INTELLIGENCER & LANCASTERIAN.
GEO. SARDERSON, EDITOR.
A. SANDERSON, Associate.
LANCASTER, PA., MARCH 2, 1858.
CIRCULATION, SOOO COPIES!
BUNCILTPIION Pazar, $2,00 per annum.
TEANICEI.-011? thtuaks are due to Senators
Bum/LT.llw and SHAEFTEa for their favors.
We also tender oar hearty thanks to our old
friend Maj. SAMUEL C. HumEs, whilom of this
city, now of Fort Washita, Arkansas, for a
copy of "The Chickasa‘ and Choctaw Herald,"
published at Tishomingo City, Chickasaw
Nation. It is neatly printed, and the editorials
give evidence of considerable ability.
LANC•STER COUNTY CONVENTION
The Home of James Buchanan Speaks
His Kansas Policy Unanimously • En
domed i..BLack Republicanism Rebuk
ed I
Yes, verily, the staunch and indomitable
Democracy of old Lancaster county have
spoken in thunder tones, and rebuked, in un
mistakeable language, the Black Republican
disorganizers and the secret and open enemies
of Mr. BucasNAN. The Convention of Wed
nesday was one of the largest and most
enthusiastic ever held in Lancaster—fifty, of
the fifty-three, districts being fully represented
by over two hundred of the most substantial
Democrats in the county.
There was but one feeling—one sentiment—
in the Convention with regard to the Admin
istration of President Bocnesell, and that
was of unqualified commendation. His Kan
sas policy was fully and unequivocally en
dorsed by his old neighbors and friends, with
a warmth and enthusiasm which showed their
unlimited confidence in the wisdom and
integrity of the patriotic and venerable states
man ; and when his name was announced in
the resolutions, or by the speakers, it was
uniformly responded to with thunders of—ap
ple-6M:
The proceedings of the Convention will be
found at length in another column, and we
invite for them the careful perusal of all our
readers. The home of JAMES BUCHANAN has
spoken, but the voice is altogether different
from what was predicted by his enemies.—
Hereafter we hope to bear no more suhnisings
or misgivings as to the position of the Democ
racy of Lancaster county.
A POWERFUL DOCUMENT
Mr. BETICALEW, in the State Senate, from the
Seleot Committee to which was referred cer
tain resolutions relating to the admission of
Kansas into the Union as a State, under the
Lecompton Constitution, has made a report on
behalf of the majority of the Committee, fully
sustaining the position of the President.
The report is, without exception, one of the
most lucid and unanswerable arguments we
have ever read on the Kansas or any other
question, and establishes for Mr. BUCKALEW
the character of being one of the first states
men of the age.
Notwithstanding the crowded state of our
columns, on the outer and inner forms of the
paper, with the report of the U. S. Senate Com
mittee on Kansas affairs, and the proceedings
of the County Convention, we nevertheless
think it all important at the present time to
give this masterly production to our readers
at the earliest possible moment. We therefore
insert it entire this week, , and bespeak for it
the calm and dispassionate consideration of
the public.
We also ask the same favor for the able and
conclusive report of Mr. GREEN, of the U. S.
Senate, on the first page. Take the two reports
together, and they fully cover the whole
ground of the Kansas difficulty, and, in our
humble opinion, completely exhaust the sub
ject.
STATE LUNATIC HOSPITAL
From the annual report of the Trustees and
Superintendent of the State Lunatic Hospital
of Pennsylvania, we glean the following some
what remarkable facts :
Of the 525 males in the Institution, 172 are
farmers, 130 laborers, 19Merchants, and 49 no
occupation. Of the 373 females, 68 are wives
of farmers, 28 wives of laborers, 24 daughters
of farmers, 16 wives of merchants, and 160 no
occupation.
Between the ages of 20 and 30, the cases of
insanity (male and female) numbered 224
between 30 and 40, the number is 261
between 40 and 50, it is 177—between 50
and 60, the number is 80 ; and between 10
and 20, it is 110.
Among the causes of insanity are Bet down
the following :
Domestic trouble, 38 males-69 females.
11l health, 38 " 49 "
Grief, 0 " 3 "
Millerism, 1 " 3 "
Spiritual rappings, 1 " 0 "
Epilepsy, 22 " 9 "
Intemperance, 23 " 1 "
Novel reading, 0 " 2 "
The social condition of the inmates is as
follows :
MALES. FEMALES. TOTAL
Married, 180 181 361
Widowed, 25 49 74
Single, 320 ~ 143 463
THE STATE CONVENTION
On Thursday next, the 4th of March, the
Democratic State Convention will meet at
Harrisburg to nominate candidates for Judge
of the Supreme Court and Canal Commissioner.
