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

l Ce0aCOE NGM | AhI
CLARK proposed last night to pass
upon the wisdom or the justice of theil
provisions, to decide whether the State
should admit or exclude African SER
vitude, should admit or exclude free ne
groes, what shall we say of this consti-
tuition for Minnesota, under which the
| Representatives chosen in October, 1857.
are elected for life? There is absolutely
no provision of the constitution of Min.
nesota limiting the terms of ths Repres-
entatives already ehoseps - i
mere omission; have no doubt the
convention intended to make such pro-
vision; but none appears. There would
be no Limitation of the terms of the Sen
ators in that Legislature but for pro-
vision, that whenever a census shall be
taken by the United States, or by the
authority of the State Legislature, then
! the seats of all the Senators shall become
vacant. If it were not for that, the Sem
ators in, the Legislature of Minnesota
would be chosen for life as well as the
Representatives. But, I repeat, these
objections are wholly immaterial, just
as were all the arguments addressed to
US in reference to the provisions of the
constitution of Kansas.
My honorable friend, the Senator
from Illinois, Mr.. DOUGLAS, who is
not now in his scat, as minority of
the Committee on Territories, urges this
proposition: that the convention in Kan
sas derived its whole power from the
Territorial Legislature, and, therefore,
the vote ordered to be taken on the
4th OF January, 1858, by the Territori-
al Legislature, was proper voice up
on the adoption or rejection Of the con-
stitution 1t is said, Furthermore, that
Kansas presents herself to US now with
a simple petition in her hands. In
my Judgment, the convention of Kan
sas derived no authority from the Ter
ritorial Legislature; it received all its
authority from the people in the cleo
ton of the delegates. What has the
Territorial Legislature done? 1t has
prescribed, in the act Of FEBRUARY, 1857,
the time, place, and manner of electing
delegates, and the time when they shall
assemble in conventions; that is all
Docs that con stitute the Legislature the
source Of the power to be exercised by
the delegates when assembled? Then
let US turn to the case of Minnesota
Congress passed an act presrzia ring III e
time, place, and manner Tor the election
Of delegates in Minnesota, and prescrib
ing the, day when those delegates should
assemble in convention. Did the con-
vention of Minnesota derive its power
to make 4 constitution for that people
from the Congress of the United States?
Are we the source of authority from
which the constitution of Minnesota is
derived? Ifso, the constitutions of the
States, instead of being an expression
of the will of the people to be governed
by them, are merely the acts of Con-
gress through the agents and delegates
assembled in the various States and
Territories. No, sir; in the act of elect
ing delegate, the people have clothed
him with power, and, from the hour Of
his election, he is representative of
the people, not of the Legislature, and
those delegates proceed, when assembled,
Legislature never had, and never could
confer-the power to make constitu-
ton, which is above all Legislatures
And therefore, in my opinion the at
tempted interference of the last Terrific
rial Legislature of Kansas, at the spc-
cial session call by Mr.. Secretary Stan
ton, was unauthorized, factious. and
void. The Legislature had no more
right to interfere with the constitution,
to alter the mode of its submission, to
touch any provision in it, than We have
this day to revise the constitution Of
Minnesota.
It's true, sir, Kansas presents herself
to US with petition in her hand; but
what are the contents of that petition?
Honorable Senators seem to imagine
that Kansas petitions us to approve her
constitution; to say, this is wise, that
is unwiss." Why, sir, Minnesota is al
so petitioner with Il constitution in her
hand. What is the petition? To ap-
prove tha constitution? No, sir; it is
to admit the State. 1t is not necessary
that State should have any written
constitution. Many of the original
States had no written constitutions, or
none reduced to an exact form, until
years after the Constitution of the Uni
ted States had been ratified and WAS in
operation The State of Rhode Island
was received into the Union in May,
1890, with form of government Or
ganized under the royal charter of
Charles IL, and modified by mere usage;
and [ believe she did not change that
for a written constitution until within
about fifteen years. The Constitution
of the United States does not require
the States to have written constitutions.
1t only requires them to have republican
forms of government; and those forms
may rest on parol or usage. That is
the reason why the States of the Union
have an unlimited power to alter their
own constitutions, their forms of gov
ernment, without the consent of Con
gress, provided they still continue to be
republican. 1t is only requisite that q
new State, as an old one, should have 4
form of government.
Well. sir, let US look rs we'll at the
case OF Kansas as Of Minnesota. look
ed far enough to sec that, in each: pro
vision is made for Governor and ;
Legislature, to be chosen by the people
to exercise the authority Of the State
! to make the laws, md to execute Ii