Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1858-03-06

Such is the character Of the constitution
making and amending power, as illustra--
ted by the Constitution of the United
States. And when we turn to our own
State, the case is equally clear. Both OF
our State constitutions were formed by
conventions neither were submitted to a
popular vote /; and we are living at this
moment under a constitution so formed
aud it is m nifest that new constitution
might now be established through con-
VENT N in the same manner and Having
equal validity with former ones.
The notice Of this objection becomes i'm
portaut when we consider it as an assigned
reason of the difference between Gov.
Walker and the National Administration,
leading to his resignation, and also as the
reason stated by Secretary Stanton for
convening the Territorial Legislature in
1857, and recommending to it the passage
of an act for a vote to be taken on the
I.ecomp.on Constitution. 1t is directly
connected with the conduct Of those officials,
and distinctly put forward by the latter as
the ground upon which the vote in January
upon the constitution could be justified -
~ lll''ul siliS. utSOiuilH " lllC dNAuiioSlSh
Of Mr.. Stanton to the Legislature, there
would have been no legal pretence for the
4th of January vote, and therefore the
force to be assigned to chat vote will, ac-
cording to him, depend altogether upon the
sounducss of the objection but as we have
demonstrated that the objection is wholly
groundless that rot only is it not sustained
by authority or reason, but IS utterly con-
demDed by tie high authority of the con-
stitution of the United States and OF Penn
sylvania-t the whole foundation for the jan
uary vote is destroyed, and it stands with
out validity, or force and effect upon the
constitution against which it was directed.
And at the same time the policy of the
administration as against the Governor and
Secretary is vindcated, and those officers
condemned, upon the ground selected By
themselves. 1t is undisputable that the
people, in selecting a convention to. form a
constitution, may, and do, delegate to them
the whole power necessary to establish it,
unless there be some expressed limitation,
Having thus shown the untenable ma
turc of the position assumed by Messrs.
Walker and Stanton. upon which they
threw their official influence against the
constitutional party i'll the Territory, and
at the same time demonstrated the fulfill.
ty OF the January vote by the failure o.
the reason assigned for il by the man
WHO recommended it, and whose oficia
act caused it to be taken, we might IN
clude this part of the subject. But tho
warmth with which the 4th of January
vote is pressed as an independent objec
ton to the constitution will excuse some
thing further on that point And it may
be confidently asserted, upon genera
grounds, that not only was it without lega
effect upon the constitution, but was in it
self wholly irrelevant and void. No Leg
islaturc in the country ever assumed iuris
diction over the formation or ratification
Of constitution, except upon an expires
delegation Of power for that purpose; ant
the assumption of such power by repre-
sentative body, in the absence cf expires
grant, must be, of necessity, an usutpatior
and its acts relating thereto, wholly void
The taking of the sense of the people o
the question of calling n convention, an
providing the legal facilities for eleotin
the delegates, rests upon precedent an
necessity; but neither reason extends tn
ordinary legislative power to the subject
of formation and ratification. If thi
, were not SO, the Legislature might romov
constitutional restraints upon itself at it
, own pleasure, or Rssail other department
, of the government in their jurisdiction
and, in the case of a Territorial Legisla
, ture, might extend its own existence, O
etain power in the hands of it's own part
against a constitution obnoxious to them
And the same reason will apply agains
accomplishing the same euds direct
through a popular vote. Certainly til
Legislature cannot do through others who
it is prohibited fiom doing itself. IF til
, Lecompton Constitution was valid in
! strument prior to the 4th of January
which has been proved, it would continu
so until the power of the people, actin
: regularly through well establised and vel
known legal forms and principles, shoul
, amend it., or substitute another in il
= place. Certainly, this can only be don
! lin the absence of constitutional provision
! through a popular convention, where dc
/ liberation and delay will secure wise an
f Just changes. The destruction Of a cor
: stituton after it is once made, without tn
substitution of another, was never hear
! of in the United States, and such an al
r tempt has no foundation, either in reaso
. or law. The man who would assert tn
! power of our Legisl lature to submit tn
, constitution Of this State to public vote
A D