The free lance. (Fredericksburg, Va.) 1885-1926, 1902-06-03
The New Constitution.

The most important questions the Vir-
ginia Convention was called upon to de
eide were the suffrage clause and whether
the new constitution should be submit
ted To the people for ratification or re-
iection. II was feared that il it were
submitted to the electorate under the
present nderwood Constitution 10 vote
it would surely be defeated by the efforts
of those who might lose their franchise
under the new instrument IL was be
lieved that the solid Republican vote
would be against ratification and that
the entire influence Of all the railroad cor.
pOrations in the State would also be ar
rayed against ratification. IL seems.
therefore. that it was Cor the convention
TO decide whether it should proclaim the
constitution or see it defeated and all it's
work in framing it go for nothing. 1t
was at one time proposed to submit the
new constitution to the vote of those
persons who would be qualified under it's
provisions to vote. but this was dis
missed. The convention was hampered
10y n clause in the Democratic platform
of 1900 out of which the constitutional
convention arose
That clause il as follows:
1T is the sense Of this convention that
in framing new constitution no effort
should be made 10 disiranchise anv citi.
zen of Virginia who had right to vote
prior TO 1861, nor the descendant of any
such person. and that when such consti
tuition shall have been framed il shall be
submitted ro the vote of the people for
ratification or rejection, and the Demo
cratic party pledges that the expenses
incident to the constitutional convention
shall be kept down to the lowest possi-
bic figure"
Many Of the members of the constitu-
tional convention were members of the
Democratic convention which adopted
this platform. But Mr. Carter Glass, the
author of the platform of 1900. who is
a leading member OF the constitutional
convention. in "A speech in Norfolk de-
clared that it never was the intention to
pledge a submission of the constitution
10 IN" negro NorcrS
discussion of the right Of the con
vention To declare the constitution
adopted without submitting it To the
people occupied some considerable time
in the convention. Last August ex-Gov-
ernor Cameron made powerful speech
sustaining the theory that the conven-
tion has ample power to proclaim and .
he had abundant precedents to sustain 4
him. The American theory of govern /
ment is that sovereignty is with the peo-
pie and is not delegated to the Legisla- /
tures, and the only delegation of this SOW /
ereign power is when the people elect a
convention to form "A new fundamental
law. Governor Cameron's contention
sovereignty of the people is omnipotent.
On the other hand, il was contended by
some members OF the convention that
the body is subject to the act OF the Leg
islature which called it and that it was
under the limitations of that net that
the members of the convention We're
elected. That law provides for the sub /
mission OF the constitution when formu- /
lated for adoption or rejection, and it /
was contended that the convention was
bound to obey the law under which it I
was created. One OF the members-NIr. 1
BraXton, of Staunton-drew a distinc- 4
tion between such conventions as the /
present and that which promulgated the /
constitution of lT76. The latter he /
styled a revolutionary convention, which .
assembled to create a government out of
chaos. The present or "Uunderwood" /
constitution of Virginia was made effec-
tive in one important particular before I
its ratification. 1t conferred upon ne
groes the right to vote for or against its /
adoption, the right to vote not having I
previously been possessed by them. The /
Maryland convention of 1864 prescribed /
that on the ratification of the constitu- /
ton the judges of election should receive 1
''the votes only OF such electors as are
qualified according to the provisions OF
this constitution" The MARYLAND con-
stitution of 1875, like that Of the same
year in Virginia, was promulgated with !
out submission. The convention not
only did this, but assumed the power to
appoint representatives in the Continen-
tai Congress to serve until their success
sors could be elected by the people.
The present constitution OF Delaware,
formulated in 1897, was ordained to 90
into effect by the convention without
submission to the people, and the author
ity OF the convention to do so does not
seemed to have been questioned. except
by one Of its members. At all events the
constitution so promulgated is the law
of the State.