Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-04-11

that I'VE arc eoDstfained by tine oDnRh- !
tions OF our official oaths, and by our
seuse of duty TO our constituents, TO re-
port and vote against Its passage
Already two provisions of the bill, con-
tinues the report, those relating to the
election of members OF the proposed con-
vention at q special instead of general
election, and by hundreds instead Of
counties, have been vigorously denounced
by eminent legal authority as clearly un-
constitutional. But it is unnecessary to
inquire into the unoonstitutionality Of
details, since there are conclusive objec.
lions to the whole bill, and indeed to the
enactment of any bill calling and provid-
ing for convention at this session.
lengthy discussion of Article TX and the
motives of Hon. John NJ. Clayton in
framing it follows.
1t is gravely doubted, the report pro-
ceeds, whether the General Assembly had
the right to authorize an election to be
held at any other time than the third
Tuesday in May. But, passing over this,
the vote cast in November, 1s87, was less
than required by the constitution. The
committee argue that such vote must be
o majority OF all qualified voters US de-
termined by the mode OF ascertainment
prescribed in Article lX. That majority
was 1850. The total vote cast for con-
vention in 1857 was Ia, 450; being 200
short of the number required. The bur-
den was upon the friends OF convention
to poll the prescribed vote in its favor.
II they failed to DO 90, convention WAS
defeated.
"when confronted by these undisputed
reasons for the rejection OF their bill by
the Senate, its advocates take refuge be-
hind pretended resolution of the joint
session. But, If this were
etfeetual, the Senate would virtually be
deprived of it's constitutional power of
independent Legislative judgment and
action by the arbitrary decree of tribu-
nal unknown TO our constitution and
existing only by statutory authority"
After quoting from Judge Jsmison, on
constitutional law and usage, the report
goes on to say that there are further OBJ
| jectlons to this bill. In addition to its
being unconstitutional in design and I'M
necessary in fact, its passage will prove
unwise in policy and unfortunate in re-
suits. II will unite opposition to con-
vention whore none now exists. 1t will
revive fears OF ultra-radical changes
which are now allayed. II will faint with
illegality the total convention and brand
with illegitimacy its offspring, and there
by in oil probability, as in 1858, prevent
its adoption by o law respecting people.
Il il next urged that, difficult as the
securing OF authority for calling o oon-
vsn,ion may seem, the ratification OF the
work of that convention will prove
task OF far greater magnitude; because
chief among its achievements must be
the reorganization of our Legislative de-
partment satisfactory representation for
Wilmington; changes in the qualifications
Of voters, in the organization of the Judi.
cisry. in the mode OF appointing county
and State officers, 10 regard to the pro-
hibition of the manufacture and sale Of
Intoxicating liquors, &c
Again, says the report farther on, why
may not the people of Wilmington say
"We spurn as an outrage and An insult
the misery allowance of four members
given In the convention by this House
bill !" and, by virtue of the inherent
right of her 60, 900 people, elect and send
delegation in full proportion to her
population, and, as this would virtually
give her control of the convention, then
and there secure her complete representa-
ton in future legislation
The report concludes as follows;
In view OF the nearly successful vote cast
at the late special election, the reasonable
presumption, as well ms the general judg-
ment of all the thoughtful and real friends
Of convention is, that the public senti-
ment is now overwhelmingly 10 favor of a
convention, and that, II this Legislature
Will again provide for the submission OF the
question to the people, 1t will receive the
requisite vote. This being the case, there
can bs no advantage, while there will be
much harm. In resortiRg to revolutionary
or doubtful modes of obtaining the convsn-
ton, when 1t may surely be secured, and
its work may probably be ratified, by
having another vote taken, and the con.
vention elected and held In a manner that
Is free from all doubt or question
as to Its oonstitutionaiity. As the
friends OF constitutional reform now
feel assured OF favorable vote OF the peo-
pie when again submitted to them, there is
much to be gained by making haste
slowly" Such a course. as opposed to the
forcing process and the rush-it-through
policy will disarm the opposition Of those
prudent citizens who have hitherto opposed
1t. 1t will give the people time to grow ae-
customed to the idea OF n change and to
secure what will be wholesome and not
ha5ty and Ill considered changes. and will
also result In a convention composed Of
safe, we'll balanced, capable members, rep
resenting all classes and interests In our
State whose work will. therefore, be the
more likely to be approved and adopted by
the people.
Believing that new and distinct bill,
drawn In accordance with these Views, and
10 strict conformity with the provisions and
necessary implications OF Article TX of the
Constitution, should Immediately be pro-
posed and enacted, and being thoroughly
convinced that the revolutionary measure
| oh ha ret6 nh hxyf
we do most earnestly recommend that 1t be
not concurred In.
The committee is composed of Messfs.
Donahoe, Collins and Moore. The latter
gentleman, on being asked tonight il he
concurred in the report, asked in un-
affected surprise "What report ?" and on
being informed that the report had been
prepared and printed, said this was news
to him and Chat his fellow members of the
bill had never consulted him in regard to
the matter.
MISCELLANEOUS NOTES.
Sussex members report from half an
Inch to two inches OF snow at their homes
this morning. Also that peach trees are
beginning to bloom in southern Sussex.
Representative Hynson thinks his De-
linquent Taxables bill has gone to sleep
in the Senate, to wake no more in this
wicked world.
So far as present information goes the
Australian Ballot bill has no Democratic
opposition 10 fear in the House. Arm
strong and Whiteman are for it, and they
make strong team when they pull to-
gether.
Dover, April 9.--The Senate at its
morning session, adopted without diD-
cussion or dissent the adverse committee
/ rennrf nn TIM Hnnaa nanraniinr, hull Ii,