The Washington union., 1858-03-21

! Mr. n.
niau from Ohio that there Is express power granted 10
the people ast tkat there il restriction upon the
legislature until after ss4 This s not grod of power,
but rssaot upon it. When 5on undertake 10 restrain
legislative body and to deprive them cf rights sonsay
IA words that cannot be misunderstood have the ati-
tboy here Shich the gentleman viii recognize, Of the
I Topeka constitution (ausftstl The T"pckaites know
how to restrict the Legislature, whou ;sey wanted TO DO
said that this clause is operative only upon the
legislature D. mean show that Is not operative
until after 1864 VIII the Gentleman from Ohio Mr.
STANTON IA good and eminent lawyer az be Under
take ray that he is not familiar with law after i be-
ginning that after such day such and such shall be hc
law fd viii hc rise here and assert that Il will e The
law until the day specified errNes will show the gc'i'
tcnan the language which used Cher the object Is to
prohibit ANYTHING being done before up to :rr day
read from the Topeka constitution, this republican IN
strument which il is insisted shall be the basis OF the ad-
mission Of kansas
SIX "a c5snSep,ap for The formation new
s"nsrai a' al a.s"%Sy s@,f msaS Ss Year
i've years Thereafter ~.
They recognized the difference between tt..e i&o ths
peopIc atl thc legislature. When conventions want ~
prohibit The o. "'d poYer they nse language
that cannot be misunderstood IL aHs one takes up the
statute books OF the United States he will hna afsd
VI laws beginning, that from and after particular day
Tiers shr bs such law and surely no member will
argue before this bofr that ts,os the time specified
the law is operative in force .ay that this
clause in the constitution of Kansas is not Gf fi't effect
whatever until 1864 Ii then takes its place there, II
not previously altered expunged 1t may not have
been intended. The Topeka constitution is very diff
fercu 1, prohibits the amendment Of the constitution
6fccsy befort the ttar 1865. If this clause in
te@di to Have different effect, its frafe's have over
reached themsoitts II u was intended for good .ur
very well understand the ais,s'eit that having rri'fe Il
new constitutions and in,lIiblity moi t ai'otted 20
man. legislative amendments should be encouraged Up 70
1864 that by that time experience might show It's
merits defects But ut that time, the constitution hav
Ing been sis years in existence, it thought should not
thirds and in more dcllbciase tai,er Than previously
Ii the motive bad then these men avo dsitally over
shot their mark, say you cannot take up the Statutes
Of State Legislatures, the acts Of Congress, without
finding laws cnactih5 tia o}et DAY such shall be Che
law and if that has been construct 10 ehh That the
law should not go into effect till that tipe Ws! 10 zee
the Judge who would constrnc differently restriction
contained in this clause upon the legislative power
hold the doctrine that the legislature OF State has
all the sovereign legislative power, except such as Is
FOR necessary purposes reserved either expressly or by nm
pleaton; the people. 1t Is not new docrne that
am t.art krte but have been asonishcd at the
ground taken by mcibGr5 n th's MATTER do not
know that they want wlfully to pervert tho tordfsSr
OF things but the ea is absurd that, because ceftaih
clause constitution declares that the legislature shall
he restricted a certain time arrives from amending
it, except 4! ,%ttcnsr way, II is to he construed
so to restrain their action stftre t''at time arrives
Until after 1864 it is imperative, though " had been
said tha the clause should not he inserted in the constr
tuition till that time arrives. a85
quarrel with no man because he differs in opinion
N tagtec With the gentleman who last spoke in not
dening it essential ~ct)er this Is made party test or
not believe that this constitution lr,s been framed
With oil tc requirements of recognised law and J, for
one viii never sscfoii c tcleoh that created resistance
TO It from the moment Of It's 'ntertioh have given
The highest authority among the oppohtre ~ Tire adj
msstoi % Eans, TO show that it was regular III every
thing down to its stit-"on 70 q vote Of the people
have pointed gentlemen 10 the cast cf the constitution
of my own State made in $780, which not s,ftte'l
TO the ucoplc and it remained unatercd for ortycight
teets J ean refer them to State after State whose con
sttut.R &cfs hot no submitted The State of Indiana
had provision in her contribution that 1t should only
be amended every twelfth year but te~ constitution
was made in another year. and was accepted ~isi"a'
murm.r of ilcgality The man who would attempt to
restrain the exercise of sovereign power by the people
would meet that doom which every public man would
want to avoid 1-ae -. .Esat taf&a
! Now what do we gain by admitting krisas with this
!ecompon constitution! IN the first place. ITO we rio-
late atty principle If We do, will not vote for H.
Popular soycregnt, great respect the proesscd ma
iority in kans, have for popuat soveregnty when
they come here with their Topeka constitution S''a say
that the people Of Kansas cannot and shall not amend
their Constitution for eight OF nne years suppose th't
is bad constitution SUPPOSE tts u admits slavery, and
that the people do not want 1t there do itt believe that
slavery exist there have not idea that 1t cah
and as it cannot exist there an institution would
rather it out of the constitution do not object to
tho existence of slavery in State where the people de-
sire it. do not want il IN my state but do not OBJ
icct to tue fullest enjoyment c IT IN State where tue
people desire its existence But whether it is the slavery
my iugcr the clause tat tie people may alter their
constitution when they think proper and challenge
gentlemen To point to rlane which says that ii pro-
hibs the amendment Of the constitution ut any time
iDirrdatIy, if the people choose it,
These are The Views that entertain. Unlike the gen
| teman from Indiana Mr. ESarisH Who preceded me,
have apology to olrr for ayowi the principles hold,
aud which have been adopted by the party to which ami
proud to belong that party through which alone the
harmony of the country be preserved To it IL
immateriol whether this net shall shall not be
companicd by declaration condition by Congress
that the people shall have, Mt all times the right of
altering their constitution You might well insert
a declaration that the shines the two propositions
are equally plain without the declaration of them
will vote for such decluation for it asserts expressly
only what is there by necessary implication and because
Ii there be for doubt it will remove that doubt
will vote for it in any way either dcclaration pro-
yiso condition; although | believe it is there al
ready Recognising. the right of the people of Kansas to
alter their constitution when they plense and recognising
1854 by the Of bare majority, to propose amend
ment if the people do not wish to through the form
of having the entire constitution changed, and they
only dissatisfied clause and enter tanning the be-
lief that the admission of Kansas into the Union is
measure of national peace, and that the strife which
would follow its rejection would cnyelop and affect every
in the country most earnestly trust that calm cou
sells will prevail and that the matter may bc put in such
shape the gentleman from Indiana has Just hoped it
might he, to command the votes of himself and others
hope there may be dissensons in party which de-
pend the and quiet OF the country aud promise
gentlemen that, If that is done, there will he
dsaiiecton disorder because do believe that
the people OF Kansas suicidal fatricda AS TO