Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1858-04-08
EATON, PREBLE COUNTY. 0. APRIL s, 1858.

people; government over which, by
the clearest principles of constitutions
law, the people have completes power
of revision. There, I am satisfied, is a
republican form of government. Ii
there be any mistake in the constitu-
tions, any omissions, if there, be unwisc
provisions in them, or provisions which,
upon experience, prove not satisfacto-
ry, the people of these States, like the
people of the old States, can reform
their Institutions Sd as to suit them
@sclycss7 Such being the case, l. attach
no serious Importance to any of the OBJ
Jections l have shown in the constitu-
ton of Minnesota, and none to those
which others have made against the con
stitution of Kansas Each has form
of government-a republican form OF
government. In the ease Of Minneso-
ia, she has the requisite population
In the case of Kansas, all parties here,
and all parties in Kansas, the friends of
Topeka, the friends of Lecompton, the
Senate and House of Representatives of
the United States, have agreed to waive
that question.
1t is next said that Kansas cannot
! be allowed admission into the Union.
because she never submitted her con-
stitution to direct vote of the people.
have already said that, in my judg-
ment, we have nothing to DO with her
constitution except to enquire whether
it provides for republican form of
government; and we have no right to
specify how, or in what manner, or by
what solcln mites she shall form or adopt
her constitution. She has formed it by
convention of delegates. That is the
old form. That is the form under
which the original States acted. That
is the form under which nearly all the
new States have acte d. think only
six of the constitutions of the new
States were ever submitted to the peo-
pie, and none of the first constitutions
of the old States Governor Walker,
in his letter of resignation. says that no
constitution can ever be legitimate, or
i.htiy enforced. until it has been sub
mitted to the people; because, he says,
sovereignty can only act directly and
never through d .legates. IF this be so
Senators. We are the sheerest usurperS
in the world; for the Constitution of the
United States, under which we assume
| to act, never was submitted to the pco-
! pie Of any State. Il II in force to day
by the ratification of convention in the
original States, and by the adoption Of
conventions in the new States. l have
stated that the original States neither
subm tied their own constitutions nor
the Constitution of the United States
to a vote of the people, and only six Of
the eighteen new States thus submitted
their constitutions.
Dccs Governor Walker mean seri
riouly to assrt that sovereignty can new
er be exercised through delegates or
representatives? Is it not in virtue of
delegation of sovereign power by the
people that a Legislature defines every
offence and fixes the punishmcnt; that
the judiciary examines into every ac-
cusation, and in the proper case infiicts
the punishment? Sir, is there Il higher
act of sovereignty than to take the life
| of citizen? And that is taken by an
executive officer in obedince to man
date of the Judiciary. Sovereignty, for
sooth, is so exalted and omnipotent,
quoth Governor Walker, that it can
make and unmakc constitutions, dynas-
tics, and all forms of government what
soever; but so restrained withal, So hum
bic, so helpless. that it cannot even
choose its own instruments, its form OF
expression, its modes of operation. We
know, from the history and received
opinion OF all past time, that the pco-
pie can as we'll authorize delegates to
make a constitution as make it them
selves. They do this becauc it is in
convenient for the people to assemble
in one place, as they did in tho ancient
democracics; and on account of this in
convenience, they choose representa-
tivcs, and instruct those representatives
as to their wishes; aud tho representa-
tives, assembled in due form Of law, are
the people by substitution. They act
for the people, and in the name of the
people, and by the authority of the peo-
| pie. If they choose to take the advice
of their constituents, it they choose, in
u question Of doubt or of difficulty, to
remit the whole question, or any part
of the qustion, the people~in primary
assemblies, nobody can object to it; but
if they feel sufficiently assured of the
will and the wishes Of their constituents,
they have the power to proceed without
any further sanction. In the present
| case OF NsuSdS, L IulIllG tIdI lHo pS'P'N
might have prescribed charter for their
delegates. They might have said to
the delegates, I'VE will authorize YOU
simply to form and propose constitu-
ton, but we reserve to oursclvcsa right,
to appeal or submission. to revise, to
accept, or to reject your propositions;
but the convention act of 1857 con-
taincd no such reservation. On the
contrary, when it was returned to the
Legislature by Governor Geary, with
out his approval, on the distinct ground
that it contained no such provision, 1t
was passed over the veto by twothirds
vote of each House. Therefore, the
question, whether such should be the
charter of the delegates, was considered
and decided in tho proper mode. What
ever might have been the question, ii
the convention act had required submls'
sion, or if there had been no discussion
Of the subject. in this case the authori-
, ty Of the convention Is as absolute as i
, the act had said TO fho delagatcs, you