We earnestly hope the action of the Conven
tion may be harmonious and prudent, yet at
the same time bold and unequivocal. The
Pennsylvanian very truly says: " The duty
of the State Convention is plain. Let the reso
lutions be in full unison with the Kansas
policy of Mr. Buchanan, and then they will
faithfully reflect Democratic sentiment in the
State, and place the party openly and honestly
in its true position. This is not the time for
shirking a duty. The crisis demands bold,
vigorous party action, and such the Democra
cy expects from their Delegates to the 4th of
March Convention. The Democracy of Penn
sylvania are in favor of the Kansas policy of
Mr. Buchanan, and the State Convention
SHOULD BAY 80 IN THEIR RESOLUTIONS."
REPUBLICAN CONVENTION.—The Black Re
publican Convention, which met at a private
room of Herr's Hotel: on Monday evening,
passed a resolution instructing Lemuel Todd,
of Carlisle, the Chairman of their State Com
mittee, to call a Convention for the nomination
of a State ticket "on some day not earlier than
the lst of July next." John A. Fisher, Esq.,
of Harrisburg, presided over the Convention,
and Geo. S. King Esq., of Cambria, acted as
Secretary. The attendance at the meeting was
small, and it was generally regarded as a
grand failure.
"THE DAILY EXCHANGE."
This is the title of a first-class daily paper
just established at Baltimore, by Messrs. Chas.
G. Kerr, and Thos. W, Hall, Jr. The paper,
in our opinion, is decidedly the neatest in
typographical appearance of any published in
the "Monti'Mental City." The editorials give
evidence of great ability, and are characterized
by sound, conservative, patriotid views. The
paper is neutral in politics. It is a fine addi
tion to the many already ably conducted papers
in Baltimore, while by the way itisnot behind
any of our metropolitan cities in this respect,
but a good deal ahead of some of them. We
.
tender the proprietors our warmest wishes for
their neon.
DEMOCRATIC COUNTY CONVENTION ,
LANCASTER COUNTY SPEAKS!
President Ilnehanan Nobly Sustained!
Agreeably to notice, the delegates elected in the different
wards, boroughs and townships of Lancaster county, met
at Fulton Hall, on Wednesday the 24th of February, 1558,
for the purpose of electing delegates to the State Conven
tion, to be held at Harrisburg on Thursday nark
For the purpose of a temporary organization, Gen. Geo.
M. 5T8D0141.3 was called to the Chair, and CHABLIS H. MU-
M , and CHARLES J. 'Monts, Esqrs., appointed Secretaries.
[Upon taking the Chair, Gen. STSINMAN made some happy
and pertinent remarks, thanking the Convention for the
high honor they had conferred upon him, and invoking
harmony and unity in their deliberations. His remarks
were well conceived, 'eloquent and impressive, and were
loudly responded to by the multitude present ]
The following gentlemen presented credentials of their
election, viz:
Adamstown—Henry Stauffer, Elias Redcay. Henry Ech
ternach.
Bart—William Picket. Harrison Graham. Christopher
Graham, Amos Hockey, Frederick Flick.
Brecknoek—Reuben E. Shober, WSW Messner, Henry S.
Wicket, Jacob Henninger, net Keind.
Csernarvon—David E. Williams, Samuel McCormick,
Charles D. Arters, Dr. B. F. Bunn, Edward D. White.
Clay—Not represented.
Coleralu—S. W. Swisher, H. R. Whiteside James H.
Scott, William H. Whiteside. William N. Galbraith.
Columbia—N. W.—Paul Hamilton, John C. Meldrurn,
Samuel F. Eberlln, Samuel T. Wilson,
Jacob S. Reath.
S. W.—F. H. Ebur, James Collins. Lewis
Tredenlck, Scott Patton, Morgan
Hayes.
Cocalico East—Cyrus Ream, Col. Andrew Ream, Elias
Weitzel, Samuel Bucher, Emanuel Hinkle
Cocalico Wart—Not represented.
Conestoga—John Martin, John Kolp, S. S. Welsh, A. R.
Hess, Herman Kuhn.
Conoy—Emanuel Nagle, Peter G. Emertch, Abraham
Collins, Frederick M. Grann, John H. Smith.
Donegal East—Jacob Spiese, P. J. Albright, Abraham
Geltmacher, John Houseal, Wm. Pinkerton.
Donegal West—J. Diffenderfer, Henry Funk, Matthias
Shenk, Abraham Kaylor, John Gross.
Drumore--Isaac Rogers, John McSparran, George R.
Hastings, Sanders McCullough, Clarkson Jeffries.
Earl—W. Seeger Darrow. Amos D. Smoker, Jacob P. '
Hell, Alfred Ellmaloef, Isaac Holl.
Earl Eaet--Aaron Stauffer, George Duchman, Levi Rex,
William Newpher.Stewart Miller.
Earl West—John Forney, Mark Connell, Sr., Jacob Bus
ser, Henry Kafroth, Henry Fritz.
Ephrata—P. Martin Heitler, B. F. Hull, Dr. H. Rem
snyder, Samuel R. Nagle, George Nies.
