, 1862-05-12

~ AAIA A41AAts 4A0 LIE IAkAIk-A 4ohE4 Ii
to be asserted ii the slime manner. The legis-
1atire power Of the people Is ordinarily vested
In Z senate and house Of representatives. to
be chosen IN accordance with some orcanic or
other law, prescribing the number Of repre-
sentatlves IN each BODY, the time and manner
fcations OF the electors as we'll Us the elected.
The manner in which the legislatiye power OF
the people shall be exercised ss also prescribed
BY written constitution.
IN this State, the Legislative power and au-
thor1ty Of the people Is vested solely and e1-
luEiyelT In general assembly. consisting Of
elccted by The people. Tic manner II which
laTs are to be enacted is specifically pre-
sc7ated, and it is declared that 10 bill shall
eet ONE Law until the requirements Of the
constitution arc complied with. The repre-
power is vested, are restrained in its exerIise
IN certain cases, and absolutely prohibited
from exercising II In others; but where there
is no restraint and no prohibition, the tstirs
legislative power OF the people is rested IN
the general assembly. The people, IN their
faw; thcF have voluntarily Surrendered that
power. The general assembly has no power
10 authofizc the people in their primary ca
pacity to pass laws. No Law can be passed
except by those representatives ofthe peoplein In
Taom The Legislative power Is solely and e.
tn. :ud prescribed By the constitution
Thu executive power Of the people in this
State is vested in governor, to be elected in
the manner prescribed By the constitution,
and whose powers and duties are defined and
limited BY il Until the constitution is ch aDg-
ed, in pursuance Of, and in conformity TO,
some Law, the executive power Of tho people
VIII remain in its representative, in whom it
is solely and exclusively vested. Until that
time, he must be elected in the manner pre-
scrlbed by the constitution, and his powers
and duties will remain un2ltered and unchang-
ed. Until that time, no executive power Of
the people can be exercised by any person
other than their representative, the governor,
in Hhom such power is solely and exclusively
vested. Among the dutie5imposed upon the
executive officer Of the people, is that Of
examining an bills passed By the Sen,
either approving the same, or returning
them to the house in which they oriEi
mated, with his objections thereto in writing
This provision Of the constitution WIS de-
siEDrd to prevent hasty and tmprnIident
legislation, and SO long as the constitution
come a law, without it is first submitted to
the governor, for Ills approval or disapproyl,
by the legislative power, IS the constitution
requires. The paramount Law Of the land,
overriding and annulling all acts Of represen-
tatiyes Of the people, in conflict with it, no
A"t&Et-A ANA "AH1d F2tpN@N s4AS5 WILL SAIN1SAi
declares that 80 long as the present constitu-
ton rtnlains in force, no act OF Legislative
power shall be exercised By any one, except
by the representatives. Of the people in &he
general assembly, and By them only in the man
ner prescribed By the provisions Of ttc con
stitutiGu.
The Judicial power of the people in this
State, is vested in courts Of justice, consist
inE of 4 certain number of Judges. Until
! the prestut constitution Is changed, IN pur.
suancc Of, and in conformity TO some Law, nc
person can exert the judicial powers Of the
| courts, in whom such power is cxclu
| sive1y vested. Tie convention has nc
mort authority to usurp the Legislative
! and executive powers Of the people, than 1t
has their judicial powers, Iflt eau usurp one
of them, it can the others. The power claim.
cd by the convention is one which would ena
| Bile it to destroy all constitutional govern
| ment- These considerations lead to IN exam
inaticn Of the manner in which q people MAJ
| 1ightfnliy change their form Of government, Of
| alter Or amend their constitution.
| It is evident, from Wnat have already said
that the people may and do limit the power
delegated and conferred upon their represent
a1i7cs, and think it is equally evident, thai
| thcJ may and do Limit their own powers B,
| all tleir constitutions they limit thcmselre
! IN many i1nportant respects. It. is only nc2es
sary TO mention some instances in which bind
Ee.Fle Aayc surrendered the right OF votiu.
