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

~ lntenQeu 70 % part OF the coustituuun,
Is introduced without authority. No such
proposition was submitted 10 the people;
but II il Is no part of the constitution, we
may well ask, what is it, and why intro
duced into an amendment of the constitu-
ton? If il 10 said that il Is explanatory
of the amendment, then we object to II as
clearly an usurpation by the legislature of
judicial power, and it is, as we apprchend,
the first instance in this free country of a
construction Of the constitution put forth
and established by legislative enactment.
Under our system of government, 1t is for
the people to make the constitution, Tor the
legislature to make the laws, and the prov
ince of the judiciary is to declare what is
the meaning and construction OF both the
constitution and the laws; when either OF
these departments Of power leaves its prov
incc, and inyades that Of the other, con-
fusion and wrong are sure TO result. The
words used are these, sand until said Of
fees shall be filed by election, under and by
virtue of said amendments, the power oil
the governor and council, in relation Their
10, will remain unchanged" 1t Is clearly
q construction Of the constitution settling
by legislature authority, question which
by our constitution and laws the supreme
court only is competent TO settle. We pro-
test against il as an innovation dangerous TO
constitutional liberty.
The Committee report that the second,
third, fourth and fifth amendments propos-
ed were adopted; but rs TO the first, they
leave il a matter of doubt what their opin-
ion is and us in the resolve by Them re-
ported, that part of the constitution to
which the first amendment applies, md
which was amended by striking out and in
serting certain words, is not included; and
as the third section Of tho seventh article
which was also to be amended by striking
out and inserting certain words is, in the
said resolve, inserted with the amendments,
in due form, we should infer that In the
opinion of the committee, the first amended
is not adopted. Were il not for the incon-
sistency, this would appear in the constitu-
ton M the amendment rs reported would
leave this instrument in one part. providing
that certain officers shall 10 appointed by
the governor with advice of council, and in
another part providing that thesainc officers
shall be elected by the people. As both of
these provisions cannot stand together, and
il is manifest that the last is the true read
ing that should be preserved, it seems to us
that the resolve reported by the committee
should be corrected by inserting the eighth
section of the first part Of the fifth article,
amended rs the votes of the people require
il to be amended.
In the majority report, much comment is
made upon what is there styled ga declara-
ton made by the council, and it is insisted
with great apparent gravity, that no pow
err to make such declaration was delegated
to the council. We regard il as matter of
no consequence whether such powers We're
or were not delegated, inasmuch as no such
declaration is required 10 make an amend
mcnt valid. The majority in their report
declare, and truly declare, that Z" the con-
stitutiOn is the only guide to its own inter-
probation" Where is the clause in that
instrument which makes declaration "
necessary to an amendment? No provision
il made for it in the constitution, and prlc-
tice i'm at least two instances-thoSe prOyid-
| ing for voting in wards and for the change
/ in the judicial tenure-shOws that amend
ments may be valid without declaration.
The objection then, that the legislature has
not delegated the power 10 make u declara-
ton, amounts to nothing, because they had
not the power to delegate. This being the
only objection 10 the action of the council
insisted on and set forth by the majority, il
may be assumed that in all other respects
the action of the governor and council was
found to he in accordance with the proyis-
ions of law and Of the constitution. The
mode in which the resolves provided that IL
should appear that majority, &c., was
| in favor of the amendments" has been pur-
sued.' Tho proper authority appointed 60
count the votes has done so and il appears
by these reports that the amendments have
been adopted. They were to make return
to the legislature. They have done so, and
Il only remained for the legislature to make
a record of the fact. But il is said and
insisted that the resolves providing that the
election Of certain officers shall take place
at the times, &c., next after the amendments
are by the legislature declared TO be adopted,
make it necessary that the Legislature shall
declare the amendments 10 be adopted be-
fore they can be in force, as Il part of the
constitution. This language was undoubt-
edly used with the expectation that this leg
islaturc, in obedience to the will Of the peO-
pie. if the amendments should DO adopted,
would at an early day, in accordance with
former usage, examine the report of the
council laid before them, and il the amend
ments were found TO be adopted, would in
troduce and pass the usual resolves, declaa-
tory thereof. This has not been done, though
as we Judge no sufficient reason existed for
the delay. And now il is insisted that UNI
ill such declaration is made, the constitu-
ton is not amended. Is this SO? Where il
the clause or provision requiring ii to be
done? IL is not in the constitution. 1t is
found only in the resolves of the last leSis-
lature. No such requirements were ever
before made. They had no constitutional
right to require il. The acts of the last
legislature have been severely scrutinized by
the present and we are now not little
surprised to learn, that an unconstitutional
requirement of the last legislature is grave
ly pleaded by u committee of this legisla-
ture as n reason why an amendment of the
constitution, voted for by a large majority
of the people, depends wholly for its effect
upon the action and the pleasure Of this leg
stature.
We now come to the great, and IN point
of Importance the principal question, which
is: When do these amendments go into
effect? The answer is; when all that the
constitution requires to be done has been
accomplished. The constitution requires
that the amendments be properly submitted
to the people, voted on, and adopted by a
majority and that the fact of u majority
having so voted should he made to appear.
The majority of the committee, after care
full scrutiny, have been compelled TO admit
that the amendments Mtao property SUBJ
mitted, have been voted on, and adopted by
the rcluircd majority. The provision, elf
II Shall appear" is their last hope. How is
II 10 appcar?-.o whom is il 20 appear p
The constitution is silent on these questions.
The majority say it must appear TO the leg
stature. but for this conclusion they fail TO
produce any authority in the constitution
or laws. In other cases when the constitu-
ton requires thing to be done, but silent
as 10 the manner in which it is to be done,
the custom has been for the legislature to
provide the manner, or as the ma jority cx-
nrrss II, /" the hour" Has that been done
Y - -. s,sop NXc think IL has