The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1858-05-05

10 ms OIL law. AND thoSe lofmS WoOlu nave
required an act of the Legislature authoriz.
ing the election of delegates 10 second
convention, for the purpose of revising, al
tering, or amending this constitution. In
this way the people can, take it, at all
times control and regulate their constitu-
lions, as well.before they have been pre-
sented 10 and admitted by Congress, as afier
but know of no other way prescribed by
law TO co it. And if now, under the pres.
ent law of Kansas, (f they really have
law 10 that effect, about which there seems
to be some dispute between the Legislature
and Governor Denver;) if, under this law,
the convention elected should assemble and
remodel the Lecompton Constitution, or
make an entire new one before Kansas
is admitted, and present that here in due
form, either with or without having FIRST
submitted it to a vote of the people, hold
we should be bound to receive it; and if il
was found TO have been made in conformity
with the requirements of law, giving full
and fair opportunity 10 participate in the
proceedings, think we would be bound 10
accept it as the last expression of the SOW
ereign will Of the people; for hold that the
power ofthe people is not exhausted by be.
ing once exercised. Upon this point, how
ever, do not hereby design to commit my.
self. "Suf6cient unto the day is the evil
thereof"
do not agree with some honorable gen.
al H. - nf al thot . tbo
vote for State and legislative officers under
this constitution, on the 4th of January, by
the free-State men, is an estoppel, and
closes their mouths against denial Of the
legality of the constitution. Under strict
rules of law, admit, it might have such
effect. But cannot admit that these rigid
rules apply 10 this high court in such case.
am of opinion they had right to guard
against contingency by electing officers
under the constitution, and at the same time
protest that the constitution was void I; so
that, if it should be afterwards decide
against them in this couri, they would have
the advantage Of their election. think
they had a right, legal and constitutional
right, on that day, peaceably, at the polls,
first 10 vote for the Stale and other officers
under the constitution, and then immediate.
ly vote, under the provisions Of the terrltor-
ial law, against the constitution. In this
view think am sustained by the instruc-
tions of the President TO Governor Denver,
to see that the people were protected in
their right TO vote at that election. They
had also right 10 send the result OF that
vote here, Just as they would have presented
petition making known their views and
wishes aud then the result is with us. If
we find, upon examination, that they come
here with clean hands; if the grievances of
which they complain are real, and are such
as we can redress, it is our duty 10 redress
them. extend 10 them in this case every
right and privilege which equity can claim;
and if they have case in which equity
can entitle them to relief; then, in the name
Of all that is sacred, just and right, give them
relief. But if, upon investigation, we find
that these grievances are the result of their
own negligence and inaction, their own fol.
| ~ dUu ClliiC IL VIC tiliQ thdt thO law dhbl"
ded them ample means of protecting them.
selves against these wrongs, or Of redressing
the wrongs after they were committed; if
we find, as we do in this case, that the
wrongs of which they complain are the
consequence of their own willful and OBJ.
stinate resistance of the law and violation of
its requirements, combined with stubborn
refusal 10 avail themselves of its provisions;
then, sir, there is no principle of equity or
justice that they can invoke. They may
invoke our sympathy; they may ask for
favor; but justice and equity they cannot
demand.
propose next TO consider briefly the
right of the people to amend the constitu-
ton. In case growing out of the Dorr re-
belion, the Supreme Court use the following
language:
"No one, we believe, has ever doubted
the proposition that, according to the insti'
tutions of this country, the sovereignty in
every State resides in the people of the
State, and that they may alter and change
their form of government at their own
pleasure"
Following out the idea herein expressed
the constitution of Kansas, in the bill o
rights, declares:
"2. All political power is inherent in the
people, and all free governments are found
ed on their authority, and instituted for ,heil
benefit; and therefore they have at all times
an inalienable and indefeasible right 10 al
ter, reform, or abolish their form of govern
ment in such manner as they may think
proper"
Here we have it first laid down by the
Supreme Court as setted, unquestioneC
proposition, that The sovereignty of th'
State resides in the people of the State an'
that, as consequence resulting from th'
foregoing, this people, being sovereign, ma.
, alter and change their form Of governmen
at their own pleasure. Then we have, il
, the constitution of Kansas itself, the truth O
this proposition reaffirmed and still NOR
8 emphatically set forth, declaring that tn
|, people of Kansas have at all times an in
( alienable and indefeasable right 10 alter, re
form, SC, their government in such manne
!. as they may think proper-not at suc1
Tim nc and in auch xo,unar N, :. ,>xo,or;ho