The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1883-04-25
eOpe. the SAC. can glve their assent to an alter

people. me state Can give their assent to an alter
alton Of an existing lswiul form of government:
Cl) The mode provided In the existing Constitr
lions (2) Constitutional Convention: (3) a r. vO-
iuuon. The reople are unIer an orzsl lied Coy
eTumentsno they eal not charge IL unless in an
authorizsd manner. No heresy has
ever been taught ia this country
people have Constitutional right 70 disregard
the Constitution. 1t tends 20 revolution and
snsrchy II Is Incumbent upon all who iulueuce
and mould public opinion 70 repudiste so danger
ons doctrine before 1t beans fruit destrucliye Of
republican institutions.
The Court then se IS the authority without con
hict is that LOT only must the CoustiIution BE-
amended IN the manner prescribed in the
existing Constitution, but IL is competent FOR
the Courts 20 inquire whether. in the adoption Of
me amendment, the provisions of the existing
Constitution have been observed. The voice Of
the people can only be OF legal force when ex
pressed IN the msnDer pointed cut by themselves
In their Constitution. Here the Court cites
| numerous Authorities in support of this doctrine
Inc second question raised was that the iudg-
ment OF the Ninsteenth General Assembly oa the
proceedings of the Eighteenth General Assembly
are conclusive and can not be renewed. On tins
point the Court discusses all the authorities cited
by counsel, ard say. in their opinion tie quss-
ton involved in the case at bar does not fall
within the principle laid down by such authori
ties Having disposed Of this question the CoUr.
| Shows wherein the provisions of the Constitution
relating 10 us auendmeant were not complied
with. 1t was claimed in the argument that Ger
| tain papers produced cured the defects shown ny
tue reeoros OF the Legislature. The recorc.
proceedings of the Legislature. 1. would
be a start Ing doctrine ind ed
II It should be held that the journals Of the Gen
eral Assem- by could be contTadicted by paper pro
duoed npon the street three years after aciisn
was had. by person who viii not permit his
| name to be disclosed and whom the Court is nos
permitted TO know. We might vel iremble on
| the permsneney Of our Constitution II suca pre-
eeeding could be sanctioned. Its matter Of the
have BEEN tsTIe' bro 0as the p'PS[ sh css
80 eltarly not entitled TO legal consider
alton, and which could have no other effect than
| 10 further IL flame ana excite already EXCITED
| end Inflamed public mind. II ali the obstacles
| IN the way OF sustaining the amendment already
| con1dered could be ove;e0me there ere sui
others in the way likely 70 be u1ansWerable.
In concluding the opinion the Court says
"Piseing tAe most liberal construction u.on The
DoOyisssa,,on of the Constitution under
cep1Dle, think it requires az least that entries
upon the journals shall show the terms Of TIE
| amendment submitted. This Is not shown upon
the journals either OF the Senate or House OF the
Eighteenth General Assembly. We have ap
preached and discussed this grave Question wiz
full appreciation OF the responsibilities which it
involves, and we have given 10 its consideration
| the earnest attention which its importance de-
/ nands: We have sOugn: 10 maintain the
| supremacy OF The Constitution at what
| of minorities that Constitutions are
| framed. Sometimes Constitutions must be inter
poseu I0E Tue pIOssolon OF maJo.iles even agilnhi
| themselves Constitutions areGdOpted in times OF
public repose when sober reason holds her ciLacei
| and ere designed 10 cheek the surgiug passions
times Of popular excitement; but IL Courts could
| pe coerced oy popular ajodties Into a disregard
| of their provisions Constitutions would Ostomp
| mere ropes Of sand and there would be an enl 81
social security aud Constitutional freedom. III,
/ cause OF Temperance can sustain injury frou
| the loss OF this amendment which would be at =
comparable 10 the Injury to republican instit..-
| lions which 6 violation OF the Constitution would
| rhict. That the large ana respsca-
so justly demands observance and
| enforcement CT law can not afford 10 take ia
| hIst reformation step By violation of Constitu-
| ton How csn it consistently demand Of others
| Obediease TO Constitution which 1t violates ft
self? The people can Ia 2 short time re-eDact the
| amendments. In p matter of great moral reform
| 4 few years Is nothing. The Constitution IS tire
| palladium Of republican freedom The young
| men coming forward upon the stage Of poIiticsi
| action must be educated 20 venerate il. Those
| already upon the stage must be taught 20 Obey
IL. Whatever interest may be advanced or r . \
voled down, 10 sacrilegi0us hand must be
| laid upon the Constitution. Abidingly and
| trmly convinced of the correctness of our
| former CO clusion, recognizing no superior higher
| I an the Constitution. ack uOwledging no lea g
greater than loyalty 10 iis principles AID f-ariuv
from de ELECTION ofduty, we adhere 10 aud re
| affirm the docuins already announced. The peti-
| lion for IehreIing Is overTuled.
| Er. Justice eVers although unable TO be pres
eDt at this Dnle by reason OF sickness. hes COL
suited with us upon the points involved in the
csse, and is fully in accord with US upon ali ire
| positions OF me foregoing opiGion.
| Justice eek delivered sirong dissenting opin-
ion Sdfering 70 the p0sitlOu he had previously
| assumed. IL is more lengthy than that of the
| majority OF the Court ana can Got be copied To-
night.