Year: 1879




Mr.. Downs said that in making this
motion he had little expectation that
it would prevail. He made it, not be-
cause he had any particular objection
to the section, not that he distrusted
the enlightened judgments of the peo-
pie in this or any other matter, but
because he considered it essential for
the rcpose and tranquility of the State,
that this vexed and exciting question
of constitutional reform should be de-
finftively settled. The people were
anxious to be relieved from the solici-
tude which they had felt for a series of
years, and at the earliest moment to
enjoy the advantages of more perfect
and better system of government-one


more adapted to their wants and feel
ings, than that provided by the consti.
tuition of 1872.


The question has been mooted,
whether this body were bound to sub
NIT the result of their labors to the an
ticipation of the people. AS far as
precedent goes, it seems clearly estab-
lished that there is no obligation to do
so, and on most occasions the formality
has been dispensed with. But what.
ever may, under ordinary cfrcumstan-
ces, be alleged in favor OF the practice,
and however much it may comport
with the respect which, as public SER
wants, we should exhibit for the will OF
the people, yet in the present instance,
if the precedent were established in
favor of reference to the source OF
power for its fat for or against our
work, there are weighty reasons why
it should not be followed, under the
peculiar circumstances which present
themselves, and which shall briefly
unfold.


again repeat that it is not from any
want of confidence in the people, nor
from the apprehension that there will
be any great contrariety of opinion as
to the merits of the constitution. lam
actuated by no such feeling. But it
must not be overlooked, that large in
terests are effected, and that these in
terests will be arrayed in direct opposi-
tion to the adoption of the constitution.
feel satisfied that, although it is not
all could have wished, yet upon the
whole it. deserves and will obtain q
large p:eponderance of the votes in the
Convention, and a large preponderauce
of the popular vote, if false Issues, and
insiduous attempts be not made to de-
feat it in detail. 1t is decided i'm
provenent, to say the least, upon the
old constitution. I have reflected ma-
tuAC4y ApCl AHo SuAJS|AJ anu 1 SI& fCE-
suaded that it would be better to carry
it into effect at once. The people have
been harrassed for years with this
question. AS one of its earliest and
most ardent friends, it may well be
presumed how anxious l am, now that
it is consummated, that we should de-
rive the benefits of which we have Il
right to expect from it, and not expose
the possession of them to the rcmotcst
accident. The very possibility that it !
might be rejected by improper and in-
direct means, and without II full cX-
preston of the voice of the people,
through any mischance, ought TO ad-
mcnish us to avoid even that risk, as
as it may be. If it were rejected,
what would be the unfortunate position
of the friends of reform: They would
be thrown back to 1887, and the people
would be dispirited, worn out and dis
Is not that risking too
And should that be the result,
would we not lay ourselves open to the
just censuro of our constituents?


So far as the people are concerned,
they never expected that we should
submit the constitution for their action.
We were elected to represent their
wishes, and if we received no positive !
our intercourse with them !
pretty plainly indicated what were the !
reforms they expected at our hands.
In the act calling the Convention, there !
is not one word indicating the neccssi-
ty for reference. But our legislative |
history is not without an example that
it was not expected, nor was it
deemed desirable that we should make
this submission. In 1913 similar
was offered in the house, to
the one before us, and rejected. We
have, therefore, not only precedent in
the constitution of 1912, authority in
the laws for converting the Convention,
but the distinct and explicit action of
the popular branch of the legislature,
a proposition for submitting
the constitution to the people when it
should be finally prepared. There is
one fact to which some attention ought
to be paid. Although number of
friends to the new constitution, here
and elsewhere, are in favor of its sub
mission to the people, there is not a
single one of its bitterest opponents
who docs not favor that course. They
arc as anxious for this reference as they
were aversc to the slightest innovation
upon the old constitution. / would beg
I,faf fri Vs- r,F, a..