Elizabethtown—James Wilson, Henry M. Breneman,
George W. Boyer, James Laird, Benjamin Sheerer. •
Elizabeth—Joseph S. Keener, James H. McCausland.
George Biemesderfer.
Eden—Henry 11. Breneumu, James Montgomery. Jr.,
James C. Ewing, Robert Evans, Isaac hi. Weaver.
Fulton—Amos Lyle, Samuel Wicks, W. F. Jock ins. John
Kennedy, Samuel W. Scott.
Hemptield East—John Hoffman, Dr. Samuel Parker,
Daniel 0; Smith, Jacob Setter, Dr. G. Groff.
Hempfield West--Geore,e Rettew, Henry M. Weller. Mich
ael Sneath, David Weidler, Joseph H. Friday.
City—N. W. W.—John R. Russel, Charles It. Frailey, H.
Blickensderfer, Col. John Rankin, Geo.
W. Brown.
N. E. W.—Henry E. Leman, 11. B. Swarr, John
Lippencott, Charles M. Howell, Francis
Gillespie.
" S. W. W.—Dr. Henry Carpenter, Frederick Coon
ley, Gee. Sanderson, Gee. M. Steinman,
James Peoples.
" S. E. W.—Christina Widmeyer, John 11. Reigart,
John Witlinger, Davis Hitch, S. J. Mor
rison.
Lancaster Township—Benjamin Huber, John Frain-isms,
Henry Fisher.
Lampeter East—Joel L. Lightner, Henry W. Gera, Lytle
Carothers, Henry Keneagy, J. 13. Rowe.
Lampeter West—Jacob Kautz, Benjamin Leaehy, Samuel
Long.
Leacock—John L. Lightner, Samuel F. Foster, C. J.
Rakestraw, B. F. 8011, G. 11. Eckert.
Leacock Upper—Dr. A. S. Bare, Dr. Isaac C. Weidler,
Isaac L. Bard, Michael Bender, Washington Simmons.
Little Britain—Dr. J. P. Andrews, Wallace Hays. B. S.
Patterson, Morris Reynolds..fr., John W. F. Swift.
Manheim Borough—Jacob 6. Cross, A. J. Eby, David
Wolf, Benjamin Donavin, F. 11. Arndt.
Manheim Township—Benjamin Eby, Joseph Wisner,
George Hambright, John Hoffman, Ephraim Pfautz.
Manor—Col. Joseph Shoch, Park Mason, Jacob 0. Peters,
George G. Brash, Charles J. Rhodes. =
Martic—William E. Ramsey, Jacob Otto, Dr. G. W.
Smithson,Samuel S. Kirkwood.
"Marieti-John W. Clark, James Duffy, Dr. Jno. Ilustou,
Charles Kelly, Lewis Houseal.
"Marietta—Joseph Buchanan, Philip Deitrich, E. P. Trai
ner, John Judy, Dr. James Cushman, Samuel Loucks.
Mount Joy Borough—John H. Brenneman, A. D. Reese,
Henry Shaffner, H. B. McNeal, Joshua Leader.
Mount Joy Township—Not represented.
Paradise—Dr. J. J. Strewn, Joseph S. Lefever, Amos A.
Hank, John Gibbons, Pennock Nichols.
Penn—Benjamin M. Stauffer, James 31c31ullin, Samuel
Plasterer, Emanuel Keener, IL R. Hull.
Pequea—Michael Zercher, Abraham Lenhart, Daniel
Fulton, Daniel Conrad, Cornelius Tyson.
Providence—Dr. John K. Raub, 11. L. Thompson, Amos
Winter, Thomas Robinson, William McMullin.
Rapho—Thomas Masterson, Henry Shelly, Michael
Becker.
*Sadsbury—James Boon, Wm. Noble, Jacob R. Townsend,
Franklin Homsher, Jos. Risser.
"Sadsbury—Wm. F. Baker. N. Gillespie, Isaac Walker.
Salisbury—S. J. Boone, David Kurtz, B. F. Houston.
Thomas S. Mcilvain. Dr. John Wallace.
Strasburg, Borough—Wm. T. McPhail. Samuel P
Daniel Miller, Issucher Reese. B. Frank lbach.
Strasburg Township—Franklin Clark, Henry Spindler,
David Potts, Simon Raub, Martin Barr.
Warwick—Dr. Levi Hull, Samuel E. Keller, C. It. Kry
der, Clement Geitner, It. It. Tshudy.
Washington Burough--Gotlieb E. Sehner, John Charles,
David Miller, Jacob Bare, Jacob Allison.
"Contested.
[There being two setts of delegates from Marietut and
Sadsbury—the contestants were heard ou the floor of the
Convention. after which the following named delegates
were admitted, viz:
The Marietta claimants, headed by Joseph Buchanan,
by a vote of 33 to 8.
