The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1858-04-01

only in a state Of preparation, by hav-
ing made a Constitution, but that Con-
stitution, with a single exception, had
received the appreciation Of Congress,
and she had authority TO call another
Convention for the solitary and particu-
lar purpose Of asserting to the bounda-
Try. She pissed it BY, as she might well
/ do. Her people said. "It is a wiser and
! more satisfactory mode 90 pass by this
| Act Of Congress, and to act upon our
Acknowledged rights as q Territory 30
call Convention, make a new Consti-
tuition, and submit that to Congress,
passing by the President, and the Pres
idents proclamation, and receiving our
adoption and admission from the hands
Of Congress- and they did SO.
IF they could do that; it, prepared as
they were that preparation did not pre-
clude them from making another Con-
stitution, how IS this less state Of prep
aration, on the part of Kansas, to pre-
clude the Territorial Legislature not
from performing the high act of calling
a Convention, but simply Of taking an
other vote on a Constitution which was
yet to be proposed to Congress. Can
any reason be showu2 No, Sir, none
That Constitution was imperative. How
long would it have operated? Suppose
circumstances had occurred which had
prevented any application to Congress
for years, how long would this instru-
ment have retained its vitality, and re-
tanned its vigor and authority? One
t year? A short-lived instrument. Two
years? Three years2 -Four years? How
@ long2 Suppose the President, Calhoun,
had put this instrument in his pocket
% and kept it there all the days of his life
3 would it all the days Of his life have re.
/ strained the people of Kansas from
d taking other steps, aud calling Other
t Conventions, and making other Consti
- tutions2
s If its authority would not have con
J. tnucd a lifetime, how long could it con
l. tinue? No man can set limit; and tn,
st conclusion, therefore, is that it never ha,
1t any binding infiuence--at any rate, nev
'- or such binding influence (and that i
l. all that 1 am required to show as q
e have prevented the people, if they hav
u changed their minds after making th
le first Constitution, from calling anothe
t; Convention, and resorting to all mean
W necessary for the establishment of an
er other Constitution, and then to offer
e to you. 1t is theirs to offer, and ours {
ID dispose Of, and they are free up to tn
# last moment to make known to Congres
te what is their will and what is their de
~ termination in relation to the funda
ic mental law of the State which they ar
at about to establish.
le Is not this all perfectly clear to ou
u reason? Are there any fctions Of Law
are there any technicalities springin
D. out of these instruments, governin
their force and effect, to prevent th
at conclusion? Is this Constitution to
oU made up into a little plea of estoppt
o. against the people? Are the little rule
a. which we are to gather from Wcstmir
ne ster Hall-the little saws in actions
IL law that do we'll enough to decide litt
Us questions Of DleUHl and tuuBD among
o. B and C-to be applied as the mcasul
" to those great and sovereign principl,
'Vs on which States and peoples rest f.
,- their rights and their liberties? n
ne Sir This is a great political question
-e- open, free to be judged Of according
'Ve Gods truth and the rights of the peopl
~, unrestrained, unencumbered, unimpai
ma ed by any fiction or by any technicalit
al which could prevent the full scope
~ your justice and your reason over Il
th whole subject.
- Therefore, Sir this state Of prcpar
\" ton Of the Territory Of Kansas for al
~ mission into the Union has no effeC
.oo m The argument is not applied; the fact
''0 merely stated that there is a state
-, preparation, and there it would be ne
- essary to stop in any doctrine on tn
so subject; for, in my own Judgment,
~ argument can be made, even of aI
H. ordinary plausibility, to show that Il
,os state Of preparation restrains the poop
.oJ of their natural and indefeasible rigl
~ and their legal right as proclaimed
~ you, to form with perfect freedom the
e. own institutions before they come in
~ - the Union, There is no technical
,af about it,
- That was the condition Of her pre-
der aration and because of that prepar
.ial tion the Territorial Legislature had
Id, power whatever to pass a law to take
ed. popular vote upon the adoption of I'll
Constitution, to see what the poor
emit thought Of tito collect the eviden
in Of tho public will What could t
re- Territorial Legislature do, to salts
on, themselves, to satisfy the country,
to satisfy the just rights Of the peop
ied but to say a vote shall be taken on {
on 4th Of January next, in which all 1
her people shall declare their assent to,
ted disapprObation off, this Constitution
ion an entire instrument? What is th
ght in this preparation to prevent it? WI
lis force had the Constitution? Coz
a the Constitution, unaccepted by Y
hat unauthorized by you, paralyzo and an
and hilate the legislative power which y,
one act of Congress had conferred upon
ent Territorial Government? Does not t
s to power, and all that power, remain
ed when you granted il? And could
, in power which your act gave be dimini
of cd or lessened by any act Of mere 4
ling ritorial authority? 1t is palpable I
on it could not No matter what act mi
re- be done by the people Of Kansas cal