The free lance. (Fredericksburg, Va.) 1885-1926, 1901-03-07
Communicated
THE CONSTITUTIONAL CONVENTION
The Subject Ably Discussed by Judge
Afh on.


be- aspiring to the Goycrnorship. Toe
much was said about it in the Norfolk
Convention and iar more too much by
the Legislature in extra session just
adjourncd-unlcss what was said had
been more to the point, and thus given
the people, who are 10 be the creators OF
that Convention, more enlightenment
upon the most vital and important ques-
tions which have come before them for
their consideration since the dark days
OF reconstruction.
The writer was a member OF the Nor
folk Convention aud that body yimpliedly
at least. pledged the Democraticparty to
submission oi the Constitution as
framed to the people for ratification or
rejection. 1t is now urged by many
newspapers and lay-writers that that
Convention could not bind the COnstitu-
tional Convention, which will be clothed
with absolute powers.
admit the naked legal proposition,
but deny both the logical and moral
right Oi the constitutional Convention,
il composed Of majority Of Democrats
as no doubt it will be-to go behind that
declaration To which the Democratic
party-those representatives were fresh
from the people-was then and there
committed.
The power oi the Constitutional Con
yention To frame Constitution and de
clare it to be- the fundamental law Of the
state without submission To the people,
I will not discuss.
In am able article by Mr.. J. W. John
son. of Alexandria, lawyer learned in
Constitutional law, recently published in
the Alexandria Gazette, Art. MI OF our
present Constitution is discussed. and he
reaches the conclusion, which ! neither
affirm nor deny. that it is the implied
duty OF the constitutional Convention
10 submit it's work To the vote oi the
people. Whether right or wrong in his
Constitutional views. my opinion is the
Democratic party stands pledged to a
submission.
| don't believe a motion 20 call Con
stitutional Convention could have been
carried at Norfolk without IN implied
promise of submission ofthe Constitution
to the people
It is well known that the people still
have this question under their controlby
requiring the necessary pledges OF their
delegates
After the Norfolk Convention the Legis-
lature. pursuant to See ,, Art. MI Of the
Constitution, submitted to the people
the question: Shall there be n Conven-
tion to revise the Constitution and amend
the same?" The people OF the State at
the polls replied in the affirmative.
Then the same Legislature was called
in extra session to provide by law for
the election of delegates to such Conyen-
ton See. ,, Art. XII, Constitution Of
yirgina-and for this only.
Instead of adhering strictly to their
Constitutional duty, many members
some of whom are mentioned now as
possible delegates to the Convention
first, to restrict the right to
vote for delegates; second, to dictate
who should be eligible as members
third. to prohibit the Convention from
its action to n vote OF the
people: fourth. to say who should vote
upon the adoption or rejection OF the
il it was submitted. The
movers and advocates of these several
seemed to forget we had
any Constitution now at all, and believe
the Legislature to he supreme.
They seemed to forget that they were
the creatures oiour present Constitution,
to which every one OF theforcgoing prop
ositions is obnoxious.
1t il not necessary here to discuss these
questions further than to
say that until n new Constitution Is
framed and adopted, we live under the
present. and our Legislature, which IL
its creature. is as much bound by it as
the humbIest citizen, howeyerpotent aud
august it may conceive itself to be.
Senator McIIwaine, of Petersburg,
voiced the views OF every constitutional
lawver in Virginia when he said the Con
stitution to be is inchoate, and until
adopted we are all bound by the provis-
ions of the present one This seemed
fortunately to put a quietus upon the
would-be Constitution makers before they
get upon the floor of the Constitutional
Convention. II when they get there they
eyince no more knowledge Of COnstitu-
tional law than they did in the Legisla-
tive halls. and succeed in carrying out
their views, | think it would have been
better for the people of Virginia to 'bear
the ills they have than fly to those they
know not Of" As loyal Virginian
believe in obedience to her Constitution
as it is writ " until we get a better one.
The Convention has been called to bet
ter the condition of the people.
First. To relieve them as far as pos
sibIe from onerous taxation by reduction
of both State and county expenses.
Secondly, To consider the question OF
frage.
Thirdly. To consider the question Of
public. or, as better understood, Tree
education. in which is involved the ap-
plication of the public school funds be-
tween the white and black population
-and many Others.
These are grave questions-not to be
lightly consideration the result must