The Sadsbury claimants, headed by 'William F. Baker,
by a vote of 24 to 17.
This result gave rise to some unpleasant feeling—the
gentlemen ruled out complaining that they were unfairly
treated. Several of the districts declined voting on the
question. It Is but right to state that the difficulties In
Marietta and Sadsbury were purely of a (soul
and had nothing whatever to do with National or State
questions. Had the rejected delegates obtained their seats,
they would have voted, with hearty good will. to sustain
the National and State Administrations.l
The following gentlemen Were then elected perl
officers of the Convention
PRESIDENT
Gen. GEORGE M. STEINMAN, City.
VICE PRESIDENTS
Dr. JOHN K. RAUB, Providence.
SAMUEL P. BOwER, Strasburg Bor.
GEORGE G. BRUSH, Manor.
JOHN LIPPENCOTT, City.
MARK CONNELL, Sr., West Earl.
BENJAMIN DOMAN'S, Manheim Bor .
JOHN CIIARLES, Manor.
Dr. ISAAC C. WEIDLER, Upper Leimok
H. W. Gem, East Lampeter.
• AMOS A. HALE, Paradise.
DANIEL FULToN, Pequea.
ISAAC ROGERS, Brian,Ore.
JOHN FORNEY, West Earl.
REUBEN E. PROBER, Brecknck.
Dr. H. REEMSNIDER, Ephrata.
Dr. LEVI HULL, Warwick.
SAMUEL F. FOSTER, Leacock.
THOMAS S. MclLvain, Salisbury.
JOSEPH S. KEENER, Elizabeth.
JOHN MeSPaarian, Drumore.
Dr. SAMUEL PARKER, E. Henapheld
CYRUS REAM, East CoCalico.
SECRETARIES:
Charles It. FraHey, City.
Charles J. Rhodes, Manor.
B. F. Holt, Leacock.
H. B. McNeal, Mount Joy Bor.
H. Funk, West Donegal.
The following named persons were then place,' in went
nation for delegates to the State Convention
Col. Joel L. Lightner, East Lampeter.
Col.. John Rankin, City.
Charles J. Rhodes, Manor.
Gen. George M. Steinman, City.
Dr. John K. Rauh, Providence.
Jacob E. Cross, Manheim Bor.
B. B. Gondar, Strasburg Bor.
) John M. Weller, West He'upheld.
John Forney, West Earl.
Henry H. Breneman, Eden.
Thomas Cox, City)
Joseph Buchanan, Marietta.
Dr 11. Iteemsnyder, Ephrata.
Col. Andrew Ream, East Cocallco.
A. Z Ringwalt, Earl.
George W. Boyer, Elizabetlitow
Paul Hamilton, Columbia.
Dr. J. J. Strewn, Paradise.
Thomas S. Mcllvain, Salisbury.
John 11. Brenneman, Mount Joy Bori
Dr. J. P. Andrews, Little Britain.
On motion of Capt. GEO. SANDERSON, the following Com
mittee was appointed to prepare resolutions expressive of
the souse of the Convention, Capt. Geo. Sanderson, Dr.
John K. Raub, H. H. Breneruan, William T. McPhail, Dr.
B. F. Bunn, John Spiess, Col. Joseph Schoch, Dr. A. S.
Bare, Joseph S. Keener, John 11. Smith, F. H. Ehor, John
H. Brenneman, B. F. Houston, W. Seeger Darrow, Jacob
K. Cross.
The Convention then took a recess until 2 o'clock, p. m.
AFTERNOON SESSION
Upon the re-assembling of the Convention, the Commit.
tee, through their Chafrman, Capt. GEO. SANDERSON, re
ported the following
Resolved, That whilst we, in common with many of our
Democratic friends in other States, would have been
pleased to see the Constitution formed at Lecompton sub
mitted as a whole to the people of the Territory of Kansas,
for their approval or disapproval—and whilst we agree
with the venerable and patriotic Chief- Magistrate of the
Union that, in the admission of now States hereafter, this
would be the proper policy as a preliminary measure ; yet,
that is a question solely for the people of the Territories
themselves to settle—and, so far as Kansas is concerned,
the delegates to the Lecompton Convention are responsi•
ble alone to their constituents, and to no other power
whatever, and any Interference either by Congress or the
people of the States, would be clearly a palpable violation
of the doctrine of popular sovereignty—a doctrine held
sacred by the Democratic party.
Therefore, be it farther
Resolved, That the doctrine enunciated by President
1311CHANA:1, in relation to the admission of Kansas, in his
admirable Message of the 2d inst., and also in his Annual
Message to Congress, is the true Democratic doctrine, as
laid down in the Cincinnati platform—and that the
prompt admission of the new State into the Union, with
the Constitution formed at Lecompton, is the true, as it is
the best and speediest way of settling the difficulties which
have been inflicted upon the people of that Territory, for
the last three or four years, by the lawless and reckless
•men who have unfortunately controlled its destinies, and
who still (under the leadership of Eastern and Northern
Abolitionists) continue in a state of treasonable rebellion
against the authority of the General Government.
