Year: 1870




Usually convention to reform q State
constitution is called by simple act Of
the legislature ordering an election Of IT,
and the constitution which tho conven-
tion may propose is then submitted to a
direct vote Of the people. Where IL
has been deemed advisable to take vote
OF tho people on the question OF calling a
convention at ell. the expense and tou.
BILE Of voting subsequently for delegates,
in case convention is ordered, has been
avoided by taking both votes slmultane.
ously, the election Of delegates becoming
a uulli,y 10 case the people decide against
ealing q convention. But the convention
which made the existing constitution of
Missouri seems either to have detcrmened
to place as many obstacles as possible in
the way Of its thorough reform, or to
have considered our people SO remarka
bly, dull that their minds could not grasp
on one aud the same election day the
question of calling q convention and the
choice Of delegates in each district for
the contingency that the vote Of the en-.
tire state should order the con vention to
assemble.


The twelfth article of our state const,.
tuition empowers the general assembly at
any time to authorize, by law, q vote Of
the people to be taken upon the question
whether convention shall be held for the
purpose Of revising and amending" that
instrument. If at that election a major.
ity Of the votes on the question be in fa.
vor OF q convention, tho governor then
oh ICoss - H. Il a. Al
different counties, ordering the elect on
Of delegates to the convention, on
day within three months after that on
which the question Of calling q cunven
ton was voted on. These provisions
preclude any election Of delegates on the
day last mentioned, and force the people
to endure two canvassess and two cleo
tons before they can set about reforming
their organic law. In the election of q
convention each senatorial district chooses
two delegates for each senator to which
"it may then be entitled, F." and each dele
gate must have the qualifications of q
senator, which are that he shali be over
thirty years Of age, a white male citizen
of tho United States, qualified voter of
this state three years, aud an inhabitant
OF the district which he may be chosen
to represent one year next before the day
OF his election, and have paid state and
county tax. The convention will thus
consist OF sixty eight members. As the
thirty-four state senators are apportioned
among the respective districts as nearly
as may be according 70 the number Of
permanent inhabinants in each, and o new
apportionment is required to be made
according to the United States census Of
this year, a question may arise on inter
probation Of the words "then entitled :"
but, of course, equity would direct that
the delegates be elected in the districts as
formed according to that census. The
amendment adopted at the late election
removes the word white from the context
describing the qualifications of a sena.
tor: but the reqairment that he must
Ssss 'sSn sen re%as anaed Tas unes. HE "'Ss the
amendments lalely adopted are literally
interpreted to have a kind of retroactive
effect, none of the citizens. either white
or black, who become qualified voters un
der them, and perhaps also none who
have neglected TO qualify by registering
at our two last general e!ectio' 8, cao be
come delegates to Q Institutional con.
vention held next year.


The election of delegates is to be con
Quoted in conformity with the laws
regulating the election of senators, and
they are to meet at such time and place
as may be provided by law. Thus the
general assembly will have to pass some
act deciding these points. The conven
ton must name in its proposed constitu.
ton day, not less than sixty nor more
than ninety days after that on which it
shall have been adopted by that body,
for an election to be held for the accept.
ance or rejection OF the amended copsti
tuition by direct vote OF the people, and
"for that purpose only" If acce ptod by
majority Of oil tho votes polled, the
constitution goes into effect at the end of
thirty days after the election, the result
Of which IS to be made known BY pro-
clamation by the governor. To fasten
securely the straight jacket into which it
placed the people Of Missouri in the mat.
tor Of amendieg their organic law, the
convention of 1865 added to the SEQ.
ton from which We have quoted, the
proviso that "the general assembly shall
have no power, otherwise than 10 that
section specified, to authorize a conven
tion for revising and amending the con-
stituiion." The doctrine had been gen.
orally received, and on one occasion bad
been acted on by the state Of New York,
that legislature is not bound to follow
tho mode laid down in the constitution
for calling a convention to reform it !;
that the people being sovereign, any con
vention recognized by the existing state
government as embodyiug that sover
eighty, could not be questioned. This
is scarcely anything else than the "righ,
Of revolution" peaceably exercised, and
doubtless our convention Of 1865, ir the
teIief that it had done enough in the
Vav of revolution IN last tha st.to %. N