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

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their proper masters, or that section which
gives 10 slaveholding States representation
on this floor for three fiflhs of their slaves,
is not just, nor correct in principle, perjured
themselves when they took the oath here 10
support the Constitution of the United
States? Or that every man who sits in a
convention for the amendment or alteration
oil ms Stale constitution, is perjured if he
ever previously took an oath to support the
Constitution, unless the mode of alteration
was prescribed in the constitution, and
strictly adhered 10 in all the steps taken for
its amendment. What is this oath TO SUD-
port the constitution? 1t is an oath TO support
and obey ii as fundamental law, not
to believe 1t as a fundamental truth. 1t is
on oath to support it as and while it contin.
ues to be the constitution OF the State, not
perpetually, nor after it has ceased 10 be
such.
But the honorable gentleman says further
that the constitution of Kansas repeals the
Kansas-Nebraska bill. Is this true? How?
Why, says the gentlemen, this constitution
declares that all laws now in force in the
Territory Of Kansas, which are not repug.
nant 10 this constitution, shall continue and
be Of force, until altered, amended, or re-.
pealed, by Legislature assembled under
this constitution; and that thereby this con-
vention nulified the right of Legislation se-
cured to the Territory by the Kansas Nebras-
ka act, after the 7th day Of November, '57;
and that if Kansas is admitted with this
constitution, all The laws passed by the ter
ritorial Legislature, at the extra session, are
thereby repealed. Let us examine this a
moment To what point of time dses this
adverb "now," used in this clause of the
constitution, refera Does it refer to the day
that clause was approved in convention q
Does it refer 10 tie day when The nstru-
ment as whole was adopted in the con-
venton? Does il refer to the time when
the people were to vote upon the slavery
question ? or TO the time when Kansas shall
be admitted by Congress, and thereby be-
come Statel There is in this instrument
itself clause which fixes the time when
the constitution shall go into effect, namely,
when ratified by the vote of the people up
on the slavery question as therein provided.
And hence the word "now" cannot possibly
mean any point of time anterior 10 that /;
and if the gentleman will refer to the
dates, he will find that this event occurred
on the 2lst of December, after the extra
session of the Territorial Legislature had
adjourned; and that consequently that all
laws passed by that body were not only re
pealed by the convention, but according 10
his construction were rendered entirely
irrepealable until after the Stale should be
organized. But | am inclined to the opin.
ion that the construction which should be
put upon this clause would fix the point of
time indicated by this word "now," as the
time when Kansas should be admitted and
thereby become Stale. | think this con-
struction the fair one, and one that would
preserve in tact all the legitimate powers of
the Territory while it remained Territory,
and at The same time effect the object evil
denty had in view by the convention,
namely, the perpetuation of the territorial
laws under the State organization until these
laws should be altered by the State author.
ity.
Having now disposed, as think, satisfac
torily, of these objections, will next con.
slider the vote of the 4th of January, 1858,
under the act Of the Territorial Legislature
for and againts the constitution. At this
election it is admitted, at least admit it,
that large majority of the votes of the
Territory voted against the constitution
And the question is, what is the effect o
that vote2 do not, sir, deny the validity
of that act authorizing the vote on the 4tl
of January. ! admit that it was within the
scope of legislative authority-that it rest:
upon the same authority as the act passed
by the same Legislature, TO determine
whether convention should be called {.
form constitution. But the question her,
is as TO it's effect; and / wish to call the at
tention of gentlemen 10 this act itself. 70,
will observe, by reference to this act, tha
it does not pretend to give any legal efficac,
to this vote. 1t suthorizes vote to be Ia
ken, but it does not go on 10 say, "and il
upon the summing up of all the votes cast
it shall appear that majority of the vote
cast at that election were against the con
stitution, then, and from theceforth, as wei
the said constitution as all acts and proceed
! ings Heretofore had under the same, shal
be null and void" If the Legislature had in
tended that this vote should have the efec
of a veto upon the action of the Lecomplo
; Convention, they would undoubtedly hav
SO expressed it in some such language a
the foregoing. But they did not assum
such power. They knew full we'll that the
did not possess the. power; and acting Gov
ernor Stanton, in his message, had just Civ
en- ii as his opinion that the convention
having acted under The previous law, 1t wa
: incompetent for the Legislature TO repeal tn
law. And if the Legislature could not d
this directly, they could not authorize vol
3 of the people, the effect of which would b
I to repeal il. have not the time to discut
3 this point at length; but The point to whic
:. wish TO call attention, and which thin
0 is decisive of the question, has been sufi
: ciently ndicated-namely, the want of lei
q L. u. .-Ha