Resolved, That it is the unanimous sentiment of the
Democracy of Lancaster county, the home of our distin
guished President, that the Administration of JAMES Be •
cuarrms is fully entitled to the confidence of the American
people, and we therefore bespeak for it the hearty and
zealous support of the Democracy of Pennsylvania. Let
us, with one heart and one mind, take care of the "favor
ite son" of the old Keystone, and he will take care of the
Union by "crushing out" the last vestige of political Ab
olitionism from our borders.
Resolved, That Messrs. CABB, COBB, FLOYD, TIMIDLY,
Snows, Tuoitssoa and BLACK, (the latter an eminent
Jurist from our own State,) the Cabinet Council of the
President, are men eminently qualified, by their great
talents and experience, for the exalted and responsible
positions they occupy, and deserve the unlimited confi
dence and esteem of the American people.
. .
Resolue, That we cordially endorse the Administration
of Governor WILLIAM Y. PACKER. He has surrounded him
self with an honest, able and well-tried Cabinet, and we
have every reason to believe that his course as Chief Mag
istrate of Pennsylvania will redound to his own fame, and
to the welfare and prosperity of the Commonweath.
Resolved, That the talents, integrity and patriotism die
played by ex-Governor WILLIAM Maus, the distinguished
representative of the Democracy of Pennsylvania fn the
Senate of the States—his unanswerable argument in
reply to Senator Donates, and the great ability with which
he sustains the Administration on all the leading ques
tioni of the day, merit the heartfelt thanks of the people,
and they will not fail to reward him with their warmest
approbation.
Resolved, That the President of this Convention he in•
structed to appoint the Chairman of the County Commit
tee for the ensuing political year. .
After reading the resolutions, Capt. Sszmeesok briefly
addressed the Convention. He said, in anbstance. that the
resolutions were unanimously adopted t - the Committee.
and he believed they were the honest sentiments of a large
majority of the people. It was right andiproper that here.
in Lancaster county, the borne ofJektes BiCHIMAN. amongst
his neighbors and friends—many of wilom have known
him intimately for twenty, thirty, forty years—the Democ
racy should heartily and unanimously stestain his admin
istration. He was sure there was not a Democrat within
the sound of his voice who had not the most unlimited
confidence in Mr. BUCHANAN'S honesty. Integrity and up
rightneas of purpose. and who did not believe that his
administration would go down to postririty as one of the
most brilliant the country bad ever known. His remarks
were loudly and enthusiastically cheered. and the resift
tions were then unanimou.dy adopted by;the Convention.
After the above resolutions were disposed of. Dr. LEVI
Hai, of Warwick. submitted the following resolutions:
Resolved. That the Democracy of Lancaster county intro
rate the immediate admission of Kansas into the Union
under the Lecompton Constitution--CongreAs clearly and
unequivocally recognizing in the act of adm i ssion the righth
of the people of Kansas to alter, amend; or change their
form of ..rovernment at will.
Resolved. That it is clearly the sentimant of this Conven.
lion that the Investigating Committee, recently appointed
in Congress. under the resolution of Alr. Harris, of Illinois,
should be afforded every facility for successfully conducting
their investigations, and that any and 'every attempt to
nullify and defeat the objects for which said Committee
was created, meets the unqualified disapprobation of this
Convention.
The resolutions were briefly discussed by Messrs SANDER
SON, HE'LL, SWAMI, PARSER and BARE—when n vote was
taken and the first resolution adopted. after being amended,
on motion of JOSEPH S. KEENER, Esq., so as to read after
the word Union, and before the word Cengress. the words
"under the Lecompton Constitution." [We have inserted
the amended resolution above—the amendment having
been accepted by Dr. Gm.] The second resolution was
voted down without a dissenting voice.
The Convention then proceeded to ballot for delegates to
the State Convention, with the following result: [The
names of Dr. John K. Raub and John M. Weller were
withdrawn before the balloting commenced.]
FIRST BALLOT.
George M. Steinman had 44 votes.
Joseph Buchanan " 28
A. Z. Ringwalt 25 a
Jacob E. Cross " "
Joel L. Lightner .‘ 22 -
Paul Hamilton
Charles .1. Rhodes
H. R. Brenemau
J. 11. Brenneman " 15 "
Col. John Rankin
" 12 - ••'Dr..l. P. Andrews
Thomas S. Mcli vain " 12 t•
Dr. IL Reemauyder 9
John Forney CS 564
B. B. Bonder " 4
Col Andrew Ream " 5 "
Dr. J. J. Straws 2 1
Thomas Cox " .2 "
Forty-nine votes were cast in all. .Messrs. STEINMAN,
BUCHANAN and RINOWALT, having a majority, were declared
elected by the President.
