or CONSENT
ing action Of the legislature.
EWe proved now 10 exhibit from the re
cords, the action Of the legislature in every
instance, PRIOR TO the present case, Of an
amendment OF the Constitution adopted by
the people; in each OF which Il will be man
ifest that the idea that the legislature Is
party whose action or consent is necessary