Publisher's Synopsis
Excerpt from The Methods of Changing the Constitutions of the States: Especially That of Rhode Island
The Court say in their charge: This evidence we have ruled out. Courts and juries, gentlemen, do not count votes to determine whether a constitution has been adopted or a gov erner elected or not. Courts take notice, without proof offered from the bar, what the constitution is or was, and who is or was the governor of their own State. It belongs to the Legislature to exercise this high duty. It is the Legislature which, in the exercise of its delegated sovereignty, counts the votes and de clares whether a constitution be adopted or a governor elected or not, and we cannot revive or reverse their acts in this par ticular, without usurping their power. And why not? Be cause if we did so we should cease to be a mere judicial, and become a political, tribunal, with the whole sovereignty in our hand; neither the people nor the Legislature would be sover eign we should be sovereign, or you would be sovereign. Sovereignty is above courts and juries, and the creature can not sit in judgment upon its creator. The admirable statement of the principle that on this subject in this particular, if the Legislature pronounces a government to be constitutional and valid, it is not in the power of its courts to pronounce such government unconstitutional and void, was quoted in full by Mr. Webster, in his argument of the Rhode Island ease, Luther v. Borden, before the Supreme Court. That Court gave upon this point a unanimous judgment, and refer to the clear and forcible opinion of the Supreme Court of Rhode Island, in the trial of Dorr.
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