The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1857-08-13


serve. L,twen lcgislaiion anil constitution
making. The functions Of the Legislature
AMI the Constitutional Convention are per-
fecily distinct, and may be- easily and
sharply defined; and yet nearly all mo'leru
constitutional Conventions have exhibited
the strongest procliyity to transcend their
legitimate sphere. and transma,e Themselves
into law inAkcrs Hence ha3 arisen the IN
| fortunate necessity OF the lreluen, calls. of
late years, tof new conventions to rrnlify OF
abrogatc provisions CONTAINED IN th organic
act Of state. The fact il that whenever
| legislative provision, 10y ans mischancc finds
Its way into constitution. the chances are
very grea, that only comparatively brief
period will clap@ before the provision will
bc regarded as a bn.,cnsome or useless r,,-
strciion, or before tho changed coalition Of
Affairs will prolsr ly demand some mojiiica-
ton of the provision, II the provision WAS
| where il should be-, an the statute books. in.
stead Of ls:isg IN H. orr aaic .aa nf Tie
STATE, The required change conld be- effected
regularly. and withou, violence ur difficulty;
but being in the constitution a ,t.ni rcyo-
luton Is necessary, to remove the evil or
effect the proposed reform.
Such u state Of things IS very much 90 he
deprecated. ami should, 10y all means, be
avoided "a 1t nay lie without difficulty. 1t
~ only necessary that conventions. called
upon to frame constitutions, should clearly
understand and firmly adhere TO their legiti-
mate spheres Of action. let them con
siantly keep in mind AMI be careful ouly to
exercise their proper functions, and all the
evils 10 which We have alluded. aul which
OF late years, have pccasiuncd So much coz
fusion and embarrassment, anil not 1.-THE
weakened the authority and prestige of law
and government. in cur cuantry. will he
shunm>l
A We enlcaynrd Ia show ou u prcslons
occasion, the object AMI oi,ice II c1nstitu
tan ~ to regulate and define tie relations
which shall subsist b,taeccu the lropl, AMI
the government and Ia that cul. 10 orpaa
ne. distribute AMI define tie several func
tons 81 government |, shoakl. therefore.
CONTAIN something in the nature nj a Bin of
| Rights. a. an assertion and guarantee of the
independence, indi, duality aul irrcfra.ihle
rights Of the ethan, against any AMI every
unnecessary ami improper iniers,r,ncc on
the part of the government Il should
clearly ami fully define the diferut depart
nru's OF government, and prescribe and
vest their several powers. Here II should
! stop. G'r when the constitution has done so
much properly AMI ,tectualy, i, has suf'i.
cicuily regulated AMI ,lc6tci the relations
between the government AMI the governed.
| and has. therefore, accomplished it, lcgit-
mate sphere All bsy,nd this Is entirely
unnecessary, AMI i moreover an u,urIalion
| 81 the functions of the legislature, anal c1n
seYaenily franght with illimi'abb ami man
iiold evils The province Of the laws {. 10
| Regulate the citizens ~ their relations and
| intercourse With each other Ia furnish
and prescribe thu rui,e. by which men arr To
| te governed IN their conduct towards their
| fellow men anil 10 L'akc. Aiirugatc and
moiify ih,Sc laws, "a the propcr AMI ~u!e
function Of the Legislature lenrr. RS tie
Affairs AMI noresSities Of meu arc p,rpetually
changing frequent ms .Iifcatiols Of the lass
arr reqgir,l, anal, consequently irqpsut
nv, ,lngs 81 the law makers iml~ral.seiv ID
marsled. anal gu,l,r every trce a,ti wisely
regulated government prov ilei for Hat Il
the organic at Of State Ia properly framed.
it, PROVISIONS viii rguirv changing or :,
u,.slinS only after long intervals ct time,
We have BEEN iudacsl ~ rekr TO this
matter again, hecaase We have I.r,ey,si a
,,ndeney 90 the par, II some of thu mem
bcrs Of the Constitutional ,ouvc,.tlon. nov
in ssssioa. occasionally 10 faIl into The very
errors which We have enieavorl 10 warn
them against, For example ths article re-
alive to the militia as first reported was a
pare All anmittga;el pssce II legislation. |
from beginning TO eD.i. The better julge |
msn, AMI sen-r 81 the Convention. however
hAppsly prevailei. AMI the artele ~ wort,
cd vas resectrd sati substitute II rso ~