Publisher's Synopsis
Excerpt from Report of the Majority of the Committee on the Constitution, 1848
Though a change in that particular would not, in the judg ment of the undersigned, alter the principle at all, yet it is worthy of remark as a matter of surprise, that, professing as does the re form party, to act upon the principle that the majority should role, they did not provide, if not that a majority of all the legal voters of the State, at least a majority of all voting at the general elec tion should vote for a convention but actually contemplate the assembling of that body upon the call of a minority.
The legislature not having the constitutional authority to em power a convention to frame a new government, br to call one for that express purpose, whence do they derive the power to legalize the election of its members? Can they pass laws regulating an election which they cannot constitutionally direct? Or can they prescribe penalties for officers, for the non-performance of duties which they are incompetent to impose?
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