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

tie State" The resolutions for that pur-
pose we're adopted by vote of thrty-nino
to seventeen on the 18th of September,
1880. These Legislative proceedings re-
suited in the constitution of 1870, and
would seem to stand justified by the reasons
assigned, and by the further one, that al
though the constitution of 1776 provided a
mode of amendment it did not forbid other
modes and that therefore the ordinary
law-making power could initiate the neces.
sary proceeding Of change. That consti-
tuition of 1890 was proclaimed by the con-
yenton, and put in force by it, without
any submission of the instrument or any
part of it, TO popular vote. 1t remains
in force to this day, period of sixty-eight
years, modified only by certain amendments
to which it has been subjected.
In 1925 a law was passed by the Legis-
lature for taking the sense of the people
upon the question of convention to make
amendments That proposition was how
ever rejected.
/ Ten years later-in 1864 law was
passed. entitled, "An act to provide for
calling convention with limited powers"
1t provided for a vote " for the purpose of
ascertairing the sense of the citizens of this
! Commonwealth, on the cxpediency of call
ing convention of delegates, to be elected
by tho people. with authority to submit
amendments CT the State Constitution to
q vote of the people, for their ratification
or rejection, and aCi5h no o5hcr or greater
pOac'1S achatSoever." The vote taken in
pursuance of this act was in favor of
convention, and by the subsequent act of
the Goth of March, 1890, provision was
made for electing the delegates, and for
the submission of the amendments proposed
by them. Without pausng to explain the
particular reasons which actuated the Le-
I gislaturo and people, it is clear that the
convention Of 1878, the members of
which were elected with reference to these
laws, possessed only limited powers. They
could not form new constitution, nor
abrogate the old, nor put their amendments
in force. They could only frame PROPOSE
tons of amendment, requiring vote to
give them validity.
Those amendments of S3S we're adopted
and the constitution Of l70S was so far
changed os they expunged old matter or
was one in relation to future amendments
which now constitutes the 10th article of
the constitution, aud provides that amend
ments may be proposed by a majority of
all members elected to each House of the
General Assembly at two successive sessions
which, upon being approved by public
vote, will take effect. Under This provision
one amendment was adopted in 1850, and
four in 1857. If this provision regarding
changes in the constitution, shou d receive
the same construction as did the provision
in the constitution of l776, it does not fur.
nish an exclusive mode of amendment; and
thc legislative power of the State is COM
pc'cn' at any time to provide for calling q
constitutional convention, the powers OF
which, whether general, or special and
limited, will depend upon the law under
which the delegates are chosen. And as
this section Of our present constitution does
not forbid other modes of amendment than
that provided by it, it is clear that this
construction must be accepted as the true
ore.
Let the facts Of this sketch be applied tc
, the convention aud constitution of Kansas
; and difficulties and misconceptions regard.
i, ing them will disappear. The Legislature
of that Territory passed an act for taking
the sense of the people at an election in
1856, upon the question of & convention tc
form constitution for Konsas. Subse.
quently, on the 18th of February, 1857, the
: Legislature passed the law for the election
) OF delegates TO the convention.
Tho lnlpuotnS Toro o1aoIoJ WON 81
these acts, and their powers were, Of course
general, and similar to those of our con.
yentions Of l77G and l70O-the only con.
ventional bodies ever assembled in this
= State from whose hands came forth au
{ entire constitu ion, The necessary conso,
quonce is, that the constitution framed by
4 the Kansas convention would be valid
and subject only to the acceptance of Con
= gress under that provision Of the constitu
t ton of the United States which gives i
G jurisdiction over the admission Of rev
$ States II is not necessary here to inquire
t whether the slavery clause of that instru
t ment stood upon different grounds from
t ether parts Of it. If that be affirmed, IL,
: answer is, that it was submitted to popula
K decision. If no such legal obligation ex
t listed, it was not necessary to submit it, anC
# the doing so was a voluntary act of th
c convention, with reference to political rea
It sons and public expectation, rather thai
r legal course. The constitution, therefore
e comes before Congress lawful instrument
r and sanctioned by ordinary legal and con
t sttutionnl principles.
i Now, upon questions ofpublc or politiea
l. right, the whole country and all its inhab
IS itants are under LAW, and judgment mus
n be given in favor of that party or individua
n whose position stands sanctioned by it. /
g our system were not SO, through all il
|, parts, it would be worthless, and speedil
d dissolved under the breath of revolution
It Or be struck down by the strong arm o
It force. Nor is this condition of things in
4 compatible with true liberty and freedom
it Our system has abundant facilities fo
20 amendment, change and reform, in con