[The names of Messrs. Bonder, Forney, Boyer and Stt awn
were then withdrawn from the list of numivations.
The Convention proceeded to s sneottki s ballot. with the
following reFult
H. 11. Breneman
Jacob E. Cross
Charles J. Rhode
Joel L. Lightner
Paul Hamilton
Col. John Rankin
John H. Brenneman
Thomas S. Mei'vain
Dr. H. Reemsuyder
Thomas Cox
Col. Andrew Ream
Mr. BRENNEMAN, having received a majority of all the
votes cast, was declared elected.
It was then on motion resolved, that. Messrs. JACOB E.
Caose and C. J. Riming being the next highest in vote, be
declared elected.
The President then announced that Messrs. GEORGE M.
STEINMAN, JOSEPH BUCHANAN, A. Z. RISC WALT, II ENIIT H.
Boexcuax, JACOB K. CROSS and CHARLES J. RHODES, were
duly elected Senatorial and Representative Delegates, to
represent Lancaster County in the ensuing Democratic
State Convention of the 4th of March.
The following resolution was then offered by Dr. Jowl
K. Rare, and after being discussed by Messrs. Raub,
Swarr, Hull and Parker, was adopted by a large majority:
lt,solved, That the confidence of the Democracy of Lan
caster county in the Hon. OEOBne SHARSITOOD, as expres
sed in the last State Convention, remaihs undiminished,.
Ile was first appointed, many years ago, President Judge
of the District Court of Philadelphia, by that pure patriot
and excellent Chief Magistrate, Governor Sautes; and,
subsequently, by a unanimous nomination of the Demo
cratic Convention, and a unanimous vote of the people of
Philadelphia. continued in the same high station which lee
has so long oignitied by his great learning and eminent
ability as a Jurist. We, theretlwe. the representatives of
the Democracy of Lancaster county, MI hereby instruct
the delegates from this county to the ensuing State Con
vention, to vote for him for the office of Supreme Judge,
and to use all proper efforts to effect his nom juat joo—bt.-
I Teeing, that with Judge SHARSWOOO upon our ticket, a
glorious victory awaits the Democracy of the State in Octo
ber next.
The President of the Convention, in accordance with the
power vested in him by resolution, 'appointed U.
SWAIM, Esq., Chairman of the County Committee for the
ensuing political year.
The Convention then adjourned sine (die.
DEATH OF JUDGE KANE
The telegraph on Monday week brought
the sad intelligence of the death of Judge
Kane—the father of that Kane 'whose immor
tal name is carved in the icebeigs of the Arc
tic seas, as well as the hearts of his admiring
fellow countrymen—and one lof the ablest
I members of the judiciary in the State. He
died at his residence, Fern Rook, in the 22d
ward of Philadelphia, of pneumonia, or inflam
mation of the lunge, after a few days illness.
Judge Kane has held various posts of honor,
State and National. He was a member of the
State Legislature in 1823-4, app i ninted Solicitor
of the city of Philadelphia afterwards, : then
appointed by President Jackson one of the
Commissioners to settle claims between this
country and France in 1831. Gov. Shunk ap
pointed him Attorney General of the State, in
1845—a flattering testimonial of the high
esteem held of him by that beloved Executive—
which he resigned to receive the appointment
of District Judge for the Eastern District of
this State, tendered him by President Polk, a
I post that he held to the time of his death.
I From the commencement of Gen. Jackson's
career to the present time he has ever been a
consistent and prominent Democrat, and
though his devotion to the great principles of
the party have often brought upon his head the
bitterest denunciations from pdlitical foes, he
I steadily pursued the course that to him seemed
right, and now has gone down to the grave
with an almost unanimous popular verdict in
sustainance of his integrity.
BANK TRICKING
Col. Hodgson, one of the Representatives from
Chester county, and editor of thb West Chester
Jeffersonian, writing to that paper from Harris
burg, says that "a beautiful comment upon
the present Banking system is mentioned in
connection with the acts of the late legislature
in passing the batch of bank bills which Were
allowed to go into operation by Governor Pol
lock without his signature. It, appears that a
company of Buffalo brokers were principal
movers in the matter ; who, having secured
the command of the Tioga Bank, took the new
notes of that bank, and started therewith the
Meadville Bank ; having got hold of the two,
they undertook to set afloat the third at
Hollidaysburg. The people of that place, how
ever, refused to have anything to do with
it upon discovering the trick of the Tioga note
scheme; and hence, although the plates of the
Hollidaysburg Bank were engraved, the scheme
failed. I understand that these Buffalo Bro
kers have succeeded in obtaining the command
of a Bank, not many miles from Philadelphia, by
means of sixty thousand dollars of Tioga Bank
notes. We mention this fact in order to put
the people of Chester county oh le look out,
should there be any unfair attempt made to
put these notes in circulation. If these brokers
can keep three or four Banks in good repute by
the use of each other's notes, and with a bare
eapital of $60,000, it will be well enough; but
the whole matter is looked upon here as an
attempted fraud." A similar trick it would
seem was attempted at the opening of the
books for the Phoenixville Bank.
