The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1880-02-03
CONSTITUTIONAL CONVENTION
The Report in Favor Of Calling It
70 the House of Representatives j.:

TO the House of Representatives.
The Joint Committee, on Constitutional
Convention, beg leave to make the following
report:
Three subjects of enquiry are submitted to
the Committee, 1st, Shall a Convention be
called? I'd, If called, at what time shall 1t
be held Sd, What will be the probable cost
of holding same
1st Shall a Convention be called2 1t is
unnecessary to go into a consideration Of the
various objections to the Constitution, as 1t is
generally conceded that it is radically de-
fective The principal objections to 1t are,
that it SURPRISES remedial, retormative and
progressive legislation, restricts the appIlca-
ton of experience to the improvement of the
common school system and establishes an
unwise and expensive registration scheme.
The question submitted to the Committee is,
*vllether it is necessary to call Convention
correct these defects. There is q method
provided in the Constitution itself for revls-
ing and amending same. This method p1o-
vides for submitting the proposed amendments
to the electors, through agency of the Leglsla-
ture. In compliance with this PROVISION sew
eral amendments have been already lncOrpo-
rated in the Constitution, to-wit: the amend
ments relating to the Chancery system, and
TO Biennial sessions of the Legislature;
while the section relating to public adver-
Using by loyal newspapers, has been ex-
plunged
If the objections to the Constitution were
limited to few parts, this method would an
swer every purposes but, the larger portion OF
eradicate them, would require revision OF the
whole instrument. Therefore, the method
provided in the Constitution itselfis not suited
to the purpose.
raised since the year 1874 that alarming
number of amendments has not been proposed
to the Constitution. \ careful examination of
them will show the serious objections that
exist to the same; while they prove that the
defects exist in the system. The object of leg
islation is not alone to suppress crime, provide
civil remedies and make appropriations. 1t
has higher and more beneficent purpose,
which directs it to the material development,
and internal Improvement of the State. These,
in fact, as they contribute most to general
rosperity, and the happiness of the people
should receive all the stimulus that can be
given them. If the organic law restraints
legislation in these respects, it but shackles
progress, and fails in the first end of all gov
ernments. The present organic law is open
to these objections in the highest sense; and
nothing, but Constitutional Convention can
put it in harmony with Democratic principle
and the great interest of the people.
End. If a Convention Is called, at what time
hall it be held ? There is q resolution submitted
to the committee, which proposes to refer the
whole question of Constitutional Convention
to the electors, at the next election for mem
bers of the Legislature, to vote for, or agalnsta
Convention. In the opinion of the committee
this would be unwise. If Convention is to
be held it ought to be done at the earliest prac-
ticable time. Without the least dltnculty an
third Tuesday in February next, and the Con-
vention convene on the second Tuesday IN
March. This would enable the Convention to
act, and submit the new Constitution 10 the
people, if it were deemed necessary, before the
next general election. The committee, there
fore, recommend the passage of House Bill No.
49, entitled, An act authorizing Convention
of the people of the State to form new Con-
stitution," which was referred to them for
their consideration, with amendments thereto.
In this connection the committee deem 1t
proper to allude to suggestion that IS made
by one of their members, looking to making
the action of the Convention, called, as pro-
vided for in the above entitled House Bill,
final, without reference to the people for their
ratification. Without adopting this sugges-
ton, the committee have examined authorities
on the exercise of this power with the follow
ing result, and submit the same for the
consideration of the Legislature. to-wlt:
Mr.. Cooley says, see Cooleys Constitutional
Limitations, page 81, Article ~, In accord
ance with universal practice, and from the
very necessity of the case, amendments to IN
existing Constitution entire reUisiOn Of it, m rust
be prepared and matured by some body OF
representatives chosen for the purpose. But
no body of representatives., unless specially
clothed NTH pO0er for that purpose by the people
lDhen choosing them, can rightly take dehnltiVe
action upon amendments or revisions.
1t would seem, then that Convention could
exercise this power if, at the time of the cleo
ton of delegates, the election specially clothed
them with this power. Otherwise no such
power could be assumed
Mr.. Jameson, in his work on Constitutional
Conventions, Sec. 40 ct Seq., asks this ques-
ton, and then proceeds to discuss the same,
" What disposition shall be made by the Con-
vention of the work of its hands2" The ques-
ton involves the consideration of two courses
namely: The Convention might finish its de-
alterations, and without further ado, publish
its work as the supreme law of the land; or
"It might sabmt the fruit of it to the people
for approval or disapproyal."
"Of the two courses" SAYS Mr. Jameson,
''the first is wholly inadmissable in any case
whatever, that alone excepted in chich it
should be adopted under the express du-
thOrity of IaU." 1t is the usual course, when
the Legislature calls Convention, for it to
provide for the submission of its work to the
people. This right has been questioned, and
"intimations have beeu thrown out that the
Convention could disregard the requirement
of the Legislature. In the Illinois COnven-
ton of l847 and 1862 it was commended that
the Convention was, for the purposes for
disregard all the provisions of the Act, call
ing it into existence, at its pleasure. Hence
it was concluded, that those bodies might or
mi ght not submit the result of their labors to
the people, notwithstanding the positive
injunctions,of the Legislature, as their own
views of expediency should dictate. See
Jameson, on the Constitutional Convention,
Section Ala.
The right claimed by these Conventions is
denied by Mr.. jameson. Yet he lays down
the rule, that if the Legislature, calling the
Convention, direct that their action be de-
finitive, and that it shall not require the rati
feation of the people, then, in such case, the
exercise of the power is proper. This certain
ly is in conflict with the rule laid down by |
Mr.. Cooley. For it in effect takes from the
electors the right of choice, they only having
the option of choosing delegates. Jameson, !
Section 484. However he qualities the rule
by saying: mo very serious exceptions could |
be taken on principle to act containing
such provision, provided the precaution had