The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-02-29
Constitutional Amendments.


ty and minority reports Of the Committee o'
the Legislature on the constitutional amend.
ments Us are necessary to complete under
standing of the reasons and arguments by
which each portion Of tho committee came
to their different conclusions. We under
stand that the majority report was made in
the Senate, and that the minority Of the
committee were denied the courtesy Of hav.
ing their report coupled with that Of the
majority, 80 that tho two might come out
together. The minority report was made
in the House, where the order for the refer
ence of tho votes originated. Ordinarily re-
ports are made in tho branch, where the
subject matter Of them originated.
MAJORITY REPORT.
The committee to whom was referred the
Message of the late Governor and the Re
port of the Council on the amendments of
tho Constitution relating to the Elective
Franchise, together with tho returns of votes
from the several cities, towns and planta-
tions on sah a1rndhents, have had the
same under consideration, and ask leave to
REPORT
Opinions, which, with moro or less au-
thority, have been expressed outside of the
Legislature, and Of which to pretend igno-
rance would be affectation, made It tho first
duty of the Committee to inquire; What
are the powers and duties of the Legislature
in the matter, and, Of consequence, what
are the duties Of the committee appointed by
the Legislature? -,
This part of the subject can most readily
be considered in answering three questions !:
Era-What duties and powers, in regard
to amending the Constitution, are, by 1t, en-
trusted to the legislature
!Second-IIow far can these duties and
powers be delegated by the Legislature?
Third-What duties and powers were del
,gated to the Governor and Council by the
Legislature of 1857
The Constitution, being tho fundamental
law of the State, must necessarily he CON-
plete in itself, and no source Of authontlye
construction can be sought elsewhere. The
Interpretation put upon It by the highest
judicial power of the State, Is the only au-
thority that can justify us in acting. upon
any other than our own honest convictions
Of its true meaning. Any acts Of u former
Legislature in regard to 1t, though worthy
of respectful consideration, us showing what
was the opinion Of men who, like us, wert
obliged to act upon their understanding oi
its meaning, would not excuse us from Nc
consideration of these opinions, or justify us
in following their precedents, unless they
agree with our convictions.
Taking tho constitution as ut once the
thing to be interpcted-and the only guide
to It's own interpretation-wbat seems to bc
our duty?
Tho ith section of article 10th is in these
words:
"The Legislature, whenever two-thirds oi
both Houses shall deem 1t necessary, may
propose amendments to this constitution
and, when any amendment shall 10 30
agreed upon, q resolution shall be passed
and sent to the sclectmcn Of the several
towns, and the assessors Of the several plan
tations, empowering and directing them to
notify the inhabitants OF their respective
towns and plantations, in the manner pre-
scribed by law, at their next annual meet
ing In the month Of September, To give In
their votes on the question, whether such
amendment shall be made; and II It shall
appear that majority Of the inhabitant
voting on the question arc In favor OF sucl
amendment; II shall become part OF this
constitution"
In this section Is contained all the Is in
the constitution, as to what is to be done to
produce change in il, and who are to do
the things neccrsary to produce the change.
The first impression produced by this Ian.
yuape Is, that the constitution recognizes
but two parties rs having anything to do In
making amendments, viz: The two Houses
Of the Legislature and the inhabitants Of
the State. Unlike Legislative acts, no ap-
proyal by the Governor II necessary.
The things to bc done are:
FYrsi-Thc Legislature, by two-thirdi
vote of both Houses, shall propose an amend
nent. :,
Sscond-Thc Legislature shall pa~a reso-
luton, and send Il to the selectmen OF th,
towns and the assc~ors Of the plantations,
empowering and directing them to notify
the inhabitants to vote on the question,
whether such amendments shall be make
Third-It must appear that majority oi
the Inhabitants voting ON the question ART
in favor of the amendment.
Until thesc three things have been done,
the constitution remains unchanged. Or
;be firpt two of these, no question exists
No ono doubts that two-t thirds ofcach House
must propose the amendments; that they
must pass the proper resolution and send Il
to the towns and plantations, and that u
majority Of tho inhabitants voting on ths
question must show, by their votes, thai
they arc in favor Of the amendment. Tht
only remaining question h, how and when
il Is become known, or appear, that tho ma
iority of those voting on the question are u
favor of the amendment. The how, all will
admit to bc by counting the legal votes giv,,
en- for and against tho amendment ana