The democrat. [volume] (Weston, W. Va.) 1868-1874, 1870-12-14
TIE LEGISLATURE,
What Can be Done and what
should be Bone,

CNIIeus huo uEe ~" prevented IIOul e3'
ercisiug the right of suffrage, and az
uOunced our preference for State Con.
ventiOn. The length Of the article pre-
vented us from giving our reasons for
this preference at length, and we now
propose to do so.
FGRsr, A Convention will accomplish
all that is claimed by the friends Of the
other measures, and in such 8 manner as
can never be hereafter questioned.
A Convention assembled in pursuance
Of the Constitution, represents the sover-
eighty of the People, and its power is on
ly limited by the Federal compact, which
provides that "ths powers not delegated
to the United States, nor prohibited by it
to the States, are reserved to the States
respectively" and, therefore, Conven-
tion can exercise any and all powers not
specifically delegated to the Federal Gov
ernment. This being the case, it will not,
for moment, be seriously cOuteuded that
a Convention could not, by its action, en-
franchise every man in the State; but,
upon the contrary, it is conceded, tat a
Convention would form new COusiiiu.
ton, from which would be stripped, not
only the odious feature Of disfrauchise.
mcnt, but many provisions which have
been found to be unnecessary aud burden
some; aud when ratified by the peopl1, it
becomes the fundamental law Of the State,
and canno. be altered or changed except,
by Amendment. Nulegislation can affect
it, for it will be the source of legislative
authority. 1t will be the act Of the people,
in their sovereign capacity. exercising She
inherent right Of self-governmeut, and
being ordained by them. can only be nj.
tered. changed or revoked by the same
authority which created 1.-THE People
But suppose the Amendment of 1866
is simply disregarded by the present Leg
isla,ure. and our election laws made to
conform to the Constitution as it was be-
fore its pretended ratification, and what is
the result? We at once Jay ourselves
open to the charge Of multiplying the Con.
s,i,u,ion and Of being revolutionary !.
Whether true or false. it makes little diff.
ference 30 far as the effect is concerned
We would shock the sense Of the people,
and the result would at least be danger
Gus to our supremacy as party. The
Amendment would have all the force it
ever had, and subsequent Legislature
would have the same RICH. to enforce its
provisions as have had those in the past.
So in regard to the repeal Of the Regis,ra-
ton Law What one Legislature would
repeal, the succeeding one could re.enact,
and REIMBURSEMENT or disfranchisemen.
would depend upon the political complex
ion of the Legislature.
But again: Suppose the Flick Amend
ment should be adopted, what would be
the result? Would reimbursement fol-
low? re think not and that result
would, at least, be questionable.
Section .. Of Article IL, Of the Con-
stitution, relative to Amendments. pro-
vides that "any Amendment to the Con-
ati,utiou of tho State may be proposed in
either branch Of the Legislature; and If
the same, being read on three several
days in each branch, be agreed to, on its
third reading, BY majority Of the MEM
bers elected thereto. the proposed Amend
ment. with the yeas md nays ,her con,
shall be entered on the journals, and re-
fcrrcd to the Legislature at the first SEES.
sion 10 be held cttcr tie nett general elcc-
tion ; aud shall be published, at lra't three
months before snch election, in somc "elss'
paper in every county in 'rhich u mtrsp:-
per is printed"
This provision ia plain and mandatory.
Every Amendment "shal Je published a.
least three months bstme such election"
This has aot Jstn done! Governor
Stevenson neglected, for Whist purpose,
We do not Know, to have the proposed
Amendment inserted in any piper in the
State, until it was impossible to comply
with this plain requirement, by reason Of
lack Of time, and it '-ns not p"iHsl.d far
three months prior to the last general elec.
ton
As legal proposition, We believe it is
conceded that 10 amend the Constitution
in any other way than by a Convention,
erery rrquisifim rhich ir dcmandcd %
the instrument itself, MUST BIZ OBSERVED,
and the emission Of ANY ONE is FATAL 70
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