The Washington union., 1858-03-17

DEFINITIONS A LAWYER IN LEGISLATION.
Mr.. John b. Haskn, of New York, says " the con-
stitution of Kansas is compact made with the
people" Mr.. Haskin is lawyer and we would
like to consult him upon this subject, of course
without committing us to the payment of re-
tainer If the constitution is compact we
want to know who are the parties to it2 We find
the people Of Kansas one side, but we do not
see who is on the other side If it is compact,
there must be two legal parties to it. Mr.. Haskin
can contract with one of his constituents, but we
take it he will find it difficult to enter into covenants
with himself The constitution of the United States
is compact, because it is agreement between
many legal parties, each acting independent of the
other and each capable of doing just what was done
in the adoption by the several Statcs of that insru
ment So much for Mr.. Haskins premises and only
q word about his conclusions. Having made a COM
pact it is easy to that Mr.. Haskn would insist
upon its enforcement according to its terms. He
will not let the people change their compact" and
if they have made one, he is right-but they did
not make any such instrument, expect Mr.. Has
kin, when he discovers this fact, to surrender his
position. At all events we intend to talk over the
matter with Mr.. IIaskin and see if we can agree
upon premises, not doubling, if can that
shall come out together. Well then, let us sup
pose it is desirable to alter the constitution
of Kansas the compact of the people as Mr..
Haskin calls it. Who are the parties to the
instrument? Let try and get them together and see
if we cannot bring them to terms But, first who
they? The people of Kansas as the lawyers say,
of the first part, and - of the second part. Now
we want Mr.. Haskn to ELL up this blank. Can it be
the members of the Legislature, the governor and
other State officers? No for they the repre-
sentatives, the agents 'of the people of Kansas,
acting for them, by their authority to carry out their
will They belong to ''the party of the first part"
We rely upon Mr. Haskin to tell who is the party
of the second part Failing to supply us with
proper legal entity capable of contracting, must
insist that Mr.. IIaskin shall strike out the word
compact wherever it occurs in his speech in this
connexion, and insert in its place "rule,' chart
fundamental law" anything by which the true char
acter of the instrument may be designated. Having
done this, shall credit him with fairness, purer
democracy, better understanding of the subject,
and with higher legal attainments But we shall
act of him also an abandonment Of the conclusions
he has drawn from his erroneous premises. Having
made compact he decides, for instance, that it
be changed in no manner except in the mode
and at the time prescribed in it," Not having made
a compact, but having ordained rule, the people
having adopted only chart by which they would
steer their own ship, freighted with their own pro-
duce, and commanded by their own men, we think it
clear that they may, in orderly way, alter or
modify their plans, mark shoal here light
there, buoy yonder, or even change the destina-
ton of the vessel from Charleston to "Cowes and
market if they will Mr. IIaskin having failed to find
claimant to the goods seized IN hansifu by the real
owner we insist he shall not come in to resist the
enforcement of our just rights of property We adj
NIT that the would be different fit between
contestants. Ii the people of Kansas, for instance
had madea compact" with any other people, we
would consult the bond and enforce by the utmost
rigor of the law.
But Mr. Haskin tells us little further on that +" the
compact that they have entered into egM hemselres
is what cannot be changed In order render this intel
gble, Themselves must be divided into two legal and
it would be better to have it, two equal parties The
people of Kansas constitute community--a polit-
cal goyernment-they are one, not many--one
composed of many-one controlling many. The
State of New York is made up of the people of
New York. The State of Kansas is made up of the
people of Kansas. In this view Of the case Mr..
Haskins q compact" "entered into ,yith them
selves becomes very ludicrous, to say the least of it
and yet on this peg Mr.. Haskn ventures to hang
his protest against the right of the people of State
through their own laws and elections, to change
their constitution Bah
SENATE PROCEEDINGS ON MONDAY NIGHT
Public attention will naturally be drawn to the
protracted session of the Senate on Monday evening
and night, prolonged to six O'Clock on yesterday
morning. Proceedings in that body so unusual de-
mand explanation The bill to admit Kansas into the
Union has been under discussion for a long time
and has already received full share of the time and
attention of the Senate A very large number of
senators have spoken, by much the greater number
OF those from the opposition benches The public
interests while the Kansas question is before the