Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1858-03-03

the State Constitution 20 q vote of the people
for their ratification rejection, and teitt No
other. or greater poHers Whdtsoerer The
vote taken in pursuance of this act was in "a.
vor of Convention, and by the subssquep,
act of the 29th of March, 1896, provision
was made for electing the delegates, and for
the submission of the amendments proposed
by them. Without pausing to explain tbs
particular reasons which actuated the Iesis.
lature and people, it is clear that the CoDyep
ton of lS3I-3S, the members which wer.
elected with reference to these laws, possess.
ed oaly limited powers. They could not
form new Constitution. nor, abrogate the
old, nor put their amendments in force. Tbev
could only frame propositions of amendment.
, requiring a vote to give them validity.
Those amendments of 1888 were adonted.
and the Constitution of 1890, was - far
4 changed as they expunged old matter or in.
iroduced new. Among those amendments,
was one IN relation to future amendments
which now constitutes the 10th article of tbs
| Constitution, and provides that amendments
may be proposed by majority of all mem.
! bers elected to such House of the General
Assembly at two successive sessions. which.
upon being approved by a public vote, will
take effect. Under this provision and amend
ment adopted in 1850, and four in
1857. Ifthis provisions regarding changes
in the Constitution, should receive the same
construction did the provision in the COR
stitution of 17I6, it does not furnish an ex.
elusive mode of amendment; and the Legisla.
tive power of the State is competent at snv
time to prviie for calling Constitutional Con
vention, the powers of which, whether eeu-
eral, special and limited, will depend upon
the law under which the delegates are chosen
, And as this section of our present Constitu1
i
ment than that provided by it, it is clear tha.
: this construction must be accepted as the tue
one.
Let the facts Of this sketch Do applied ID
+ the Convention and Constitution of Kansas,
; and difficulties and misconceptions regarding
!. them viii disappear. The Legislature Of thai
i Territory passed an act for taking the sense
Il the people at an election in 1886, upon ks
a question of Convention to form Consitu-
A ton for Kansas subsequently, Oh the 18th
% day of Feb. 1857, the Legislature passed ,he
! law for the election of delegates to tue Con
? yentioD.
- The delegates were elected in view Of these
" facts, and their powers, were, ot course geu-
+ eral and similar to those of cur Conventions
- of 1879 and l190-the only Conventional
bodies ever assembled in this State from Shuec
70 hands came forth entire Constitution. The
to necessary consequences is, that the Cousti'u-
u ton framed by the Kansas Convention would
"a be valid, and subject only to the acceptance
Of of Congress under that provision Of the Con-
4 stitution of the United States which gives 1t
:, jurisdiction over the admission of new Statcs
M 1t is not necessary here to inquire whether
l.. the slavery clause Of that instrument stood
,a upon different grounds from other iarts of il.
,s Ii that be affirmed the answer is, tnat il Wa
m submitted to popular deslsslon, limo sucu
o. legal obligation existed, II was not necessary
90 to submit it, and the doing 80 Was Volunta-
ON ry act of the convention, with reference 10
- political reason aud public expectation, ra,h-
ns er, than legal course. The cousiIIuiIa-.
dir therefore comes before Congress lawful ~
md strument, aud sanctioned BY obituary lcsal
,on and constitutional prineip los.
i Now, upon questions OF public OF political
bon right, the whole country and All lis hhabi-
na. tants are under LAW, aud judgment must IA
IL, given in favor of that party or IndlVIdua
,n whose position stands sanctioned 10y It l
s. our system were not so, throu III all It's parts
,.n5 it would be worthless and speedily ulssUTe'
rn, uu ier the breath of revolution, or be slruei
nor down by the arm of force. Nor Is thls con
,nst ditiou Of things Incompatible with true "oeF
all ty and freedom. Our system has abunuai
,h. facilities for amendment change and Ietoiu
in connection with power to eItUIco the eIs
/ uDS laws anu SBtS, pAAOiiS oA-
:, - Aud that people who csnnot control their pa
shall siohs' pnt VIII stl lac - i"H VI -
and otherwise than by legal and orderly modes d
rule amendment are ouh' io' ieo
nv and cannot long maintain them
-, The laWfal and regular character tt n'
-ther Plooeeuhss i0' ,ne .,-I;I;,. - ,I,., ;n.,ru
p, nent as presented to Congress having pee
80 shown and the argument illustrated by 0'
ths own constitutional history, it remains 10 D
A.. tice some Of the lcauing objections hereiO!'
and made, and to give them fair reply.
80 1st The objection that the Constitution
8 - Interchangeable until 1864 Is fully answer
9 -, by the citations already made from Penny
,..nS yania Constitutional history. We ma! e0l
80, clude that the same power will exist IL
,o-, people of Kansas to change :heir CousttutS
,h., through 4 regular process, as that exeEcs
Their by our own people in changing the CUnsa.
=. 49, ton of 1776. The cases are alike upon
80 question of power, and the one is solved
ncur- the decision of the other. Any one wiz
.;nn. cepts our Pennsylvania practice as Tesu
nc and lawful, will not doubt that, upon adp
Can sion, the people of the new State Ot haD
,r IN. will have power, through Couventoh'
asion amend or change altogether their funaam' i'
of the ia, law, retaining in any case It's on
,rnose form. This power stands upon fhS SUI I NM
sew daton where fathers placed H. 11[ ,o,S,,
l7S6 general grounds of reason where i.Ur uUr''
in the uoh provinces ior us W. not he ezcIus
stand hVue VI .iiiie 81 P'o' 'NoI .rob;bited.
by the unless o'neiS are "a kyis he made in
ton of E'eiy PFesuinp'ion =; Ie,,l iustrume
,ro ,h. of government, and the power 0' 49,.
n;,;.tc them must remain entire, unless - q E..i
TIT limited or forbidden The Kansas 'ODIS: Z:
;, tho ton does not forbid amendment oeicis -
th out ana 1t does contain s;n,;lar to b
y part power over IN:-Is.ro in 17s9, ius-
fnrce quoted py our LeSiStatoiS q"