Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-03-21

their desire for a convention. realize
that, ia my official capacity, l am a
creature OF the constitution, and shall
not assume to be above Ry creator. No
political party is or will be to blame for
the inability Of this Assembly to call a
convention. believe, in q government
like ours, the majority must express
their consent in q constitutional way
sworn to support constitution and
interested in the permsnence of our con.
stitutional rights, am persuaded that
any Get of the Assembly upon the basis OF
the vote Of 1887 would be violation
OF its plainest provision. But
whether by the uuexceptionable
mode or by act OF Assembly,
there must be majority, what effort
has been made to prove beyond
doubt that the vote of 1887 was
majority of the legal vote2 There
were people who staid away from the
I polls because it was announced by every
Journal and speaker that our vote was
10 be against a record. We are con-
fronted with the argument that popular
sentiment is all on the side of oonstitu-
tional revision. l do not doubt it; but
that does not absolye me from my sworn
responsibility. To my mind this bill ia
an actof revolution. This is uujustifiable
revolution and shrink from the encoun.
ter. 1t is not altogether question Of
constitutional right and of law; but Of
| expectancy aad prudence. We are living
In day when the seeds Of socialism and
anarchism are being sown in the name of
liberty. This ia no time to detraot from
the permsnency of American Institutions.
Furthermore. there is o tribunal that sits
in Judgment upon our acts; one created
by the constitution for its preservation.
Think you, il this bill become law, the
/ courts would hold it to be constitutional
MIR. Whtteman spoka for half az hour and
with an eloquenos that evoked applause.
Mr.. Clark said that il he lived to be
three-scora and ten, the discussion of
today WIS something he would always
look back to. He felt glad to be legis-
lhtor when such important measures ara
to be decided.
I Referring to the promised support OF
Messrs. EcRles and Lodge, he felt highly
gratified that convention ia not to be
1 political issue in this body. 1t was
4 plain to him that the Legislature OF two
years ago, through the vote of 1887, has
given this assembly the full right to call
a convention. 1t was generally known
that there ives to be vote for calling
convention. Is II not reasonable as.
sumption that many of those who staid
at home we're in favor Of convention
Mr.. Clark proceeded quote from
speeches of Hon James A. Bsysrd in the
convention of 1852 May we not stand
on such authority as that OF the man who
was the acknowledged leader OF his
party for so many years? Mr.. CLARK
then procseded to quote from resolutions
offered by Hon B. L. Biggs in the same
convention, In which he laid stress on q
majority of 2 600 Here we have to day
majority of $4,000. Upon the three
preceding elections phase, Mr.. CLARK
wanted to know whether, it the popula-
tion OF Delaware had been reduced, by
epidemic or emigration, the people would
have their hands eternally tied?
MIR. Armstrong replied that n. B
Smithers and John III. Clayton were very
good authority that the highest vote OF
the three preceding elections must be the
standard. This was plainly settled in the
convention of 1881. 1t would also be in
bad faith toward the people to go back
now on the public understanding that
1880 votes would be required to call
convention. The inherent right OF The
peopis, when you 90 outsids of the con-
stitution, becomes revolutionary right;
and where peaceful and orderly means
is provided, resort tc revolution can
NOT be justified. To do 80 would be to
menace the permanency OF our institu-
tions. We are bound by our official OBJ
legations, by our duty to the constitution
and by our faith to the people. He
quoted from Cooley on 'duty in case of
doubt"
MIR. Biggs was physically unable to
make speech. He had hoped to see bis
way to vote for convention. He had
tried, but he couldn't flop. BE must
stick to his old principles.
MIR. Hynson had at first grave appre-
tensions as to the validity OF the step he
was about to take. After thinking the
matter over in all its phases, he had come
to the conclusion that this General As
sembly has right to call q convention;
but he had not been able to reconci lie all
the conflicting ve,biage of article 8.
The constitution is worn out and the
time has come when the people impera.
lively demand that it shall be changed.
Talking of revelation, he believed that
we are taking proper and lawful step TO.
day to avoid revolution.
Mr.. Downham rose to quote further
from Jameson on various kinds Of con-
ventions and modes of calling them.
Jameson holds that the conventions OF
1881 and 1852 were legally called; not
wi hstsnding that for the convention OF
1852 only about 8, 900 votes were called
out of possible 12,0u0 We ara now
acting under the constitution OF 1891, as
a I'M lad - AL H., A.
were never ratified by the people. And
the convention Of 1891 was not bound by
the constitution as it previously existed.
Whence did they draw the right to change
their constitution ? From the Inherent
right of the people. What right. there.
fore. had the conventions of 1891 and
1881 to set metes and bounds for the
people Of 1889? As Governor Biggs said
in the convention OF 1852, the constitu.
tion of 1881 was never ratified by the |
people and can have no life further
than the doctrine of acqlieseence |
can give. II we are bouad down
by the unexceptionable mode, having 7
no official vote of 1882, 1884 and 1856,
we must wait 10 years before we can
legally change our constitution. The
position hold is that we are not acting
under, what Mr.. Bsyard so we'll called,
"the most excsptionable" mode. Gentle
men on the other side talk OF q third
node What ia that mode take it to
be the mode on which I stand, end, If
the gentlemen favor convention, they
can stand on it too. The vote OF 1881,
beside, is Improbable for fraudulenoy.
He was told that in that year, 1900 fraud
ulent votes were east in the city of Will
mingtop. Are we to be deprived of our
right TO convention by fraudulent votes
cast dix or seven years ago? The people