Tui DIFFICULTT SETTLED.—The difficulty
between Messrs. Clay and Cullom was adjus
ted on Tuesday afternoon; Senators Johnston,
of Arkansas, and Brown, of Mississippi, un
dertook its settlement on the part of Mr. Clay,
and Messrs. Underwood, of Kentucky, and
Zollikuffer, of Tennessee, on the part of Gen.
Cullom. They failed to make a satisfactory
arrangement. The affair was then referred to
Senators Toombs and Crittenden, who settled it
in this way: Mr. Clay disclaimed any intention
of insulting General Cullom by what he said
at the time of the quarrel, and Cullom apolo
gized for the blow.
ger The Democratic State Convention will
meet at Harrisburg, on Thursday next.
CITY AND COUNTY AFFAIRS•
TRAVELING AND MAUL ARRANGEMENTS
-13 RAILWAD. — W .. 'annex , he following “time
table" for thA ^onvenience of the traveling commualty
- .
Columbia Accomd'n Train leaves Columbia at 7.40 a. m.
" " Lanutster at 9.20 a to.
Throneb V.vprmics L9 , 1, - tor it 9.39 n. rri.
Altoona Wan Train leaves Lancaster at 1.40 P• m•
Fast Hail Train leaves Leinritstrir at 9 44 p. m•
GOING Wi5T,
Thrsasgli Express Train leaves Lancaster at 2 0 , ,a. m.
Altoona Way Train leaves Lancaster at 1130 a. m
Fast Nell Train leaves Lancaster at 3.55 p
Columbia Accomd'n Train leaves Lancaster at 6.50 p.
THE HOWARD EVENINGS.—The second lec
ture of the Howard course was a most successul effort
Fulton Hall, on Friday evening, was crowded to its utmost
extent by a brilliant audience, one of which any lecturer
might well be proud. "The Present Aspect of Society at
Large. in regard to General Improvement" was the theme
upon which the Rev. Droßowataar discoursed. It is not
necessary to say that the subject was ably handled; the
Dr. never does anything by halves. For beauty of thought,
originality of conception, easy and graceful delivery, Dr.
BOWMAN has few superiors. He was listened ,to with the
greatest respect, and at the conclusion was greeted with a
tremendous shower of applause.
After the lecture a di.assion, ensued, which was par
ticipated in by Gen. G.. M. Steinman, John Wise, Esq.,
Rev. Theo. A. Hopkins, Maj. A. D. Ditmars, A. H. Hood,
Esq., Prof. E. V. Gerhart and Rev. H. Harbaugh. The dis
cussion was rather interesting, with the exception of a
sprinkling of Black Republicanism which was attempted
. to be introduced, but promptly checked by the President,
Mayor Burrower.
The nxt lecture of the course will be delivered by Rev.
G, F. Kaorn, the young and gifted Pastor of Trinity
Lutheran Church. Duke street.
A BRILLIANT DISCOURSE.—TiIe funeral die
course of Rev. Dr. Llooasox. in the Duke St., M. E. Church,
on Sunday morning last, on the death of the Rev. BEVERLY
WAINR, D. D., Senior Bishop of the Methodist Episcopal
Church, was a brilliant effort. The Dr. was in his best
style for preaching, and the elltject gave him an opportunity
for displaying his floe oratorical powers.. Bishop . WATIGH
was universally beloved by his Church. and when the Dr.
paid an eloquent and feeling tribute to his exalted worth
many of the congregation were deeply affected. It will be
remembered by many of our city readers that the deceased
Bishop presided over the Philadelphia M. E. Conference,
held in the Duke Street Church, three years ago. The
sermon wo.s. undoubtedly, one of the ablest, most eloquent
and feeling ever preached in that church.
TUE COLDEST DAY.—Wednesday last was
thn ~ o ldest day of the season—the Therinometor ranging at
8° below zero. Rosy cheeks and red noses were at a pre-
DESPATCHER OF MAILS.—Mr. DAVID REESE
has been appointed, by the Postmaster General, Despatcher
of Mails from and to the Post Office and Depot In this city.
The mail horse and wagon have taken the place of the old
wheelbarrow express line, which Is a decided Improvement.
The thanks of the community are due to our worthy Post
master, and the P. M. General, lur the interest they have
taken in this matter. The person selected for the important
post is not only a sound and deserving Democrat, but one
of our most active and intelligent business men, and,
withal, a gentleman in the true sea.e of that word.
had 29 votes
22
TLIANKS.—The Ladies of the Dorcas Society
of the City of Lancaster gratefully acknowledge the receipt
of ten dollars from "a Lady in Paradise Township," for
through the Mayor. If the kind-hearted Ladies, in
the different parts of the county, could witness the painful
scenes of a Society meeting applicants for aid, and often
obliged to Bend them away unrelieved for want of means,
it is believed that many would imitate the noble example
of the charitable Lady whose gift we now acknowledge
IMIMI
=Mil
PENSIONS AND GRATUITIES GRANTED. —UOI.
