The Portland daily press., 1871-02-18

Constitutional Convemtisns-Queree
For the Press.
1t is relief to find that the Legislature has
determined that it has not power to call con-
vention to change or make anew the constitu-
ton of the State. But the newspaper reports
appear to indicate that there is proposition
pending for an amendment. in the usual form,
by submission to the people, SO that some fu-
ture Legislature can call, or provide for calling
such convention.
Why should there be such a power? Why
did the founders of the State. fifty years ago,
make no provision for such power?
Whoever remembers the history of the six
months from Noyember. 1861, to May, 1862,
throughout the revolving States of this Union,
may we'll shrink with alarm and horror from
the idea of that destructive facility with which
constitutional conventions were got together
throughout all that region, in that calamitous
and dlsgraceful time. Such 'conyentions''
were among the readiest, easiest and most
plausible of all the tricks and audac'ties by
which the rebellious politicians of the day
sought to destroy the government They we're
not uncommonly called in the south "soue-
reignty conventions" by which name the de-
luded and deluding politicians conveyed the
impression that such a convention held within
its own hands and could exercise, of ITSELF the
entire so0ereign power of the people, uDre-
strained by any existing or preceding cOnstifu-
ton or statutes er judicial decisions. Hence
it was, that the Southern demagogues-aiming
at rebellion and the destruction of the existing
federal Union-sought, as quickly as possible,
to get together, in each State, a "conUention''-
something that should be higher and stronger
than any legislature for the legislature was
bound by constitution and laws and oaths-
something which could tear out of the consti-
ton everything which bound the State to. the
Union-a body which could pass an "ordi.
nance" nullifyiDg the old Obligations and pre-
tending to absolve the people from all their old
allegiance. In many cases the preteusions OF
these sovereignty" conventions were carried
so Tar, that as little as possible reference to the
people afterwards was allowed; in some cases,
popular approval was ignored altogether.
It is true. it does not necessarily follow, that
a State convention called for the specific pur-
pose OF amending constitution, must arrogate
to itself such pretensiOns and dangerous DOW
ers. And, fifty years ago, or, certainly, three.
quarters of century ago, the Southern States
would not have consented to the domipition of
such bodies. But unfortunately, the idea Of
such conventions became too common there
came temptation to had or foolish men, who /
wanted to get into their hands more power
than they could grasp against the restraints of
existing fundamental laws, and from bad the
thing went to worse, until at length in 1861.
pretending to hold the greatest
possible power to change and remodel existing
law and existing institutions, came to be
among the very worst and most pernicious
parts of the instrumentalities of secession and |
rebellion.
Let us decline, as our fathers did in 1890, to |
'Den aoy doors for the Introduction of any such |
oernicious ideas o. examples. There is very |
title need, surely, for any such risk, at this |
lime. TT