, 1854-05-06


N Ih- cgnnn-eur, II. a IL jpnIs So,r, =
nod good rn-ugh IN Ms Il, but one that
Congress has not provided for. Now, sir.
all these persons might be the real friends OF
the measure-might really desire law pro
hbitng all sala OF liquor, but would vote
against this bill, because Of these particular
aturrs Of the hill. thiuk 1, best 10 ascer
tain fist whether the paople want a law Of
the kIul, and after ascerlanIng this fact,
aud the whole matter being fully discussed,
the legislature can prepare the law 50 as to
meet ihr wishes Of the people, after learn.
ing what they are, better than we who know
nothing about them. II has ben asserted
that these amendments We're offered 10 kill
the bill. Now, sir, it would be Just as char
table for me TO arcus, the pretended lri,a1s
of the bill, with an intention Of breaking II
down, by loading i, with these objctiona
bic features | assure you have no such
intention, nor am ! tenacious Of this par,ic
ular amendment, but will agree 10 any
mode by which this matter can be brought
fairly b tore the people; and as to submit
ing the law 10 the people, il is not for us to
say that il is proper 10 refer 4 law 10 tn
proplr, or that it is improp2r; but ii is 70
us 10 inquire whether Congress has prescrib
ed this mode 0i enacting laws. We have
no powers of legislation derived from the
people. Whatever powers We have are
given in the Organic Act, Of which we are
sworn 70 observe. Now if we fad no such
powers given US, shall We still vote for It in
violation of our solemn oath, because we be-
iiere that 10 be a poper mode Of passing
laws Or should we not carry out failhfu.
ly what we have sworn we will do, and iiI
it is thought advisable, apply 10 Congress to
give us power to enact laws in this mode
The constant reference that has been
made to the custom Of submitting constitu-
tions 10 the people 10 BE- adopted by tn
vote, is so foreign 10 this question as loI
make it quite certain that men who offer ar
gnmenis Of the kind have either bestowed
no Thought un the question, or that they ars
determined not to see that il has no relation
TO the case a constitution is no legislative
enactment. A territorial legislature acts un
der. and within certain prescribed rules o.
congress- when we proceed to adopt al
constitution, we throw off these congres
sional rules and restraints, and are at per-
feet liberty to adopt constitution in any
nanner we chose. There is no such en-
qnry Is this in violation OF the organic
act ? o. is il keeping within our sworn lin
its; we have no limits, we are proceeding
Ia do the fist acts of sovereignty. Consti-
tu;ions are drawn up 10 conventions oil men
selected for tho purpose, and submitted to
the people 10 be adopted; and these constl-
Iulions prescribe certain rules within which
these Legislatures are 10 keep, how they are
to enact laws, and how they are TO take e.
feet; and should ihpso constitutions provid
that laws shall be lars on being passed by
the legislature, then so it would be but il
they prescribe that all laws when passed
might be submitted 10 the people and take
effect if a majority or two thirds,of the pso
pie vote for them, then that would be- a
constitutional vote. II is for conventions,
or trainers Of constitutions 10 say in the first
place, and the people ultimately whether
legislatures can pass laws in this way or no,
II they say So, il can be done; if not. lrgis-
Iators must be content 10 enact laws Just inl
me mode 'hat Is prescribed III lnr cons'uu
ton. Constitutions would be like ropes oI
sand, il We had no judges around with pow
ers 10 pass upon laws, and annul those that
violate any Of their provisions. Conscientious
judges will guard most sacredly that instru
.ment upon which all our hopes arc hung
And It is when corruption arises TO that de
gree that constitutions are our ruin and can
not be enforced, that governments are at an
end. II perfectly shocks and outrages all
moral feeling, 10 see mrn attempt 10 carry
BY storm these breast works of our liberties
and especially those abandondpd moral
monsters, thai hurl from the pulpit unmixpd
abuse upon those judges thai are sufficiently
conscientious to annul laws in violation o
The constitutions under which they act
This class of men if they were sufficiently
numerous, would soon present us with a
aacnnd ndilion Of The G.ra;vn Of larr,r -