The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1882-05-31


electors shall ratify the same, such amend |
ms Mt or amendments shall become part of |
this Constitution"
Mr.. Ovens substitute with some slight |
changes in phraseology was adopted by a
vote of twenty-eieht to forty weight, and now |
constitutes the first section of the sixteenth |
article of our State Constitution.
Thus it is seen that our present State |
Constitution provides for its own amend |
ment and specifically points out the way in
in which il shall be DONE Either House of
the General Assembly may at any time pro- |
pose an amendment provided there is no
other amendment pending.) and if agreed |
10 by majority OF the members elected tn |
each House, it shall be referred TO the next
General Assembly TO be elected
at the next general election, and II
agreed to by that General Assembly
| in like manner as it was agreed to by the
| former General Assembly, il shall be sub
mitted to the people for their adoption or
rejection. 1t is plain to be seen from the
| language of the Constitution that q duty is
| imposed upon the electors as soon as the
General Assembly has proposed an amend
ment TO the Constitution. That duty is to
examine the proposed amendment, to dis
cuss it, to ascertain as far as possible whether
/ it is practical and useful, and TO elect Sena
tors and Representatives who will reflect the
popular will concerning it. Why was 1t
| that the Constitution was made to provide
that there should be an intervening election
| of Senators and Representatives, before the
General Assembly should finally submit the
proposed amendment to the electors, if it
was not that the electors should have an OPP
portunity of considering the same in con-
| nection with the election of Senators and
| Representatives, before they should be final
| ly charged with the burden of an election,
and the duty of voting directly upon the
proposed amendment?
But it may be said if this b. so, why the
necessity of having an election by the people
TO RATIFY THE AMENDMENT
let the second General Assembly promui-
gate il at once, as a part of the Constitution,
il public opinion has approved it by the
election of Senators and Representatives
who favor it? The answer Is, that in all
Republican Governments the people are so
jealous respecting the preservation OF their
rights and liberties, that they will not dele
gate the power of making Constitutions for
their government to any one. They perform
that duty themselves. The people CT this
State reserved the right to finally vote upon
all proposed amendments to their State Con-
stitution, as their final safeguard in case the
General Assembly should either coTruptly
; or by mistake fail to reflect their will as
} expressed al the preceding election. Again.
the Convention of 1850 recognized the fact
that the organic law should be stable, and
not unnlindful of tie necessity of providing
, a way for future changes in the Constitu-
ton without the labor and expense of q
+ Convention, and the present plan was
l agreed upon as being sufficient to secure
: stability for the Constitution, because the
: public Judgment would have to be twice
pronounced in favor of the change before il
:. would occur, and at the same time safe
!. and convenient mode was provided for max
. ing the change when required, without
! the burden of Convention. And further
e the Constitution of 1916 made no pro
8 vision that amendments to 1t. or change
n made in il by q Convention, should be sub
. mitted to the people for ratification /
y gave the Convention absolute power Owe
y that subject by providing:
A And which Convention, when met. shall
r have il in their power to revise, amend, %
;, change the Constitution"
s THE coxvENTIsS OF 1850
q believed that taore was the same necessit
ior Eus- Lenpie NUtius upon the adoption q
4 an nEceudnierr T. r,. Constitution that ther
Il was tor th.ir v1rin" upon the adoption o
p the original Constitution Hence the Pre-
~ vision requiring all amendments TO be final
e submitted TO a vote Vi tiie Fe6p!e.
b. Wulie ih;s subject was under consider
) aJi.n by lie Convention Of 1850 Robert DdI
OF Owen. the author of the provisions concerr
Z log amendments Ia she present Constitution
" said:
ID 1--WE adopted a section yesterday, which
think very good one, on the motion {
~ the gentleman from Monroe. on my righ
(Mr Read) which provides that a law shal
rs not be submitted to the people, but that tn
n Legislature shall take the responsibility {
lg their own acts. But in the organic law IL
ch very different matter. We DO not propoS
that the organic law shall be in III
rs power of the Legislature Now, thinl
n Il it be made Imperative that all amend
n ment proposed to be made in the Constitl
H. ton shall be voted for by two SUGGEST,
he Legislatures to be elected with reference
IS that particular subject. the question will
n; debated before the people and they will ser
all Senators and Representatives here with
re- special reference TO that question. This
he appears to me will be a sufficient gual
es- against improper and ill-adyised amen
re- ments, without restricting the action OF Il
-u- Legislature to periods of ten years"
Mr. Ovens views were cOncurred in by
he large majority OF the delegates OF the Co
10 yention.
arS AS the labors OF the Convention we
be drawing to a close, a Committee consistll
to of ten members of the Convention was q
OF pointed to prepare an address to the peopl
nd in which the main features of the Constit
Tor ton were to be set forth. The Commit
ly, performed that duty, and the address,
for speaking of the plan proposed for amendll
IN; the Constitution, said:
nd Amendments to the Constitution may
gi- proposed in the Senate or House OF Rep
ok sentatives II passed by majority of {
the members elected to either bran
ed they are referred to the next regul
session of the Legislature, TO
his held two wears thereafter. If passed
her them a second time, they are then at
the next general election to be submitted to t
all people, and if they pass this final ord'
.wo they become part of the Constitution.
or this way, there will always occur a gene
ext election of members of the Legislatu
Isll during the canvass for which the amer
Ous ments that may have been proposed at I
for previous session can be brought in ISL
les; and nearly three years must intervene FRI
the the time an amendment is first proposed
ma fore il can finally be adopted"
'cn THE TRUE RULE
,ts IS that whenever large number of peo
me OF the State petition the Legislature 70 p
lac- pose an amendment TO the Constitution,
,cb Legislature i'm the first instance ought
by propose il, in order that public attent
rof- may be drawn TO it, and its merits or
the merits be considered, and after be
nch proposed in the first instance, it sbo
1eli be disposed OF in the manner pointed
$40 by the Constitution and in accordance W
~ the spirit and ntention.of the CONSTITUTE
ucb Ii the submission of these pending |
; or posed amendments is in any sense to
ase- made party question the party that sta
nj by the method provided by the Constitut
- for thoir suhnaiSSiDn and accents the d