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Editorial April 14, 1849

The Organizer

Oxford, Lafayette County, Mississippi

What is this article about?

Editorial from the Houston Patriot, republished and commended, supports a convention to remodel Mississippi's constitution, citing errors in the costly judiciary system and affirming the republican right of the people to alter government, with ratification required.

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Convention to Remodel the Constitution.—We extract the following views from the Houston Patriot, and commend them to the perusal of our readers:—

"Our own opinions are already formed as to the propriety of the measure. Nor shall we hesitate to express those opinions on all proper occasions. Not with the view of thereby changing the opinions of other voters; but because we consider each voter in a community is entitled to the views of his fellow-voter to aid him in forming his own opinions. Whilst the Legislature was maturing the law in question we determined to vote for the contemplated convention. It is yet our determination to do so. How many others will do likewise is not for us to know. Reasons, sufficiently forcible to lead us to that conclusion have already presented themselves to our judgment. From the signs of the times however—from the indications of the Press of the state we have but little doubt that the convention will be defeated.

The Southern portion of the State is too fearful of the potency of North Mississippi to be willing to meet them in open convention with powers to remodel our Organic law. The south,—even under our present organization is partially shorn of her over-ruling powers; but fears are entertained in that quarter, that if a convention be called, some of their present advantages will be torn from them by the mighty populous strength of the middle and northern portion of the state.

But our reasons for favoring the convention are not founded in geographical divisions of the State. Nor can we now give those reasons at length. Suffice it to say at present, that one of the most potent of them is found in the errors and evils connected with our Judiciary system.

The people of none of our sister states are so onerously taxed. Why is this the case? We answer that the great cause is found in the enormous sum expended annually in sustaining the judiciary department of the Government. Nor are the people of Mississippi better served by this branch of their Government than the other states of the Union. Nor is the error found in a want of capacity or fidelity on the part of our officers. The error is to be found then in our system—the Organic Law of the State.

Are the errors in our system of government, and the evils necessarily resulting from those errors, of such magnitude as to justify the people in incurring the expense necessary to apply the remedy? This is the question, and the only real question at issue. No citizen of Mississippi can, consistently with the true principles of republicanism, oppose the proposed convention upon any other grounds than that of its expense. We repeat that no other objection than that of incurring the expense, can be urged against the convention, consistently with the usually received opinions of a republican form of government. That form of government recognizes in the people, the right to alter the same at pleasure. It also recognises in the people full and complete capacity or capability to the task. They are then, at all times worthy to be trusted in convention, with powers to remodel their form of government at pleasure.

But in the case in question the powers of the convention are not absolute. Should the convention remodel the constitution, or institute an entire new form of government in its stead and the one proposed will have no binding force until it shall have been ratified by a direct vote of the people.

Two objections then, and only two, can be urged against the proposed convention.—One of those objections is found in an unwillingness to trust the people at the polls in ratifying the new constitution.

We have barely hinted at the principles involved in the call of the proposed convention, as well as at our opinions in connexion therewith. We shall discuss the question at length in future. And we here take occasion to remark that our columns are open to the views of any citizen of the state when couched in respectful language. We even solicit a free discussion of the merits and demerits of the measure."

What sub-type of article is it?

Constitutional Legal Reform

What keywords are associated?

Constitutional Convention Judiciary Reform Republican Government Mississippi Constitution Organic Law State Taxation Political Fears

What entities or persons were involved?

Houston Patriot Mississippi Legislature Southern Mississippi Northern Mississippi People Of Mississippi

Editorial Details

Primary Topic

Support For Convention To Remodel Mississippi Constitution Due To Judiciary Flaws

Stance / Tone

Supportive Of Constitutional Convention, Emphasizing Republican Principles And Dismissing Objections Beyond Expense

Key Figures

Houston Patriot Mississippi Legislature Southern Mississippi Northern Mississippi People Of Mississippi

Key Arguments

Judiciary System Is Excessively Costly And Erroneous In Organic Law People Of Mississippi Are Onerously Taxed Compared To Other States Republican Government Allows People To Alter Constitution At Pleasure Only Valid Objection To Convention Is Expense Convention's Changes Require Ratification By Popular Vote Southern Fears Of Losing Power To Northern Populous Regions Errors Not Due To Officers' Capacity But Systemic Flaws

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