Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1858-04-08

they shall recommend to the electors at
the next general election, two thirds of
the members of each House concurring.
to vote for or against calling a conven-
ton and if it shall appear that a ma
jority ofall citizens of the State have vo-
ted for a convention, the Legislature
shall, at its next regular session call a
convention, to consist of as many mem
bers as there may be in the House of
Representatives at the time, to be chosen
in the same manner, at the same places,
and by the same electors that choose the
Representatives,"
"After the year 1864" What may
be done before that? The constitution
is simply silent. There is no negative
word here. The whole clause is in de-
rogation, rs 1 have said, of a universal
principle; and yet, contrary TO all the
canons o~finterpreta:ion l have everread,
instead of being strictly construed, SEN
ators enlarge it to a circumference which
its language cannot possibly embrace
What is the case before 1864? What it
would be if there had been nothing in
the constitution-just exactly the same.
But the case does not end there, The
constitution of Kansas has carefully
guarded the rights of the people. Hav-
ing provided q special method of amedn-
ment after the year 1864, it has taken
pains to prevent any false construction.
There are two principles which l think
can be taken for certain. One is, that
all the parts of an instrument must be
taken together !; one shall not destroy
the rest-but each, in its place, and in
its order, shsll receive a construction
compatible with the integrity of the 9th
or parts. In addition. whatever dcro-
gates from the rights of the people must
be strictly construed. That is another
universal maxim Of the law. Accord
ingly, the people of Kansas, in this con
stitution, have declared in their bill of
rights-in that which declares the great
principles behind all constitutions and
above all governments
THAT the great and essential princi.
Piles of liberty and free government may
be recognized and established, we de-
clare
Declare what? Let us hear:
TALL political power is inherent in the
people, and all free governments arc
founded on their authority"
Fot the authority of somebody who
lived a hundred years Ago, but
Ton their authority, and instituted fol
their benefit; and therefore,
becruse political power is inherent in
the people; inherent, so that it never Car
be separated from them by any wit Of
man, by any form of language, by any
provision of any constitution; "anc
therefore" because all free governments
are founded on the authority of the PEG,
pie and instituted for the benefit o.
the people
Therefore they have at all times
, not after the year 1864, but
| lat all times an inalienable and indie
feasible right to alter, reform, or abol.
ish, their form of government, in such
manner as they think proper"
They must do it, as Mr.. Webster
says, in a pcaceable and orderly man
ner. The will Of the people must be
ascertained according to the doctrine Of
Topeka. 1t must be by form oflaw
The Legislature must give assent to the
form of the law. This constitution has
r said, after the year 1861, thef form o.
law shall be thus and so; before 1864, il
shall be the very same form ofby which
the constitution was made. What Wa:
>. that? An act of the Legisl .ture, in the
!, first instance, inquiring of the people
whether they would have a convention
n and when the people responded, anothei
: act ofthe Legislature, providing for thu
election of delegates. and the asscmblin!
O of a conventions: and thercupon the &C
b of the people in choosing the delegates
e and of the delegates in assembling il
i convention, and forming a State consti
tuition and government.