|
|
|
Mr. Alvey moved to amend article 1 by inserting after
the word expedient, "provided it be done according to
prescribed forms of law. '
Mr. Alvey advocated his amendment as one the pro-
priety of which could not be questioned. It could not
be contended that the people had a right to change their
government in defiance of law, and cited the decision of
the Supreme Court in the celebrated Dorr case, in Rhode
Island, where it was held that the majority of the people
had no right to change their organic government with-
out taking due course of law.
Mr. Seyster moved as a substitute to insert after the
world expedient "according to the mode prescribed in the
constitution. "
Mr. Seyster believed in the right of this generation to
bind succeeding generations in the manner in which the
organic law should be changed by the people. He had no
idea of leaving it in the hands of this or that political
party to call a convention to form a constitution every
three or four years.
Mr. Jones said this Convention was now assembled un-
der a construction of the constitution that it was in the
power of the majority of the people to change their or-
ganic law. It was better not to attempt to restrict this
power of the people. The principle and test should be
that it could be done by any plan which met the assent of
the existing government. As to the fears of the gentle-
man from Washington (Mr. Seyster) of political parties
attempting to frame constitutions, there could be no
danger of the existing government of this State being
overthrown if the government at Washington was faith-
ful to its constitutional obligations. If the threat of cer-
tain parties to form a constitution and elect State officers
had been carried into effect, they could not meet with any
success at Washington, as the Dorr case, which had been
cited, settled a precedent which could not be overlooked.
A bill was before the last Legislature to provide pains
and penalties for such attempts, but it had not been
reached, for want of time; but there were sufficient safe-
guards now, and this was well known. He hoped the
article under discussion would not be changed. He wished
|
|
|
|
|
|
98
|
|
|
 |
