The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-08-22

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aP"n n the geueral eierz1oa u lss4 -
impatient and inlsmperAls p~.auu are -
that the next Legizlaiar- SAL dizrern-i - =
visions az The present. Caussisuliau. a.s - Y.
own authority CT ConsEiluIiuunl -
Al once FEum The bexiuninx 81 ~ -
We have insisted lhal ne qnrsiiau AZ -
ConVentinu N ne regnl<r All iezaI -
entirely distinct fran IhaI e a prrm.,u,. -.
Illegal call A Couxea1ioa may BE- uecr~-.-,.-
1854, but Il here : any re4saa xhv -. -.
incur the danger of h4zly and uI-r.l -
when the matter can be regularly vuief - !.
less Than two years fEsm the ume a. IL. -
OF the next Legislature. re have never -, i.
heard thai Eeasou stated
In fsrmer editorial ne rexieues q r.u..-.
Of alleged i'reordeass published br ne E..
mia, and endeavoFed % sh0w. and ue rbiuk ~.
show, that the az : nog he Eronouai.f cl.;-.
We viii nov state briefly whAl ne hs.rur !. -.
law upon the subject We take Il rhnf tb- -.
is this: II Constitution provides a m..,ba.f y.
calling Convention flr - general usvi...u a.,
method must Be followed II Ihe Cansfauro- :.
silent on the subject The Legislziurr nav u-,-
vide method for holding such Conz-uiau.
Judge Cooley, the mssI auIhaEiiaiire A..
can Law writer on The subject. State ne -.
plainly and positively He SAYS. speaking AZ H.
amendment and revision af STATE C.,nsriiuliu,..
50 the following appear o. be settled priarinl...r
" American Constitutions law sTae I'll a. ~.
people TO this end can Only BE- expresssl m ~.
legitimate modes By which such ha.iv poli,s.
can act. and which must either he ursscra~5
BY the Constitution whose revision or amend
meni is sought. or By an acf of the lerislaiiu.
department Of the State. which alone uuula
" be authorized 10 speak tor the people upau IA.
"suhjeci. and 10 point ouf mosie f,1r tbe exnr.S-
sion Of their will IN te a5sence ~ lng l,r,ui..
for GHaeAdnenf 81 reEissoA contained n IL On
!" stifHtioH ilseIf' lSee Cooley's Consiiluiiaual
Limitations. page 40) So. on page - IL ne
same work, be expressly limits the possession a
this power by the Legislatures 10 cases uhsre
the Constitutions are silent upon The subier,.
and he saws on the same page. speaking of ne
people Of State: . By the Constitution whirk
they establish, they not only tie up The hands
" Of their official agencies but their own hauas
" as well; and neither the officers Of the Siais
"nOr the whole people as an aggregate boay. are
at liberty 10 take action in opposition 10 ihs
a. fundamental law"
So Daniel Webster, speaking Of Conssilufiaaal
principles says: " One principle j. that the peO-
"ple often limit their government. another,
that they often limit themselves. They secure
" themselves against sudden changes b. mere
"majorities The fifth article q the Coasiiiu-
" ton of the United States Is q clear prof of
this The necessity Of having Concurrence
of two-thirds Of both houses af Congress 10
propose amendments. and Of their subsequent
ratification by three fourths Of the S,AIes gives
mo cOuntenance 10 the principles 0f the Dorr
"men, because the people have chosen - 10
limit themselves Il has been said BY The 0p-
posing counsel. that the people can get together,
call themselves - many thousand and establish
whatever government they please. But Others
must have the same right We have Then
stormy South American liberty. supported By
arms to-day and crushed By arms iO-moT0w.'
So in the Michigan case. The Feople Of Mich
Ie--., g ssss TrrisssI ial Legislature
formed q Constitution for admission into the
Union, claiming that they were authorized 50 to
do under an old ordinance Of the United States
1t was commended on the other hand that they
were not 50 authorized Congress having paEer
70 legalize the action taken finally did - IN The
curative act admitting Michigan into the Uni0n
as State. but Henry Clay. as shown in Beuion's
Thirty Years in the Senate refused to vote ior
the bill on the express ground that what he con
ceived To be the Irregular action in framing that
constitution was revolutionary. So Mr.. Calhoun,
Of
viraie has sci forth the binding effect upon .
majority Of constitutional Iimitati0us. IN the
strongest language In his great For Hill speech.
he says. = Ii has been weIl said by one Of The
most sagaci0us men OF antiquity, that the OBJ
ject Of a constitution i 10 restrain the govern
=" ment as that Of laws Is to restrain individuals
The remark is correct nor is II less true where
the government is vested in a majority. than
where il is in a single or few individuals. No
50 one can have a higher respect for the maxim
that the majority ought 10 govern. than have
taken in its proper sense subject 10 the Hesirc-
" tons imposed BY the constitution, and confined
" 10 subjects in which every portion Of the cnu-
a" muniiy have similar interests: but il is great
- error tn suppose. as many do. thar the right 81
" the majority 10 govern IS q natural and Doia
" constitutional right, AMI. therefore, absoluie
" and unlimited. By nature, every individual
d" has the right 10 govern himself; and govern
4" menls, whether founded on majarifies or M
nOriiies must derive their right from the assent
4" expressed or implied of the governed, and Be
n" subject 10 such limitations as they may impose
q" Where the interests are the same. thai isWheTe
"thr laws v hich NAV benefit one viii benefit al, OF
d" the reverse il - just and prsper To place them
" under the cnnfral Of the majority; but where
" they are dissimilsr 50 THAI the law that may
" brneft one portion may be ruin0us 10 anoihef'
a il would BE- ON the contrar, unjust and absurd
4" 10 subject them Io lis will"
Tat amendments 10 the constitution WHICH
viii regard and project the interests OF al Iars
of the State. are desirable, few viii deny, but
that there Is any necessity Ior such reckless h~s's
as would risk all the dangers involved IN rev
pulmonary course when the whole matter may
be legally determined in Two years, We are IN
able 10 see and We are confident thai a large ma
jOrity Of the people Of The State do and VIII d.
approve Of a course 50 foil Of danger. They are
now on a basis II sound prosperity. and they 90
not propose 10 make any dangerous experiments
Hamilton cOunty Times. August l2l