The leader. [volume] (Brookhaven, Miss.) 1895-1905, 1902-10-29
JUDGE CAMPBELL's OPINION.

|
In answer to inquiries Judge j.
A. p. Campbell, formerly chief
| justice of the supreme bench OF
Mississippi, lately addressed a
communication to the Clarion Led.
ger strongly condemning the pro
posed amendment No. 2 to the
constitution of Mississippi. This
amendment is to be voted on al
the coming election for congress.
men in this State. It proposes
to change the. method of amending
the constitution in several very
radical particulars, and to make
it almost as easy to amend the
constitution as it now is to pass
a proposed amendment through
the Legislature.
Judge Campbell strongly op-
poses the amendment. The fol
lowing is his communication on
the subject:
Asked for my views by you
and others on the proposed amend
ment of section 273 of our consti-
tuition, l furnish the following:
| think all should agree that the
constitution ought not be too easily
changed, and certainly not with
out strict compliance with it's pro
vision for amendment. Some con
situations can be amended only by
a convention representing the SOW
ereignty of the people. Ours
provides for its amendment by a
proposal adopted by two-thirds of
each house Of the Legislature, by
vote in each, on three different
days, duly advertised and voted
for by a majority of all the quail
fed electors voting at the cleo
ton, and inserted as part of the
constitution by the next succeed
ing Legislature, and a majority of
all electors voting at the election,
whether voting on the proposal or
not, to amend the constitution in
any respect.
The proposal of amendment No.
2, to be voted on the 4th of No
vember, is that, instead of ma
jority of those voting at the cleo
ton, a majority of those voting
on the proposed amendment shall
be sufficient, even though 100000
should vote at the election and
only 5000 should vote on the
amendment, and without waiting
for the election of another legis-
lature, the legislature which pro
posed it, shall insert it as part of
the constitutions; and the decis-
ion of the Legislature shall be f.
nal" No matter how erroneous,
the decision of the Legislature
shall be final, thus arming one de-
partment of the government with
the dangerous power to irrevoca-
bly, determine as to amending
the constitution.
1t is not even impossible that
under the proposed amendment a
small minority of the electors
would cause the adoption of an
amendment, because many elect
ors voting at an election for off
GERS do not vote on proposed
amendments, not caring about
them, and not informing them
selves so as to vote understanding
ly and therefore not voting on
them.
But, if the people are willing
to make amending the constitu-
ton so easy as to be made by one
Legislature and a small number
of the electors of the State, are
they willing to deny themselves
the right to inquire through their
judicial tribunals, if the constitu-
ton was changed in the mode it
prescribes?" The courts repre-
sent the people, speak their voice
and pronounce their Judgment.
They exist by and for them as the
best known continuance finally to
decide controversies.
Shall our tribunals of Justice
be denied the right, in a contro-
versy involving the question to
decide whether the mandate of
the constitution as to how it may
be lawfully changed, has been OBJ
served? The life, the liberty and
the property of the citizens, for
the conservation Of which the
constitution exists, is subject to
the disposal of the courts, but
the question, whether that sacred
instrument has been lawfully
changed by one department of
the government, shall not, accord
ing to the proposed amendment,
be considered by our courts, and,
shall be accepted conclusively
and beyond inquiry, as one Legis-
lature oand small number of vot-
ers have decreed! Surely the So
Der judgment of the electors will
not approve this. If so, it were
we'll to abolish the constitution,
and avoid many possible evils.