The Washington union., 1858-03-21

Recognised principle. Nhen came 10 lorna ienefo CON
stitution, II accomplished 10y the surrender OF certain
powers y the states themselves Distributed AZ the powers
Of government usually are the legislative body of state
mas the sovereign Isdre porer of the state controlled
aud limited only by the constitution. TIE 1s'onai con-
stituon IL an enlargng, granting instrument not so,
however with State constitution IL Is restraining in
strwne and, If the constitution Of Kansas has re-
sttaned either tie people mt any time the iegis-
hiluc until after 1864. / have bsen unable to dis
cover It. say, too if the restraint docs apply, tbt
gentleman from South Carolina Mr. KrrTI undertook to
assert the constitution would not be raarn accord
/ lpg 10 my notions
AIr Chairman this ctl,tg Il lie constitution 70 much
talked about it seems 10 me. has not been ,ghti5 no
piled There are two three clauses in the constitution
OF Kansas which look at in tbis connexion The
clause which prohibits alteration of the constitution
until after the year 1864 operates only upon the
| Legislature and 1t interfcrcS In manner with that
other clause By @h'tf the tisbt o the reople Is
plessly reserved and recognise, should eoftsrd for
the right Of the people at all events; but when gen
emen stand here and that they opposed to the
admission of KANSAS bcsnse the constitution is not
good one tncy a5 g7ill'fy that this strife should
continue In Kansas, want to say to them. .os ,tat
expect to convince anybody for fear that we rush too
bIindly TO conclusions political matters for that that
there Is IN this constitution of Kansas express lecogn
ton OF the peoples ,.Stt 20 rhspge their constitution
when they please Those gentlemen VINO und ittrs 70
say that they restrained from doing until 1864 fall
into in conioundng the application of that sec
on with the section which applies solely and exclusively
to the people This right OF the people is recognised ev
erywhcre II is recognised IN the Declaration of hide
| pcpde,,cp which declares the self jdcnt truth
fha' M erer'sd c, tc, are qudowi =, their
Creator with certain naenabc r'sh Tint dtone dst re Ms IN
msnts nrc Instituted son men deriving their just powers
of tho soerne that Whenever Form Of government, be-
abolish aud n'no government laying its foundation
principles organizing powers them
shall most likely to effect their safety and happiness
The constitution of Kansas recognises il in the fullest
possible manner, and tbs clause which relates TO 1861
" operative only upon tic legi,urE, aid n language
80 plain that doubt except those who choose
willuy to do
Now sir those two clauses are not Inconsistent The
applies to tile people aid the other to the Legislature
This enumeration OF rights, says the constitution shall
! the people
! Mr. KUNKEL, of Pennsylvania, | desire To ask my
colleague question: for really feel interest in his
opinion upon this point. understand him to say That
the clause of the constitution forbing change before
1854 applies tp the Legislature. understand him to
that another provision of the constitution provides for
fla.'rt bS He edfe before lS6t after The
may be.
Mr. PHILLIPS. Yes, sir at any time.
! Mr. KUNKEL, OF Pennsylvania Now, sir, what
propose ask my colleague is in the of practical
question find that the resolution of the democratic
convention of State vhc as ,'st rd'o,,rped,
contends for this power and the people have
it by Irregular process" Now, l want to know from
him how he would propose that the people should excr,
else the power ! s.s-a..
! Mr. PHILLIPS will toll the gentleman. They
. '''N ''''A-
| have rt,hyention
Mr. kuNkEl, OF Psnpsaisanla bat The Legislature
| have power before 1854
i Mr. PHILLIPS. The gentleman is wrong The ,csis-
at,re have powe! to propose Lg,s qrendmcrts at any
time and the rcstratt uo them is only after that time
| have number of preccdents upon snGt reint. The
constitution of Pennsylvania imposes similar restraint
upon the legislature and vet colleague will not
here and tell that the people of Pennsylvania
strained, and cannot have a conycntion,
| Mr. huNhEI, Of Irrnr'lyania J contend that they
are not restrained They have high et'tioiarr right
to change their government just the people OF ha,
have but it is not right by Irregular process"
Mr. PHILLIPS. Well contend for the right by reg
otar process want to put down the exercise of these
revolutionary rights in Kansas. want to substitute
regular process for the strong Of Violence with which
the Territory has been too long governed r....
The people of Pennsylvania may have convention
when they please, but the legislature ranrot PROPOSE
amendments oitcner than ocG in fye ytars 1lcte arc
two sections in the constitution of the State of rennsyl-
vania similar to the two in Kansas acknowledging
and declaring the right Of the people ot all n and the
other preventing and restraining husty and too frequent
leyig1'u action | will refer colleague to precedent
In )II6, Pennsylvania had conyeto oStr Witch Bett
nin Franklin presided and they framed constitution
which contained clause reference to the right of the
people in similar phseoogy to the clause in the consti
tuition of Kansas And it contained another clause
time strong the IN the Kansas constitution
which provided that there should be council Of ccnsors,
tWo-thirls Of whom should propose amendments TO the
people. Appendix b. The censo,s met and would not
favor OF it but not the requisite two-thirs They ad
iourned till another year The people then tried
again 10 have their constitution amended 10y what they
supposed was the only regular process but the council
Of ccrisdrs agan refused The constitution defective
in many things 1t had good things in it, but il
imperfect and its radical defect that it provided
for but one branch Of the Legislature. When the
Gil u refused to call convention to propose
amendments or to propose amendments Themselves the
mHicrty of that council addressed the people and speak
! ing OF those who opposed the measure, said, Their
sun no u this council cannot rob you of your birth
! right - .. ........ ...... .....
They did not consider it gift, acquired right
they claimed it born right-a brth.ri of which
they could not bc deprived especially by clause opera
tive only upon that council and Intellectual upon the poo
! pie whose rights and powers had been preserved by
! the other clause.
| Mr. kUNKEi, of Pennsylvania. That revolution.
Mr. PHILLIPS. No, sir it not revolution it
regular process Ii put upon the ground TINT
there reservation in that constitution similar to the
hcre and that that reservation To lie construed
| am contcnding that this ought to be construed
The legislature took the ground. 1t opposed
then as is opposed now. 1t insisted that the 'reg
ula process the process of the council of censors
But the legislature ovcriulod that, and said you gen
emen who compose the council OF may propose
amendments, and il you do it must be in the form pre-
scribcd but the people have at the time the right
to amend reform the constitution ut their pleasure
and the legislature declared, and the people exercised
this right This not done without struggle of mind
and argument the minority insisting that the only regu
h process through the council of ccnsors, and that
amy other attempted mode in itself violation Of the
constitution presented plausible yet unsound
their opposition to the call of convention constitu
ton framed in 1890 it hid in il clause providing
for it change amendment Yet who dared to dispute