The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-06-27

g. Angustins weekly, February Ia
A Constitutional CeaxeasIsa.
There ID much discussion in the newspapers Of
the State of the subject of calling Cunstiiu-
iional Convention. A large majority Of those
who write In favor Of Convention. advocate
an expeditions method Of calling il tngetheF
Some desire the next Legislature 70 order an i'm
mediate election 10 determine whether Conven-
ton shall convene, while others insist that the
Legislature itself shall call Convention
The method provided by the present Consliiu-
ton il, briefly, that two successive Legislatures
pass q resolution for holding Convention. and
that the people vote on the subject at the next
general election of members of the Legislature
thereafter. The last Legislature passed such q
resolution; the next Legislature may pass il, and
the people vote thereon in 1884 We have in
sisted heretofore rs we do now, that the question
whether or not 1t may be expedeni TO can . Con-
vention in 1884, is wholly distinct from that Of
q premature and illegal call.
The real question now forced upon ne by the
extremists, Is whether the next Legislature shall
disregard the requirements of the present Con-
siitution, and call Convention Immediately, in
such manner as that body shall see IT. The ia
vorite phrase is that the people can call q
sovereignty" Convention at any time and in
any manner. There Is danger iR these giittering
generalities; let us see exactly what they mean,
and whittier they lead If II is meant that mere
majority of the citizens o. this State legally
do away with the present Constitution, without
regard TO its provisions for Constitutional revis
ion, and can in like manner make a new Consti-
tuition, the doctrine is both false and dangerous.
1t Is the higher law" doctrine of Republican
ism, and has no countenance of law, nor of true
Democracy.
When the people of State once establish
Constitution, in the language Of Judge Cooley,
the leading American law writer on the subject,
they not only tie up the hands of their official
agencies, but their own hands as well; and
neither the officers Of the State nor the whole people
as an aggregate body are at liberty to take action
in opposition to this fundamental law"
However distasteful TO US the origin Of the
present Constitution may be, il is now The law
of the land, and cannot be violated without dan
gerous consequences The people, for the exer-
else of governmental functions, are, in the eye
of the law, the qualified electors of the Slate,
and their will can only be expressed in the legit
innate modes provided by law. If a people
arise and overthrow their existing government,
regardless of forms of law, that Is revolution, with
which ordinary municipal law has nothing to do.
A revolution may be justiiable, or otherwise, in
morals according to the circumstances of the
particular case. 1t has no law but force II il
is able to maintain itself and enforce obedience,
it creates a de factO government, which, with
time and general acquiescence, may become de
jure. II, then, certain of the citizens of this
State form revolutionary Constitution, and all
the officers of the State, executive and judicial,
find il consistent with their oaths to surrender
their respective offices and all the inhabitants of
the State shall acquiesce in the change and yield
obedience TO the new government, such Con-
stitution may be made operative. But suppose
that any officials do not perceive it to be their
duty to deliver up those things which have been
entrusted TO them to persons of whose right to
demand them they are not satisfied. Suppose
large portion of the people OF the State, (the Re
publican party for instance,) refuse TO recognize
the new government, what then ? This is not
new experiment. 1t was tried some years ago
in Rhode Island. There, a Constitution was re-
gardless of the existing Constitution, drawn,
voted upon, and the vote declared by its adhe-
rents to be in its favor. Officers were elected
under it, and an attempt made to take possession
of the government, but the Governor of the
State called out the militia, dispersed the new
Constituencies, and arrested their Governor,
Mr.. Dorr, who was tried, convicted and sent TO
the States prison. We never expect to witness
anythi ng of the kind in Florida, for many reas
ons, one of which is that the people of this State
have too much good common sense to involve
themselves in any such complications. We are
unable to see any necessity for such desperate
haste; it cannot be for economical reasons, for
whatever the ultimate effect of Convention
might be, its immediate effect, from the extraor
binary expenses necessarily to be incurred, would
certainly be to keep up high taxes We believe
that otherwise the State taxes will be greatly re-
duced in the next three years
We are firm in our conviction that now, when
the State is entering upon career of such pros
perity that few realize how great will be her de-
velopment in the near future il is time to run
away with wild theories. 1t would be blunder
too great TO be excusable.