The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-27

!
| articles of confederation were tn,
! constitution OF the United States un.
uer winch the convention of lTS7 was
| elected That convention refused &c
| be bound by the limitation which thai
constitution imposed upon its action
! set 1t aside and declared that the new
Constitution should be operative. wher
thirteen States. provided by Article
| NIL, above quoted but by conven,
tons of the people of nine states
That the convention of 1857 was Elk.
! ceedinS the powers deputed to II by
the authority under which II was elect,
| cd was a fact not only recognized by
the people, but avowed and defende ed
| by the makers OF our Constitution
FED, y. 313. Ed. 1871 MIR Madison. de-
tending the convention against the
| charge of exceeding its powers. saws
In one particular, It is admitted that
the convention have departed from the
tenor of their commission Instead
OF reporting a plan requiring the con
hrma ton of all the States. they have
| reported plan which is to be con
hrined. and may be carried into effect
by nine States only"
This precedent establishes the posi-
ton that the people of the United
states, when assembled in convention
u
| sututlon are not bound by limitations
| imposed upon their delegates. by the
Constitution. under which they were
erected but may proceed to adopt Z.
new Constitution, and submit IL for
ratincaton in manner. different
from that prescribed in the former
constitution. For example, Article Y
OF our Constitution provides that
! amendments shall he valid. when rati-
II -
iourths OF the States. or by conven-
tons In three-fourths thereof But a
convention. following the precedent set
ny that of 1851, may declare its new
Constitution to be valid when ratified
nS the Legislatures of majority. or
by conventions held in majority of
me states; or by conventions held in
states containing -fourths of the
population of the United States Per.
haps. indeed. they would NOT suhr,i, =,
Tor ranhcation, but declare IL opera q.
tive
There are indeed many strik,ne
, historical precedents in favor of nut
tins new Constitution or government
IN operation without ratification For
instance. take the only other prece-
cent In the history OF the United
states The Congress of l7I6 was a
convention of the people II framed a
new government. and promptly nut il
INTO operation without submission to
ene people or States 1or ratification.
See Cooley on Const Lin. = Ed n
In 1860 a convention assembled IN
England completely changed the gov
eminent. and asked no ratification nv
the people, or otherwise
again In 1853 convention was sum
moned by William, Prince of Orange
which proceeded to change the Con
sutution without asking the assent
of any one
In 1871 the Constituent Assembly Of
france adopted a Constitution. when
abolished royalty. the PRIVILEGES of the
nonies' and completely revolutionized
the government. and promulgated II
Inc national convention of France
IN 1923 adopted another Constitution
and did not submit IT for ratification
without ratification
oniy six years ago the convention
OF tne state of Virginia adopted a new
construction. which was promulgate ted
as the Constitution of the state with
out ratification The previous Constr.
tuition OF that State. adopted in 1869
ana approved by the vote OF the neo
pie provided, as follows. in the article
concerning amendments or reyiewe
PROVIDED that no revision or mend
ment shall be made which shall deny
or IN any way impair the right Of
Suffrage. or any civil or political right
aS conferred by this Constitution. ex-
cert for causes which apply TO all per
sons and classes without distinction >"
rms proviso was. of course. intended
Tor the protection of the NEGROES In
their civil and political rights. and
the equal right of suffrage, then for
the FIRST time conferred on the colore1
people in Virginia
The Virginia convention totally
changed the basis OF suffrage. paying
ii''ie or no regard 10 the foregoing
provisions or limitations
After adopting a Constitution tbev
proceeded to promulEate and put it in
iorce without submission or ratifca
non, and their action was sustained
pF the supreme Court of Appeals. in
Iaylor's case. Virginia Reports
the prevailing doctrine in this
state seems to be that one generation
or the people of one century. cannot
ONO me people OF another generation
or century by Constitution or legisIa
ton any longer than until convan-
lion is lawfully assembled 10 change
me government and that when such
convention is assembled. its xowers
are not limited by the provisions OF tho
former Constitutions This doctrine
IS confirmed by the only convention
Nhl'h IN Inc United states ever sub.
/ mitted new Constitution for ratih
cation by popular vote
The convention of 17S7 as I b.vo
shown refused to recognize the Iini.
'dtions as to ratifcation. imposed IN
on IT. by article XIII OF the Articles OF
confederation. which required the con
hrmation Of the Legislatures of every
state That convention decided that
me new Constitution should be sub
/ mitted 10 the people, and when ratifed
ny the people of nine states. /, snonll
oe effective tsee Mr. Madison's letter,
Many State Constitutions have in
/ this country been adopted by conyen.
! ions and put into operation. without
ld'llcatl9n 10 the number Of ffty
| tons ' O"'Neh-
Would It no, indeed. seem to he =
li'le absurd II the ! 900. 600 peorla
. living in TINS country in l7s7. could Nv