The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1880-02-03

been employed to rake upon it in Advance the
sense of the people" Jameson, Sec. 484. But (
where the existing constitution OF the state
does not expressly grant to the Legislature
the power to call a Convention, then provis-
ion permitting the Convention to adopt, WITH
out submission, is of doubtful propriety.
The majority of the States have always con
formed to he doctrine of subm sslon let,
large number of the States have held to the
opposite view, among which are New Hamp-
shire, South Carolina, Virginia, New jersey,
Georgia, New York, Maryland and Verm mt
In fact, up to theyear 1866 tout OF lIS Conven-
tons heldin the United States seventy-elgnt
of them have submitted the fruit OF tnelr IA
bors to the people, and forty have not" jane
son, Sec. 487.
In 1865 the Missouri Convention adopted
revised and amended Constitution OF the state
and for the purpose of ascertaining the sense
of the people in regard to the adoption or re,
! lection tn areof, required that the same should
| be submitted to the qualified voters OF the
State. and that no person should be allowed
to vote who could not be qlahneo
voter according to the terms of the
second article thereof. At the election
one Minor Neal, appeared, took the oath;
under the PROV sion of the Constitution, ana
voted He was subsequently indicted Ior per
jury, and set up, by way of demurrer, that the
Indictment did not charge him with the taxing
of any oath prescribed by law on the ground
that the Constitution, providing for the oath,
was not binding, until submitted to and adopt
ed by the people The Supreme Court OF the
State of Missouri held, shat the Convention,
might, if it had been deemed proper to do So
have declared the Constitution framed by 1t IN
full force and effect, without making any
provision for it's submission to the voters OF
the State. See case of State VS. Minor Neal, AZ
Mo-, 123.
Precedents for the exercise of this high
power are not wanting in our own State. The
revisory Conventions of 1861 and 1863, which
assembled at Jackson on the 9Th day Ios OF Janu-
airy, 1861, and 18th day of August, 1865, after
adopting certain essential changes to the Con-
, stitution of 1882, promulgated them, as part OF
, the Supreme law of the land, without subm1s-
sion to the electors of the State. See Journa lis
of Conventions of 1861, and 1868.
The conclusion reached, therefore, by the
committee is, that the Legislature may pro-
vide, in the Act calling Convention, that the
fruits of its labors shall be defnitive. But,
| that such power should only be exercised IN
cases of extreme necessity. They are further
of the opinion, that whenevera Convention Is
called, without any mention being made con-
Corning the submission ofthe fruit of its labor
to the people, that the weight of authority is in
favor of submission, although strong authority
maintains the opposite view.
Sd. What will be the probable cost of hold
ing a Convention? The Convention of 1917,
which convened at Washington, in the County
of Adams, was composed of forty-four dele
l gates and, after session of month and
seven DAVIS adopted the Constitution of 1877,
at a cost of &c. 70S The Convention of 1882
which convened at Jackson, completed
their work in one month and sixteen days, at
: this Convention were forty-seven. The Con-
I vention of 1868, completed their work in four
y and one half months, at q c 'st of $Z35,OOO
: The foregoing review shows what time was
! consumed in the labor of the several Conven-
tions of this State in the completion of their
9 work, and the cost of holding each.
Tue Comittee are of the opinion. that should
7 it be deemed proper to call Convention, that
e it need not spend exceeding thirty days in the
= labor submitted to it, and that representation
. in same should be limited to one hundred
: delegates. Fixing the per diem of each
: delegates at five dollars, the Committee
:. are further of the opinion, that
= the cost of holding same would not exceed, in
, the aggregate, the sum of twenty-five thousand
. dollars This estimate includes salary and
I mileage of delegates, pay of officers of Conven-
. ton, and general printing and publishing ex-
. penses.
3 Respectfully submitted,
J. MCC MARTIN,
a-as-.---,--- Chairman House Committee.
$1 z Z: H $;s5 ss;@ House Com