, 1874-11-28

1or thcir adopt1en. No power WaH daegatou 10 t!io
0cnorai Assembly OF tho ato to submit the question
to the rcople whether nut they wonla hold oon-
sti.nt!onal Convention. Thu. 4 arpsars TINT tho
action Of the ArkansaA Legislature III tho prcmFc1
easo Z ills n, poland nnds n tho eo!ebrated Dorr
Tho hopos and ambition ot suith rast upon tha i1o-
| Eallty Of tA!s Consultation.
understand from tho senoe Of this dispatch
t}at tho theory attributed to Judge Po!and rep-
! rescnts tlo view Of tho Ropub1ienns; aud that
tho opposite theory, that tho Convention In
question Was valid body. rapreaenta that Of tho
! Dcnocrassl Tho point at issue is ono Of con-
Siderable Importance. 1t Is, indeed, far more
important thu. 1t Should bc rightly decided thar
that either party should succood in holding the
Government Of Arkansas. In truth. Il would
bo butter for tho country that tho Republican
! aud Democratic rartlea both should DO riped out
OF existence than that any material question re-
! latlng to Tho ponora Of constitutional Conycn-
| tions should bo decided wrongly. BY Bomo-
| what careful atudy Of this question, I am con-
vincau that the theory announced by your corro-
| bponeent xs that Of Judge polaad and Of tue Re-
publican party, is wrong. and would load to tho
! lnost fatal results.
Tho first point ia. wtotber Legislature has
polrer to call . Convention to ane1d the Consti-
tntion, VheN tho power to do 40 hna uot been
specifically glvon to 1t by that instrument, hut
! 1hou the power has boon givon 10 It 10 propose
| spocitlc amendments to tho Constitution, TO be
voted upon. BY tho people; Which last was. In aN
respects, tic case with the Constitution Of Ar
kansas extsting 1t tho dmc fts last Convention
| was called.
Tho history Of this power Of mating srcctfic
amendments to Constitutions, at tho suggestion Of
| our LerislntureY shows VERY Clearly tnat 1t vna
iutcnded to bo exercised only when fsw aud slight
| amendments were desired, and mover where
tondod. It is fact thst no attempt to reyiso au
entire Constitution by tho act,ou Of tho Legia-
| iaturo submitting amendments 10 tho pcoplc,
waB over n,ndo until tho late casoa OF Mtclicap
| were faI1rca.-tho pcupio Ut Michigan rejecting
| the whole, and those Of New York q large rart,
| Of tho amendments proposed by their rcspcrt-
iva Legislatures. Tlils, to mo, Ia not
| = matter OF surprise. since, although
| ia both cases. tho new Constitutions vero sever
ally framed, liz tho frat INSTANCE by = Lccjsls.
| tive Commission" naado up OF the beat men Of
both pa,tics. They wero submitted to tho royla.
! ion Of tue Lagiaature itself, made un--un&eas
botter constituted than tho ayorago Of our Log
| isl.tures-of tho worst mon Of both parties
Whon auomittoa by tho Leeialaturea to tic poo.
| p|e to be passed unon finally, tho chances we're
| OF 6o,ns ot their most valuable previsinna, or
had lad it,tcctou into them others that vera die-
tasteful to the pcoplo. as tisan or unjust.
| What could not be dono In NoH
ablo and p,triotio mon constituting tho comnaia. is
stons, no could hardly expect to bo donu il. other
statea Which should adhore strictly 10 thoir Con.
s,iInsIona, and attempt to do Ito work Of fuly
sSssss sss f ae' bs ats gs ee BY @nmi
too Of momhore of tho Legislature, generally IL.
uornut OF con.tltutivnal la,Y, aud niyaYg deyoted
to party.
| judco Poland ie aaId 10 hayc declnrod that the
action or tho ArEsasas Los:slst,no 10 caliins a a.
| Convention to royiao tho Constitution. uudor The
] citcur1stanceB stated. mas WHOLLY irrer1lar.
By this auppose he meant tlat It waa so far
unprecedented that the r1lo ho conteuda Tor Is
substantially without exception. On tho con-
trayy, there erp numerous and uejchty oxcon-
| lions: 40 much 40 that think It cetsbliahs] in
| the nub!,o iaw OF Tho UnItod States. that
ture TO cal, a Convention, whepeyer i
may doom It uecccssarY Or e1pelleut to do so
! With . yiew either 10 amend or ramodol I'm Con.
sttutiou. Tho only exception would bp. vhcre
| tho existing Constitution Should. in oxprops
terms, hays prohibited tho oxoroleo Of such a
! nowor. II 40 unwisa urohibition we're 10 be- In
sertod IN Constitution. It eecms vary c,e,r thnt
! no Legislature of,:auizaa under it could caN =
Conyention without beipr guilty Of IN act of
revolution.
Let uu now look at tfo precedcnts touohipc
| thi, mint irhern have honn at loast twontv-ur
csaes. inc.udinc tint oi ArXannas. in Which,
| Icu,s1atiyo I'odien nayo called ronventions'
,yl,oro tho Coustitut'oug lleu 10 !orco contained
no rroyision aus,oriyn9 auch action Ihooo
! csacs cxto,,i1cd iii tno wav from TIA h fS1D
Tho Conventions yyere thoao Of Georcin jan. +
1853, Nav /. 1850. and 1883 Bou,R Carollnn'
| INN. Krw HannahIro if91 Nav Yori,
| 1anl 1901 and 1ajG. cnnucctinns 7RiN
0fsssachuvetts. 1920 and 1853, Rhode
Ialaud 1881. 1854. ISL. ana 1919 lad uo,ier tae
Chartor Goyor1,rent: Yireipin' 1921. issp. and
1aG4. Norts, CaroI,na' 1saG :, pen,nsvIyanin iaa7
Now jorsey, 1874: Missouri, isI5, lSG1, and
1855: md fudlana, 1850, In regard to tho last last
Coutcntioi' it shnnld ho ohsarysi tnat. altionrn
,%nro usa nontancd n tha Tniisnn EonsItm:i66,'
Of ls1o power to tho ! Legislature to call Con.
~ IaSH 1s41 1a5s ctc'"te nowor Uaa ,'n1 nnS' ~
suetl Int a nonysntion was esllod t,tlapandant.
" Of It. by an aot upprovol Jan. Is, 1855, which
1nct m ,ha IA nj Jrnn fpi,nwine s|'
Il ia tr,a int. il, tbroa or fo,ir Of theso Con.
veueions,-as ia tint Of Virginia 1890, Of Penn.
syyania, 1917 ; Of Now FORK, 1916: aud o,
M.ssaeLuselta. lsS9.-.tho same obiao.iou statc;1
by Mao iulai,d wss raiscd | aud discussed, I TSs
obioct,on, lowoyer. ras comyuoulY urcod :by !
minority. vhose ,arty Or othor intereats inc,Incd
,hen, N ion}. witE alsfayor unon anv chnnrn ~
fhc c4iafinr cnuHtitution In 1ori,e r,rnnnr,ion
Of theso cnsoy tLp snma obicclion was ,nadn ~