The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-08-06
LETTERS FROM THE PEOPLE.
The Constitutloual Convention.

The Republican State convention declared in
favor of convention to alter and amend the
State Constitution. The Democratic State con
yention pronounced against such convention and
purposes. During the past two years you have
forcibiy and logically shown the need of such re-
vision. Quere: On these simple affirmative or
negative declarations, will such convention ever
be reached9
Simply electing either ticket viii not accom-
plish the end sought.
Permit me- in this formal manner, to answer
certain questions and offer suggestion in the
following
am aware that with a great number, the
Legislature is thought to be omnipotent. The
careful reading of our Constitution will bring
the mind of the reader in close sympathy and ae
cord with Chief Justice Black, who, in the case
of Sharpless vs.. The Mayor III Penn, LAT;
l62, Supreme Court of Pennsylvania, said:
THE Constitution has given us list of the
things which the Legislature may not do. If
we extend that list we alter the instrument we
become ourselves the aggressors, and violate
both the letter and the spirit of the organic law
as grossly as the Legislature possibly could. If
we can add to the reserved rights of the people,
we can take them away. If we can mend we
can mar. If we can remove the landmarks
which we find established we can obliterate
them. Ii we can change the Constitution IN any
particular, there is nothing but our own will to
prevent us from demolishing it entirely. The
great powers given to the Legislature are liable
I larger mowers 70 the J,eo;sgatnre and relied for
the faithful execution of them on the wisdom
and honesty of that department., and on the di
rect accountability of the members to their con
ltituentsn
The peonle of Indiana have never vet asked
Tor the amendment, alteration or revision Of our
present Constitution, and the instrumentality of
convention. True, amendments have been
never asked for these amendments. The Legis-
latrre simply exercised, al partienlar instances
its constitutional right to nronose s11eh TO the
people. 81 49,
There are tyyo, methods nrovided in the Consti-
tuition Of the United States for its amendments
The Hrst by two-thirds of both Houses the
second on the Application of the Lecislatl1res of
two-thirds Of the several States: in which
latter case CONGRESS- shah call 4 convention for
proposing Amendments. In the first method
amendments 80 nronosed become valid as mart of
the Constitution when ratified by the Legisla-
lures of three fourths of the several States In
the second method. when adopted in CON
yentions in and Of three-fourths Of the
States This article. s embraces all
power and every right necessary to effect any
change in the Constitution Of the United States
Article O. in amendments thereto. neither by
implication nor express words or meaning d.
rects or affords any other method since the res
crvation Of power In the people is not disparaeed
or denied in either one Of the two forms In arti
In our State Constitution restrictions are
placed upon legislative power, with scarcely any
limitations so far as enactment of laws is con.
cetned; but in the exercise Of what might be
called sovereignty, the trainers Of that instru-
nent wisely set it before the people, whose votes
Of approval were simply establishing it as the
OBSERVATION-DISCLOSURES oreanic-law. with q res
ervation to themselves as an inherent power
which was ever to be their privilege to exercise
without the aid of law or the interference of
their delegated power 1t is a true and trite
saving that there is power behind
the Constitution-the people s'We declare
that all power Is Inherent in the
people and that all free governments are and
Of RIGHT ought to be founded On their a1lthoritr
and instituted for their peaee. safety and we'll
being. For the advancement of these ends the
people have at all times an indefeasable right to
alter and reform their governments y Section
Bill Of RIGHTS
Would e NOT he follv to exneet to find in the
instrument itself after such i declaration anvs
language that would abridge or take away this
nI1tboritv2 tn 80 then tbare would he No ;;,,har
MT mower with Tie naonIa and this raearvation
to them is neaninosessf
The three branches constituted Nv tba ,aonla
in forming their State government can only ex-
orcisa thar several f,re@ina sss i, +h;s fsonst;
tntion eypresslv nroyided .
n is nynvidad inter ALA thai +ba T,ooisIa t,,ra
NAV nrenare amen roent % tsis cons3ifnt;or
buf the mower to call = convention n, ssatep and
raforrnr that Conet;t, +;o,, IL -,o1,,haro ;,
If. nor can II be assumed bv im55iica.
tion The General Assembly NAV eTercSsa
s.supreme and SOVEREIGN leeislatiye powerS
sssubiect to no restrictions exeept those imposed
nv our own ConstitI,tion' . A GRANT Of snecial
limited powers does NOT imply a negative Of ali
others-if thew n,av be n,,reiv laoisiatiya Tue
fullest newer in I,egisl9trra is to saw what the
law shall be. What The Law Isl or has been Is
for the judiciary 10 declare ~ eN+' =
"A Iegislature has no igherent nover that ev
lists alone IN fhe cyeative fayceof eovarn,,aant
the neonla For Teo;slatnya theefora ~
sert tsueh prerogafive would hardly ba consist
ent since Nv so doing the Iesser and dar;yit;va
noy1er vVoud absorh and e,rt;n o,,,ish tbs
and creative noyrer - - eS'''A-
The 3fst section of our Bill of Riebts emnow-
orc the neonle ~ .s;nstr,,ct ths;y
chosen to 1eoislate for the comnoon ooaJ 70
make abroca9e chance and TaodifS1 laSgs s.,ot