Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1856-03-14

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the state of the votes, by which it appear
ed that majority Of the votes was in ia
vor of the amendment. The report wa
accepted, but no resolve declaratory O
the fact, Or proclamation or even publ.
cation was made thereof by the Legislature
The amendment, notwithstanding The
want Of any action or consent by the leg
islature as party to the transaction, went
into effect; and all the elections by ward,
in our cities from that time to the pres
cnt have been held by virtue of that q
mcndment.
The resolves proposing third am md
ment were offered Marcel. II. 1889. The
return of the votes by the secretary oi
STATE, were referred to a joint committee
ofwhich Philip Eastman and S. II Blake
were members made a report. 1t appear.
ed that South Berwick did not return in
season and there were informalit es in
the returns from kennebunk. Scarbor-
ough and marlborough and these four
towns were rejected. In the senate the
report was accepted and entered or the
journal In the house it was accepted
but was not entered on the jonrnal -
There was no other action in either branch
This was the most important amendment
of the constitution ever made, changing
the tenure of the judicial office, yet there
was no dcclara'ory resolve. The consti-
tuition was left to mend itself IN the best
way it could. The resolves proposing
the fourth amendment were passed April
l6, lS4l. The return of votes was to be
made to the secretary, and the governor
and council were to "count the same,
and make return thereof to the legislature
and if a M jority of the votes are in favor
Of the amendments they shall become
part Of the constitution The votes
we're counted Dec. 10, 1871, and return
made to the Legislature, and committed
to the judiciary committee, consisting Of
Philip Eastman, John Otis and J. A.
Barnard Of the senate. and Moses Me-
Donald, Edwin Smith. VIM. Paine, NJ
Weeks. Ii. b. Osgood. Isaac Reed, and
Benjamin White of the house. Their
report made Jan. Is, 1912, was adopted
the concluding paragraph was in these
words, Thus it appears By said report of
The council, that majority of the inhab-
itants voting on the question, last made
as afore said, are in favor of the amend-
mcnt proposed by said question, and that
it became part of the constitution of the
State"
We have not space for further cases ci-
ted by the minority committee as precc-
dents Suffice it to say. that in every
case the closing reports Of the committees
recognize the amendments as having been
adopted prior to, and entirely independ-
ent of their action. From these various
exhibits Of the action of the legislature,
in every antecedent case, and in many of
which were some of our most distinguish
ed Jurists, upon the committees the mi
nority report assumes. that the following
propositions are established -
list That in amending the constitu-
ton no action on the par, of the lesisa-
ture to which the returns arc made, is
necessary except to record the fact that a
majority Of the people have voted to ad.
opt the amendment. No other legisla
tive action was had in the case of the first
and third amendments. and we may we'll
ask whether any one will be bold enough
to assert that these amendments have
not become a part Of the constitution -
If so he must maintain that there has been
no legal election in any city since 1884,
and no constitutional judiciary since lS40
and he must be prepared to treat the
present incumbents upon the supreme
bench as usurpcrs.
ID. Tha. in all former instances the
leg stature has done no more in the resolve
than to declare that the constitution has
been amended, without attempting by the
use Of tha present tense TO give counle-
nance to the idea that the efficient cause
in adopting the amendment, was the ac-
ton of the legislature in passing the de-
claratory vote"
In opposition to these preceden's the
majority committee conclude their declar-
atory vote in these words -
"And it now appearing by examination
OF said returns. that majority of the in
babitants voting on said questions were
in favor of said amendments, therefore
"Resored, Tha, the constitution Of this
state is amended"
Thus leaving it entirely with the lcgisla-
ture to say, whether the will Of the people
shall be carried out or whether it shall be
postponed or defeated, This however is
not all. At The final c ose Of Inc resolves
which they have submitted, occurs the fol-
lowing remarkable language
And in all cases of election provided
for by the foregoing amendments OF tn.
constitution. the first election shall take
place on the days and times thereby pre-
scrbed occurring next after the passage
of this resolve, and until said offices shall
be filled by elections under and by virtue
of said amendments, the power ofthe gov
ernol and council in relation thereto will
remain unchanged"
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