Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1878-07-05

Mr., President, atho' this is ques
ton 10 which l may be considered as
personally involved, and therefore it be
hooves ME to say nothing, but let this
convention pass upon it 10 such manner
a. they deem proper, yet | hope I may
be desmed not out Of my place if, rep,
resenting constituency, ask this con-
vention the privilege of stating the
views | entertain upon this question.
(leave was granted The resolution
declares the delegate from the counties
Of Neg Perez, Shoshone and Idaho, in
Idaho Territory. to be entitled to vote
in tais convention by virtue of his elec.
ton as such delegate by the people of
those counties. This requires us to con
slider the objects for which this convcn.
ton of delegates has assembled, and by
what authority it has assembled. 1t is
conceded that the object is to frame
constitution tor the government OF the
proposed new State Of Washington. It
10 further conceded that it is the wish
OF tho people Of Washington as we'll as
those Of these counties Of Idaho and the
delegates in this convention, that these
three counties should be embraced wi,h>
in the boundaries Of the new State. IL
TACT this convention in the committee of
the whole, have already gone as far as
to eograft these counties in their article
on boundaries. Admitting this much. is
there any improperly in permitting the
delegate from those counties to have
voice in framing aud adopting the con
stitution which is to be tho future gov
eminent Of the people of these countie,?
In fact would there not be manifest
wrong committed in attempting to sub
ject that people t, government which
they had never assisted in framing? Our
American governments originate with
and emandate from the people who ire to
live under them. All constitutions
which arc presented to Congress for the
admission of new States, must have frs,
their adoption by the people Of those
several States before such constitutions
can DO considered by Congress. These
ere questions easily answered and propo.
sitions which need no demonstration.
But It is claimed that this convention
acts under the authority Of an act of the
Legislature Of Washington Territory, in
which act said Legislature has specially
prohibited the delegate from vote in
this convention. and that this couven.
zion cannot exceed the authority given
them by this uet. With all Difference
to that Legislature, and the gentlemen
10 this convention who claim that the
authority Of this body is limited in its
jurisdiction to the terms of that act, |
deny the position thus taken. II is un.
tengable ASH principle upon which Amer.
lean constitutional conventions act, is
subversive of the right Of the people to
change their form Of government as
enunciated in the bill of rights in the
constitution OF the United States, and in
that Of the several States of the Union.
Whence did the Legislature of Wash.
ington derive its authority to call this
convention to frame constitution? Was
it from the constitution of the United
States! certainly not, for the consti.u
ton confers no powers upon Territorial
Legislature to change the organic gov
ernment OF people. BY that ins,ru.
ment the power is given alone to the
people. Did tho Legislature derive this
power from the act Of Congress organic
ing the Territory. Of Washington aud
termed the organic act? Certainly not,
for that act makes no provision for a
change Of the organic law of the peorle
OF Washington. Did the Legislature
derive such power from any enabling
act OF Congress authorizing said Leeis.
iature to make provisions by which the
people could change their form of gov.
erumentg certainly not. for Congress
has never passed any such enabling act.
Whence then came this authority to the
Legislature! Had they any authority
upon the question? II they had not,
then 1t this convention is simply their
creature aud nothing more than these
delegates may as well adjourn aud 70
home, Tor their presence here for the