for ecery one they night choose to vote for
! and Lave limited their right Of choosing
so as TO be obliged to select persons having
such and such qualifications. They have dis
qualified themselves from voting unless the,
have such and such qualifications. They hay
| also limited themselves to curtain prescribct
FORMS Tor the conduct Of elections; the
mutt vote ct {: peculiar time, at particula
place, and under particular conditions, or NJ
ut IL They also place an implied limitat!
upon their powers in regard to changes in til
torm Of their government, and in regard +
alterations and amendments Of their cousti
tatioa. where the constitution itself mike
no provision for such changes, alterations G
amendments. In such cases, no change, a
scration or amendment can be made By tn
people. until the law-making power, by an At
Of legislation, provides 3 mode In which the
may be made In such cases, the power {
amendment is absolutely surrendered mt
the laW-making power calls it forth; and
can only be e1crted in pursuance Of, and
conformity to legislative authority, prescriI
ing the mode and manner il which the po He
In the old thirteen states, the const
tntions first adopted by them, with bu
one exception. I believe, contained n
provision for their own amendment; and still
believe all OF them have been amended
pursuance Of laws passed by the lcSislati1
power Such laws have uniformly prescribe
, the mode in which amendments might
made, aDd the requirements of such laws hay
. been considered binding upon those who
: rived their authority under them. Whencve
in tie course Of events, it is supposed to
expedient to ascertain the will Of the peop
Oh Ecw c1lEency. or on new state OF thing
! OF of opinion, and there is no constitution
: provision on the subject, the Legislative pow
, must te and Is the sole judge Of such eNped
ency and if it Judges euch asecrlsinmeat
the will OF the people to be expcdicnt,
+ must provide by law, The mode and mann
: III which the will Of the people shall be asce
: | tajned-
, Since the decisions In regard to the famo
! DoH rebellion in Rhode 1sl.nd, it has be1
settled that the people cannot change tht
{ form OF government, except under, and
l pursuance Of the provisions Of some law,
I by revolution The people Of this State ha
!, surrendered the right to change their tunt
a mental law, until tWo-thisds u all the mel
], hers Of each branch OF the general assemt
! she'll think it necessary that it should
b done; and they hare restrained the 1egtalati
3 power from passing any Law providing for 81
U change until that time arrives. VII
# thcEeis no constitutional provision upon
Q | subject, duty IL imposed upon tie lee,1slati
d ! l'ower to provide By law for change Of
y fundamental law, whenever, in the opinion
/ q majority OF its members, it Is necessary tt
d | tuch change should be made. In this ST.
:, the duty Is not imposed, until t~o-thirds
= the members are OF that opinion; but wht
q | ever The time arriFe5, tile nature Of the dt
Il | is the SAINT in the one caee as Ia the 9th
J. Where there il no constitutional proVisit
l. the Il gistatlEe power may prescribe eu
's time, nanner sad condition, as i, may thi
= proper. in regard to making the change
this State, the cnnstitut on has o1pFesse
a. particular manner in which the leEfslat
L. power tha1l perform some Of its dulles, q
a ,henhE rest1aineo It from performing the
er III lhesc particulars, in any o1hec mrnncr.
ID There is wide difference betEcen the
t, is1atu1s's exceeding its authority, aud n
g.. lect to perform It's duties. In tho former ca
n .he laW is void; while in the latter
J. right or authority Il derived, however clear
7s ulqutesluLt,d The duty may be Ehich eno
& l,avr been discharged. All constitutions
ts puee certain duties upon those Hho 1epres
n TIE people In the several departments Of
re government The Representatives In the
IN islattve department, in whom all legielat
ed lswe. The executive IL required to do cert
rn acts. snd the Judicial officers are required
ur do otler acts, To secure the pet1orma
iy Of these several duties, the people b
b | 5rquirld OF all their representatives, to t,
IS N oath, bJ which they solernnly oblige th.
sNrs to discharge the duties Imposed Ut
1t, them. But while the highest moral obi
ne fion is imposed upon such representatives
Is perform their duties, it In we'll settled ths
'se rests solely upon their, ,coneciences. Il
'te wei understood. that constitutional pro
ss- | ]a~e, have no operation az Laws The LEI
RI lattve power may be required In the noet
TO Irentiye manner to pasa a aaw, but IL 1t I
al iccta It's duty In this regard; the rule wt1icl
| should prescribe rs d law can never bece
is one