Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1875-04-09

/ ton at the balot-box2 [ am STRONGLY
inclined to think that it is now at least
TIE settled doctrine that Co ,stitutiCns
mu It emaaate directly from the SOW
! *relgh power, and cannot be regarded
T as any tI'ldIrg force. unless they II tve
! the popular approval a! an election
held for thar purpose. This view is
laid down ds the correct one, i'll
/ 'C"Oiey on Constitutional L;mita-
tom, II Wtrk OF much merit and
II GA authority, and is, as the author
says Iii note, the d0ctr' uA set forth
= jameson Oh Constitutional Con-
ventions. nave not had the ,lea.-
nle Ci a p-rusai Of tha latter work.
bat have heard 1t spoken OF as au x
iiuuetive Treatise, upon tie subjs It
10 which II Is q, voted. 1t ,b,lot bt
IecCilc;ei that. ~ its Orguriz ii III
this Is CprescntdtjCG government,
and that Tie uitiiilagc sovereignty re
SIDES III the l1trJ)tc. "AiI political
power IS vested In and derived from
the people uu!y.' nu.t, berc~, there.
can b" no i: il grtioi Of the sovereign
power, "ht Il aI.aii ls, thoroR9il ard
exclusive. 4 CouVtntIpn-tiit- nturest
approach to lt-trd II. although IL
vested trcs-s -s-aTI.v. wIFiI great power
can not he legai dcd as sOvereig! ex
ctpt, stt6 UlOdO-uftcr manueI-.y-
proXImate oLly. not real, 4 differ. -
ru!t', 1 huoW t4bS sometimes Ohtuint q
Gnt the cases were extraordinary "Dt
must ut regarded a. Il departure. from
the ordinary way. The COn>ti. ution
oI lI'O. was the work of II Convention.
%htiieiy, but then, We were IL tll
midst Of revolution. and EeLUt,I
cao'so Was IN y III a chrysdii5 sI,.r,.,
HudeVtloped and uud ii ;ed, by siar-
cess, AID practical experiment Nov,
tae forms Ut governments are more SET
tGd AMI principles more cumpittt V
reduced tn n system. The rTIe iii @
-. tor the pie 10 be sn Jta.vus
i'trIr night, aud liberties, IS ~ res rye
,i'e power 1t al times, tn rovleW u. with
o'it Ere &ud IN a peaceab Die AID gc1al
way, All tie acts OF thelr Ici,rs-sents-
{ .aeS, Whatever may bs- their ptf,icu.
lar 1T OK. IL 80 case, can It bt' mo-
~ maintain this RIGHT, tnalI
upon qnests0i.s aft, citing the organic
Ia" :; tur otherwise, Convection
might l., tray the people, force upon
them al OdrOus ard lntoleri.ble Con |
hFlfution from whose burdens they
could get no relief, except ny ii resort
OF revolution. We should always |
guard against the necessity for til |
resort, and 1t IS only etfec lively guard !
ed against by Il recognition of the |
right OF the people to pass Upon ali |
the acts OF tGeir Represent ltiv.-..
[ know that ordinary acts of the
g'siatuTe are Eot always, III .Tuct, |
though they are IN theory, the express
Sons OF the public will These, how
ever, can be easily re.D"died by sue
cecd!ng General Assembly. 1t is orl.r-
wise III COnstituioual proyi-ioDs-
hey ought-6lways to be the dcLher-
ate will OF the people, and permanent
III their existence. Fl nee, Impedi-
men to frequent changes Of the fun
law. are always inserted IL
oil well regulated Constitutions. Ii,
therefore. mere Conventions can make
1t Is easy to see how
such bodies, under adverse influence S,
might, in derogatlon Of their trust
}'ove such Is would not con erv5 the
public Interests, but impose heavy
yokes OF tyranny, from which no re-
ief could he had, except through the
agOnies OF a revolution. Whenever
he orguUic law is the certain expre,-
ion of tie popular will, made i'll pUr-
'uuice OF law, 1t will have The value Of
and command the re-
'pec; OF the good, and the fear of the
vi! disposed portion Of the people
. But safety lies in fear" a1,i true
wisdom requires that lepEt sentatiy.s
-uould never b,. invested With such
power as to make them superior to
hose WHO created tbcm-fOr human
la,nre is weak, and subject to tempta-
:Iou, and
- II ~e.f, the WAGERING te3ancg shake,
it's rarely riga: Il Just: q -
-TGLnEP