Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1901-06-22
THE CONVENTION AND THE OATH.

TIE action of the Cons.itutio uaI
Convention in laying upon the table
the molten that the delegates TO the
Constitutional Convention shall take
the oath of office as prescribed By the
present constitution has astrassed
widespread attention ard elected nc
end OF comment.
Judge b. r. WEXFORD il, an emf.
nent jurist and q Circuit Judge has al.
ready given his opinion upon the sub.
iect. He declared the position Of del.
egate to the Oonstitut. onal Conyen
sion to be an office.
1t seems that his reasons therefor
are well-iounded. The present bod :
has been convened under 9 provision
OF the present Virginia Constitution.
The Convention must then be bound
By the instrument which created IL,
and outside of it's provisions for /.
change il cannot 60.
In other words, il can "revise and
amend the Constitution, but further
than this, it cannot 60. To argue that
. Constitutional Convention is q revo-
lutionsry boly with the power to
trample under its feet all Of the states
written laws is to claim right not
given by any authority which has been
cited up IN the subject.
To 60 beyond the authority given by
the state Constitution, one must seek
for the right in the Federal Constitu-
ton or ask for the privilege from the
Congress OF the United States.
Article XII, Section 2. reads:
At he general cleo ion to be held
in the year 1888 and ia each twentieth
year thereafter, and also ct such time
ss the general assembly may By law
provide, the question, Shall there be
Q convention to revise the constitution
and amend the sameP shall be decid-
ed by The electors q laiifiee to vote for
members or the general assemb y; and
IN case mai ority OF the electors so
qualIned voting ct such election shall
decide in favor Of q convention for
aaeh purpose, the general asse mbly at
its next session shall provide by law
for the election OF delegates TO such
convention: Provided, That no amend.
ment or revision shEl be made which
shall depy or in any way impair the
right OF suffrage, or any civil or politi-
cal right as conferred by this constitu-
ton, except for causes which apply to
all persons and classes without dis-
tinction,"
II then these delegates to this con-
stisutional convention were elected
under the aforesaid provisions, they
are subject to the law under which
they were elected.
II they are subj sct to law under
which they were elected, then dele
gates 10 . constitutional convention
are as much officers as are delegates
to the legislature,
In the one case the delegate is to re-
wise and amend the state constition,
and in the other case the delegate il
only to enact laws not in cor fiiet with
the state constitution.
The State Democratic Convention in
deciding to make the call for Consti-
sutton j Convention party issue pass
ed resolution ia favor of restrie ion
OF the suffrage, by which Only Negroes
and no white men should be disfran.
chised. This was in effect to decide
that no disfranchising amendment
should be passed at all, for the state
cor s.itution, under which the Consti-
tutionAl Convention was called ex-
pressly forbids any change 10 the suf-
frAge which does not apply to all per-
soma and classes withous distinc lion
and this may be said to 60 even be-
you'd the 18Th Amendment to the Con-
stitutiCn Of the United States.
The last specified provision is as fol-
lows:
The right Of citizens OF the Unite
States to vote shall not be denied or
abridged by the United Statss or by