The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1858-03-04
Can the LecclnptOn Constitution
be altered at will!


Il has been ecntendtd by a large portion !,
Of those in favor of admitting Ksns-s I'M.
der tho. LeoOmpton COnstitutic1, that the
people Of that Territory mry and can, forth.
vah upon its admission into the Union ss
State call another Conysntion, and change
her Constitution, in accordance with the
popular will. whatever it moy be-. Ofthe
absurdity Of such proposition there cannot
hss doubt. and the Philadelphia Press mos,
sasctually explcdes the faIlary In q re.
cent article on the subject. The Lecomp
hon Constitution provides that it cannot be
skered before tho yrar 1864, and not then,
unless two thirda Of tbs Legislature au
ihorixe Convention to be held We have
al~Gys held the opinion that the Constitu.
ton can only be altered in the manner
pointed out in thst insNunent. Let us ex.
anime the subjccs in few words.
When Kansas shall have been admitted
into the Union, her Constitution immedi.
at ly becomes the fundem mental law of the
new Etste. 1t will be higher than all 9th.
CT laws, which are but En cmanation, or
rather creatures Of il. The Legislature
can only be organized in accordance with
jis provisions, and no act Of that body can
be valid, as law, II passed in opposition to
Il. All such acts would be invalid and
Without binding force. The President, in
his late Kunsss message, says, "But in who.
manner 10 popular sovereignty to be exer.
risea in this country il not through the In.
Strumentali,y Of established l4w2" This is
just the idea, andwill apply with great force
to Kansas, il il should bs admitted under the
LecOWpton Constitution. In that cIse, the
eniy "sS,sbheAcd law" through whose sin.
slTUmeutafity" the Constitution could b
shsnged, would be the Constitution itself
But this instrument provides tina, no chang,
shall take place until tho year 1854, and t,
after it before tLat time would be in viola
li0n Of "es,ablished law;" and Mr.. Bucban
On thinks "ptpular sovereignty" in thi
country eannot be exercised in this manner
and 80 We also lhiLk. Tie President saws
in another part Of the same message, "Ou
only safety consists in obedience and con
fsrmity to the law" This is sound, pa,ri
otic doctrine, end we endorse il; but i
seems to Us to be opposed to the idea throw
out in seme quarters, that the people O
Kanaas can change their Constitution il
any manner they please, without regard I,
the provisions Of that instrument. II il
true, the President says, in another place
that the msjority "can unmake Constitu
tions ct plsnsure." but, Of course, il mus
always be done sin obedience and conform
ity to the law" Here We have the Presi
dent Of the United States sustaining ou
view Of this question. 49,.
But, further: Can the Constitution b,
altsred except in the manner that instru
ment points out! When the Legislature
comes TO meet under it, every member takel
an oath TO support the COns.itution--no
part, but the whole. How, then, can ,
member vote to alter that instrument befor,
1864, ~hen it is expressly provided in il
that no alteration shall be made prior &c
that time, and he hes sworn to support THU
clause as we'll as every other! Even il ,
bill providing for 9 new Convention should
'psss the Legislature, how could the Govern
Sr approve it with bis oath Of Office resting
upon him! II the people should make q
new Constitution in any other manner than
in "cOnformi'y to law," and attempt to
putths Government under it in operation,
United States troops would, Of course, be
called in to protect the Lecompton Govern
mens. Who does not remember the case
Of Rhode Island!
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