Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1858-04-08

of the first ninety thousand, are bound
by an inexorable fate, which no human
power can unbind, to the terms ola con-
~stitution made for them in ages past
Is that popular sovereignty? should
call it the sovereignty of dead mems
bones.
One of the ablest, most learned, and
purest judges of the Supreme Court, l
mean Mr.. Justice Campbell, has express
ed his views on this subject in the judi
cial forum. 1t is admitted that the case
Kansas does not stand upon mere silence
in her constitution it is admitted that
the Kansas bill of rights contains an
unqualified declaration, to which | shall
advert by and by-a declaration copied
from the first constitution of the State
of Ohio. Mr.. Justice Campbell, in ex-
pounding those very words, not in a case
Of revolution, but in a case of peaceable
amendment, spoke to this effect. read
now from his opinion in Dodge "a. Wool
sey, 18th Howard, page 374:
"The inquiry arises, to what did the
authority of the people extend? 1t was
their right7to ameliorate every vicious
institution, and to do whatever an en-
lightened craftsmanship might prescribe
for the advancement of their own happi-
ness and for this end, persons and
things in the State were submitted to
their authority"
Again, page 375:
off the powers of the people of a State
are inadequate to this object, then their
grave and solemn declarations of their
~Ik. ,.l klo., o,tlor, ~ al.
governments, and of the ends for which
their governments and the institutions
of the governments were framed, and the
responsibility of rulers and magistrates
to themselves, are nothing but great
swelling words of vanity"
Amen Mr.. Justice Campbell you
never spoke more truthfully in all your
life. l mex read what he said at page
379, on the next question whether the
people could be,trusted. or stood in need
OF. sone 5ody to hold their hands for five
OF six years:
sit may bethat the people may abuse
the powers which1hey are invested and,
even, in correcting the abuses of their
Government, may not in every case act
with wisdom and .circumspection.
But, Tor my part, when [ consider
the justice, moderation, the restraints
upon arbitrary power, the stability OF
social order, the security of personal
rights, aud general hermony which ex-
listed in the country before the sover-
ciguty of governments was asserted /; and
when the sovereignty of the people was
a living and operative principle, and
governments were administered subject
a. A. H.. go. - i'll .P.,.1 -
the specific ends for which they were or
ganized, aud their members recognized
their responsibility and dependence, |
tcel no anxiety nor apprehension in
leaving to the people of Ohio il complete
power, over their government, and all
the institutions and establishments it has
called into existence F. 49,.
Sir, Mr.. Justice Campbell has drawn
the very distinction to which advertcd.
Poeultr sovereignty, according to the
new interpretation, means the sovereign
ty of Il government. / prefer 4 sover-
eighty beyond the government The
same principle was recognized by Dan
iol Webster. I cite him because, Ger
tainly, as Il constitutional lawyer, our
opponents cannot except to him and il
gentlemen think these propositions toe
radical, although supported by the au-
thority of Mr., Justice Cdtron, and Mr.
Justice Daniel, who concurrcd with him
I will introduce the very apostle of con
sorvatisin. In his famous argument II
the case of Luther Us. Borden, 7th How
ard, 81, 81, Mr.. Webster said:
The opposite counsel have cited thc
examples OF rhe different States in which
constitutions have been altered. Onl,
two provided for conventions, and ye
conventions have been held in many o
them. But how? Always these con
v~entiOns were called together by tn
Legislature and no single constitution
has ever been altered by means OF u con
vention gotten up by mass meetings.
1t seems Mr.. Webster had not muc
opinion of the Topeka business.
GThere must be an authentic mode
ascertaining the public will someho'
and somehere. Ii not, it is a govern
meut of the strongest and most numel
GUS"
How was that will to be found out
The Legislature chosen BY the people
the same authority which first directe
the people when, where, and in wh'
manner to elect delegates to form a cor
stitutiou, each member of the Legisl'
ture, speaking on the instruction frol
his constituents received in the act
his election-inquire of the people
"will you have 4 revision of your col
stitution ?" Ifso, choose your DELICATE:
let them assemble at such time and flaC
as we have provided by law, so that tn
business may be- rightful and orderl
and peaceable; and when those deli
gates shall have assembled in conver
ton aud made Il constitution, whethC
upon their own motion or popular IA
ifcation, instead Of being a petition,
We told here. that constitution is tt
fundamental and organic law of the Ian
I have argued thus far as if the col
~stitution of Kansas had at any time fl
any amendment. What, then, wouI
have been the case? | think L may So
without the citation of more authori,
or further argumeut-.t i: a ~propositio
too plain to be disputcd-that the pow
err which made a constitution can IL