The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1883-01-09

rasha NM docszias. q uAIeh he Hsr4as may
claim he palunity. that To- Be ssicklen Tor fol-
lowiag covssiinfiouAl forms. a. u you please. to
Be aw abiding, y 10 make oas Hahas TO Suspicion.
while 70 b the opposite = II bsa guide whom
1t is ensirely 80" iofollou.
Now, no one denies thai shost-cut" 10 .
Convention il outside Of the Constitution. A
step 30 grave is only justified on the ground Of
it's necessity, and is supported by the argument
which the Herald advances that the people can
mot be restricted in their sovereign right To meet
"in Convention; that NO constitutional inhibi-
" lion can impair take away that right" when,
in point of fact. the people can and do tie up
their own hands in this very matter, as in Others
and, as Justice Cooley says in Constitutional
Limitations AN authority often consulted and
relied on by courts and lawyers-whcn they do
so tie up their own hands the Legislature of
State, whether in acting upon amendments or in
providing for q revision of the Constitution by
Convention, must conform their action to the
mode and manner prescribed in the instrument
which made them q Legislature, and which they
swear to support The people of twenty -three
States at least have SO tied up their own hands.
Every Constitution ever framed in Florida did
so. That of 1888, framed by "the fathers OF De-
mocracy." contained this provision; Is No Cou
"vention of the people shall be called unless by
1.-The concurrence Of two-thirds of each house of
I" the General Assembly" The Convention which
met in 1855, after the war, was much more re-
strictive and we all know the provisions of the
Constitution of 1858. which are in accordance
r;@h ID in 9th
Ii is noteworthy that, so far, Democratic Legis-
latures in this State-Democratic by majorities
of two-ihirds in each House-have adhered to
these restrictive features and provisions. The
Legislatures of 1877, 1879 and 1881 did so. The
action of that of 1881 is before the Legislature
now for final action, and, if agreed to, that will
be the end of compliance with constitutional
forms, so far as the Legislature is concerned.
The matter will then go to the people, where it
belongs The FLoRIDIAN thinks this is the
most prudent course, and that the Legislatures
OF the past did we'll to follow the law; and it
thinks, moreover that to depart now from the
precedents sci by these Legislatures may en-
danger the success of the movement and per-
haps postpone it for longer time than would
be required if the joint resolution be adopted
and the matter there left. This course would
require little over two years 10 assemble a
convention against which no objection could be
urged on the score of its being an illegal body.
1t would be regular and formal in every respect
great many Democrats have heretofore
insisted, for economic and other reasons, that
changes of the Constitution should be made by
and through the Legislature; bat there has no
.kk H. ~.
ject. The FLoRIDIAN has changed its own.
We are satisfied, the golden opportunity for
effectng changes by legislative action having
passed, that the counties having most to fear from
certain amendments will fare better in Consti-
tuional Convention than if these alterations were
attempted by the Legislature, and so viewing we
favor Convention. We have all along admit
ted that the appointing power under the Cover
nor was undemocratic, and that it could only be
excused on the ground that ii was of the great
est possible protection and benefit to important
sections OF the State known as the black belt"
and worked no material injury TO sections not so
circumstance. To take away this protection is
grave matter, though the Herald makes light of
II, and may very well excite apprehension Of the
consequences in the future to the best interests of
the imperilled sections. But the thing is appar-
emily inevitable. The demand for it cannot
longer be disregarded; and we say let it come"
and with it, we hope, will come other changes
long desired and urged by this paper, among
which we may mention the lessening in the num-
Der of Cabinet officers and the election by the
people of the rest a Limitation in the tenure of
Office "A reduction in the number of members OF
the Legislature inhibiting the holding of more
than one Office Of honor and profit by the same
person; prohibiting Federal office holders from
holding office under the State; giving the Legs
lature the power to create new counties, &c
We repeat, let Convention come," but lei it
come in such way as not TO make the move
ment liable to the charge of being revolutionary
If Convention is called regularly we believe it
will receive an overwhelming vote in its favor,
while shortcut" movement will probably
provoke bitter opposition, and perhaps be de-
feated and may besides lead to trouble The
right way of doing thing is always the speediest
and best.
If such conservative views as these make the
FLoRIDAN an "unsafe adviser" it cannot be
helped. They are in the interest of harmony
and may 60 for what they are worth. We have
no quarrel h.those who do not subscribe to
them least of all will We question their motives.