The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-02-15

legate convention, drafted n constitution
and submitted 1t TO the people who, acting
under the forms OF law, invalid though it
might be, ratified and then, under 1t,
sought and obtained admission as sove-
reign state of the Union. This argument
was presented 10 every form. Judge
Prentss, then one of the senators from
Vermont, said that he "viewed the move
" inents of the territory, with regard to its
" admission into the Union, as decidedly
" revolutionary, forming its constitution
without the previous consent of Congress,
and unfortunately knocking at its doors
" for admission" 1t was urged, in the
house, that the proceedings had been claw
less and revolutionary, and that for the
examples sake, If for no other reason
the application for admission should be
rejected" These views, although ably and
persi,tcntly expressed, did not prevail
Arkansas was admitted into the Union, as
a state, only six votes being recorded in the
negative, in the senate, and fifty in the
house.
Forty years have passed, and Arkansas is
again before Congress. not, however. by
seeking, with new constitution, consti-
tuition which the President asserts to be
void and of no effect To use his own
language: ''The constitution OF the state
twas by violence, intimidation, and revo-
"lulionary proceedings overthrown, and
"ncw constitution adopted, and new
state government established. Is that SO?
Let the facts answer. In 1874, Elisha
Baxter was the de Jdcto governor OF Arkan-
sas, and recognized as such by the Presi-
dent. With the knowledge and consent of
the President, he called an extra session of
the legislature. Without such knowledge
and consent, he had full authority under
the constitution and laws of the state to
convene the legislature IN extra session.
The legislature so convened, passed an act
submitting to the qualified electors Of the
state the question of calling con-
stitutional convention, and providing
for the assembling of such conven-
ton, provided that majority OF
the electors should decide in favor
thereof. The Legislature had an undoubt-
ed right so to act, unless all commentators
on constitutional law are at fault. The
convention assembled, drafted a constitu-
ton and submitted it to the people for
their ratification or rejection. Judge Po-
land says that the convention and the con-
stitution "were voted for and are satisfac-
tory to the majority of the voters and the
people of the state The constitution, 80
framed, submitted aud adopted. is republi.
can in form and is stated, by the congress
sional committee, to "be in many respects
ian improvement on that of 1858 the
one that the President desires restored and
left unimproved. In pursuance of the pro-
visions of the constitution of 1874, a gene
raj election was held, and governor and
other state officers chosen, which "were
certainly elected by majority of the
votes cast" and the committee of investi-
CATION think, by majority of the voters
and people of the state. Is there anything
very Revolutionary" in this state of facts ?
1t would seem not, but tho basis, and only
basis, of the claim is that the constitution
was not amended in the particular manner
prescribed by the constitution of 1858.
What of it? Is there any force to the OBJ.
lection? 1t would seem not, yet in the
face of all the preccdences to the contrary,
of the opinion of all writers on constitu.
tional law, and Of many decisions of the
highest courts,l there are found some Ia
claim, or pretend to claim, that "be-
cause the constitutions of 1868 did
not provide tor the formation of
a new constitution only for an
amendment of the old one, that the sove-
reign people of Arkansas were forever de.
barred of the right of forming new con.
stitution. To those who honestly so be.
lieve, argument, precedents, authorities
would be of no avail. Like other men
convinced against their will, they would
remain of the same opinion still. The
President seems to be in this category.
He persstently refuses to recognize Gar.
land as either de yJactO or de jure governor
of Arkansas. He seems to desire to have
more southern governors on his hands.
Which was the most "Iawless and revOlu.
tionary," the adoption of the constitu-
fipr If tpQS hat &c
are now the most Revolutionary" those OF
the President or of the people of Arkan-
sas? Let every one determine the quality
of the Presidents acts for himself. Lei
Judge Poland answer for the people OF
Arkansas 1.-THE people of every state,
says the judge, shave the right to make
" their own constitution to suit themselves
"providcd it be republican in form and il
harmony with the constitution of thu
"United States; and the national govern
"ment has not the authority to deprive
"thcm of that right" and further that ne
amount of irregulariiy in the processes by
which the constitution was adopted would
make it revolutionary or void but on tn,
contrary, upon principles now well es
tablished, all these defects and Irregular
ties must be regarded as cured by til,
"verdict OF the people" So the scnat,
and house held forty years ago; and S,
Judge Poland, following standard authori
ties, political precedents, the decisions O
the highest courts, both state and national
and the opinion of all constitutional com
mentators, holds to day.
County Temperance Convention