Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1845-05-24

expected, It is reasonable to suppose that
hose who are really friendly to State
Government will he disposed to avail them !,
'elves Of that mode Of procedure which
will most speedily crafty their desires.
The People ". their Servants.
The broad ground upon which we have
planted ourselves in relation to the right
md power Of the people to adopt consti-
tuition for their government as State in
such manner as may best comport with
heir convenience, or may be most accept
,ble to their wishes, seems greatly 10 have
disturbed the equanimity Of the gentry
having charge Of the federal press Of the
Territory. One Of these papers.-a jour-
nal which shall BE- nameless, but whose
vocation is known to be ribaldry and SLAM
der-is especially shocked at the ssdes-
tructius" character Of the doctrines avow-
ed BY us; and for giving expression to
them We are abused in style which must
satisfy all a. to the proficiency Of the wri-
ter in his calling. We are not disappoint-
. in this; and we scorn to retort upon our
vulgar assailant in the spirit in which we
should stand justified by the provocation.
Epiihets Of opprobrium and denunciat.on
prove nothing in controversion Of the po-
sitions we have assumed; and this being
the fact, we can afford to pass by the per-
sonalities. Tut are we not too fast in ma
king this remark? They do PROVE some
thing. They prove that the doctrines as
sailed are impregnable, and founded in
truth; and comprehending this, that those
to whom they are especially obnoxious
seek to weaken their influence BY endeav-
oring to cover with odium all who adj
vocate them before the people.
The general questions Of the competency
Of the people, in their aggregate capacity,
to do an act of sovereignty, such as the
framing Of fundamental regulations for their
government, without the previous assent
Of their legislative servants -creatures Of
their own creations one Of great latitude,
into which it is not our province at present
to enter; neither, in truth, is il pertinent
to the true question now at issue. That
question is, s'can the Legislature now in
session authorize second vote to be
taken upon the constitution which was
rejected in April last; and if it does,
and the people ratify the constitution, will
1t be the fundamental law Of the land?''
We maintain the affirmative in regard to
both divisions of the question; and the fed
eralists, true to their principles and in
stincts, assume the negative. Their doc
trine is, that the constitution having been
veted down. it is utterly impossible for the
people to accept it at any subsequent lime,
even though they should be unanimous in
their wish to do 50; and consequently, that
if adopted it would be illegal, and Of no
binding force, &c. In other words, we
hold to the doctrince that THE PEOPLE are
supreme and omnipoteut--tha in the mat
ter Of forming and adopting constitution
they are ABOVE ALL Law, except 50 far as
they may deem It expedient to, conform to
statute enactments--t to use the language
employed by Col. Benton in the Michigan
case, "the people Of any State may, at any
time, meet in convention, without law Of
their legislature, and ritho,d amy provision,
on AGAINST ANY PROVISION In THEIR con-
srrrurioS, and may alter or abolish the
Whole frame Of their government as they
please" The step proposed to be taken
in this Territory, however, it must be borne
in mind, has not this scope. The friends
Of State government ask to be permitted to
proceed in . regular and orderly manner.
A constitution has been framed by con-
vention Of delegates elected specially for
that purpose, which commends itself to
their appreciation. It stands before them
now just as 4 has stood since the day Of
its craftsmanship only the breath Of
their approval to give It vitality. II has
"scer yet had uitaliiy, for it has never been
approved Of; and hence the absurdity Of
he assumption that it Is dead, beyond the
power Of resuscitation. The people can
not comprehend how the mere fact Of hay
ing once refused to sdopt the constitution,
tethered with conditions and restrictions.
can cut them of from the right Of accept
ing that instrument at subsequent period;
and those members Of The Legislature who,
s'clethed with : little brief authority !" man
ifest DISPOSITION TO withhold from them !
privilege 50 highly prized. may expect to
b held toa severe reckoning. Party pre-
JUDGE can do much, but in this instance il
will b invoked With less success than
usual; for we know manyinielligsnt whie,
who scout the doctrines which their news
paper organs are - Satisfactorily engaged