liest of the business of any deliberative body
having a constituency, is that of determin-
ing who are proper representatives of that
constituency. My attention was called to
this subject by what passed yesterday, when
it was said to my great surprise that it was
a question not expedient for this Convention
to discuss; that "it might result in the
breaking up of the Convention," I think was
the language used by one gentleman. It
seems that at the earliest period, in conform-
ity with universal practice, a Committee on
Elections was appointed. Practice equally
universal requires that committee to make a
very early report. It seems from what passed
yesterday that to this hour not one word has
been heard from that committee.
I do not choose to be misunderstood in re-
gard to this order. I am not one of those
who believe that the Legislature can impose
upon this body the slightest restraint. Much
less do I believe that the Legislature can im-
pose upon the people themselves, our con-
stituency, any restriction in the selection of
those whom they choose to represent them.
Of course I have no idea that any gentleman
of this body who has received a majority of
the votes of the people of his county, or city,
cam be in any less degree entitled to a seat
from any other relation which be may have
to the State or the Federal Government, or
to any other corporate or civil institution.
My opinion is freely avowed, never con-
cealed.
My doctrine is that the Legislature have
the right to prepare all the necessary mate-
rials for the session of the Convention, They
have a right to appoint the time, place, man-
ner, &c., of holding the election. They have
the right to designate the period and the
place at which the Convention shall meet.
These are essentials. There could be no Con-
vention without the exercising of such a
power on the part of the Legislature, But
they have not one atom of power beyond
that. They can neither restrain the people
in the choice of their representatives, nor
can they restrain this body in the exercise of
its legitimate power, the power to make the
government what they please. With regard
to the people at large, it seems to me to be a
solecism to undertake to say that the Legis-
lature shall dictate to them what shall be the
qualifications of those they choose to repre-
sent them. The people, In mass, according
to every principle that underlies our govern-
ment and the government of every other State
in the United States, and the General Gov-
ernment, possess the power They are exclu-
sively and entirely sovereign and supreme.
For a delegated party to underlake to say to
this supreme power, yon shall not do this?,
and you shall not do that, is a solecism in
politics.
Again, sir, when the assembled people
choose to confer upon their representatives a |
delegation of the supreme power which they
possess, it is an idle effort upon the part of
any inferior body to undertake to limit the
power of that representation of the people.
What are we, who are assembled in this body,
sent here for? To make a government for
the people, whom we are supposed—I wish it
were the fact—to represent. Can the Legis-
lature tell us what government we shall form?
If they can tell us, in terms obligatory upon
us, of one single obligation, if they can com-
mand us in one single particular, I chal-
lenge anything like the appearance of an ar-
gument why they should not assume the
power to control us in any other particular.
They may tell us that you shall not exercise
the power of appointing a judge, except by
the mode which they choose to designate.
They can impose no such obligation upon us.
Nor can they, in my humble judgment,
tell us who shall represent the people of the
State. I have therefore, of course, not the
least idea of interfering with the rights of
any individual who sits upon this floor, I
bold it as belonging to the forms proper to be
observed in deliberative bodies in the conduct
of their business according to the forms of
propriety and regularity, that we should be
certified who are entitled to seats upon this
flour. There are other reasons which can
disqualify an individual, reasons which the
Committee on Elections is bound to inquire
into, if there be any such question raised.
There may exist other disqualifications be-
sides those of the relation which individual
members may have either to the State govern-
ment or the general government. We are
authorized to have a report, I hope I do
not express myself offensively when I say that
we ought to have been advertised long ago
of the result, upon the matter submitted to
the committee; for I do not mean to say
that the committee have been derelict so far
in not reporting. I have no purpose there-
fore of interfering with the claim of any in-
dividual to a seat in this Convention, in offer-
ing the following order:
" Ordered, That the Committee on Elec-
tions be requested to report, at as early a day
as practicable."
Mr. PURNELL. The remarks which have
fallen from the gentleman from Kent (Mr.
Chambers) impose upon me, as chairman of
the Committee on Elections, the duty of
making some explanation 'with regard to the
delay, or apparent delay, that has occurred
in making their report. At an early day
after the appointment of the committee, they
assembled in the committee room; and in
view of the importance of the subject intrusted
to them, they have had from time to time
under deliberation the various subjects which
have been presented to them, and which come
within the sphere of their duties; and per-
haps we are as well prepared now to report as
we can ever be. I am not aware that there |
