Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1859-02-17
indianapolis, Feb. 3, 1859

gard 10 party, are IN favor OF Calling Convention:
HoUsF OF REPRESENTATIVES,
indianapolis, Feb. 5, 1859.
am glad that you hold the same opin-
ion that do in relation to the necessity of
a change in our Constitution. Iti impos-
sible with the construction the Supreme
Cont has given it. to get along with its re-
strictions upon the Legislative power The
extent of some of its limitations are so I'M
certain, that no Legislature Ca: at all be GER
tain when its action is within such limita-
ton. One of the worst evils arising from
it is the Judicial Legislation that follows
There is no practice in any department of
the Government, more dangerous to the
commonwealth. Every other branch ofthe
Government is responsible to the people.
The Judiciary is not. The one provision
of the present Constitution,-"that in all
cases, when general law can be made APP
plicabIe, all laws shall be general, and of
uniform operation throughout the State,
gives US vast amount of trouble-special
cases are continually arising. where relief
ought to be granted by the Legislature
But you are at loss to know whether gen.
eral law reaching that class of cases would
not DO infinitely more harm than good
While you are satisfied that in the partcu-
lar case, great injustice would be done if
Legislative relief was withheld. For in
stance, there is AUST debt against the State.
but it is ofsuch character that the amount
of the State liability should be ascertained
by jury, after a thorough investigation
of the claim. vet law cannot be passed au-
thorizing the State to be sued in such case,
without you open the door to suits by ev-
cry body else, whereby the holders of the
unsecured State Indebtedness in the out
standing internal improvement bonds of a
million or two, could come into our Courts,
and get judgment against the State. So
too. when the people of any particular Dis
trict desire to subject their property to a
tax sufficient to keep up common schools.
they are not permitted to do SO unless the
people of every other portion of the Stat,
are willing to do the same thing. But the
vote of taxation must be the same every
where, though in some parts of the State it
might raise twice the amount needed. and
in others not half of what was required
There arc many subjects of special and To-
cal legislation that are prohibited by the
present Constitution, that are right, and
are decidedly an Improvement upon the old
Constitution. Such ought not aud would
not be disturbed There are many other
things that might be mentioned, that make
it evidently necessary that the Constitution
should be amended. A good deal of hes
isation will be felt to calling another Con
! vention, because ofthe expense. The mis-
fortune with the late Convention was the
multitude of its members. 1t was an ex-
pensive and unweldy body. It's now pro.
posed to have fifty members instead of one
hundred and fifty. With this small mum
Der, il is believed the work can be done in
thirty days, and that the entire cost will
not exceed ten thousand dollars. The late
Convention cost one hundl ed thousand dol
lars, and there is no doubt that the cost O.
settling Constitutional questions arising up
on the present Constitutional restrictions
has been to the people three times that a
mount. aud that work has just began
There,,was an ultraism prevalent at the tim,
Iof making our present Constitution, tha
. had entirely upset the sober conservative
: Judgment of the country. Wenow feel tn
: effects Of it. - .'s .se-e .sf
! But few bills have passed either House
, In the lower House there must be fifty o
more engrossed, that will pass during tn
next and proceedings weeks. A re-organ
|. tization Of the financial and administrative
!, departments of the State Government, j
about to be made. unless cut of for want o
r time. Economy imperiously requires it
r. By the present law, officers At the Capita
r are permitted. by way of perquisites AM
+ speculations on public moneys, to max
: their S.. 900 to SIC. 900 per annum. An
, that is not all; there is now $3.50. 600 j
II the Treasury, Of what's called "unavailabl
$ cash. f" which simply means such as the pa
!, per Of Bright. Drake. MAJ. and others. VIII
have been using the peoples money. an
j are now unable to Peg thar debes- An