William S. Amweg received n letter, on yesterday week,
giving him official information of the granting of a pension
and gratuity to our good old Democratic friend, Capt. Geo.
Llitzelberger, of the glorious South West. Ward, a soldier
of the Indian War and the War of 1812. The Captain
served in the Indian War in 1793. and was a Captain in the
War of 1812. He is now in the 78th year of his age, in the
enjoyment of good health, and more active than many siren
of half hie years. The pension to those who volunteered
prior to the Granville treaty, iu 1795, is $lO a year, with a
gratuity of $4O. We congratulate the Captain upon this
measure of justice to a veteran and worthy native soldier.
We trust that there ate yet many years of health and
prosperity in store for him.
THE HOWARD AO3OCIATION.—The Executive
Committee held their regular weekly meeting on Thursday
evening, tu the C.Ill1(11..11 C mocil Clounb,r, City Hall, when
the following report of the operations was presented :
Orders paid out to Saturday. the 20th instant:
For N. E. Ward-11 (Multi., 31' persona. amount, 5.10.10
•• N. W. Ward-34 140 •• 34.40
S. E. Ward-41 •• 170 35 70
lEZMMMiIMI3I
The following resolutions were adopted
Resolved, That the Association resume paying orders on
Saturday next. and continue until Wednesday evening
next ; and that the Block Committees be again urged to use
increased circumspection in granting orders.
Resolred. That the thanks of the Association be tendered
for the following contributions: To the 'Washington En
campment of the Independent Order of Odd Fellows, $25:
to the Tribe of Independent Order of Rod Men,
$10; from an individual at Lampeter, $5; and front another
at Paradise, $lO.
GRADUATIONS.—SeveraI young noon have
recently been examined In the principles and practice of
Double Entry Book-keeping In the ••Lancaster Mercantile
College," and by their comprehensive answers and practical
demonstrations of the most critical points of the science of
accounts, have fully established, iu the minds of those
present. the superior advantages of instruction in the class
room. If all our business men had the advantages of such
training, there is no doubt that they would often have
more timely entice of danger, and might, thereby, be en
abled to shape their business in such a way as would save
them from heavy losses. This idea should not be lost sight
of by those preparing to enter into business. •
PRESENT TO PRESIDENT BUCHANAN.—O❑
Wednesday afternoon last, fifty pounds of choice beef, from
the large steer slaughtered, on the 22,1u1t.. by Mr. William
F. Miller, of this city, were sent as a present to President
Buchanan, by a number of his friends. This beef was sold
for arty cents per pound.
A CASE OF SHOOTINO—DEATII THE RESULT—
No ARREST MADE.—It is well known that there is a
public gallery for rifle and pistol shooting in the third
story of Fulton Hall kept by Mr. J. Bolton, who has been
considered not only a good marksman but a very clever
fellow. Citizens and strangers constantly visit the gallery
either for practice in marksmanship or to witness the skill
of others; and with all classes Mr. Bolton, by his courtesy
and agreeable manners, had made himself highly popular.
It may be jddged, then, with what surprise his friends
heard a report a day or two ago, that he had deliberately
aimed his deadly rifle at the head of an unoffendiug fellow
creature, who instantly fell dead in his presence. The com
motion caused by this announcement, however was very
materially diminished when the whole of the facts came
to ho known; for though the report was true, it was dis
covered that the "fellow-creature" who met with such an
untimely end was none other than the big steer of Mr. W.
F. Miller, which was slaughtered at Trout's tavern
on Monday the 22d ult. As Mr. Miller wished to have
the killing artistically done, he secured the services of Mr.
Bolton for that purpose, who dropped the overgrown brute
instantly on the first fire, without once imagining the
town was to be set in an uproar by so simple a perfer
mance.—Erpress.
IMPORTANT BILL.—The following bill has
been introduced into the Senate, by Gen. Sun.oeyun, the
attentive Senator from this county. It was prepared at
the instance of the City Councils, and will doubtless be
come a law
A further Supplement to an Act entitled " An Act to In
corporate the city of Lancaster, passed 20th March, 1818."
SEC. 1. Be it enacted dc., That the corporate debt of the
city of Lancaster, for all purposes, including the sinking
fund for the ultimate redemption thereof, is hereby limited
and restricted to the sum of three hundred and sixty
thousand dollars; and that from and after the passage of
this act, it shall not be lawful for the corporate authorities
of said ally, to incur any permanent debt or loan beyond
said sum, by any means, or for any purpose whatever.
SEC. 2. That iu case o f any sudden emergency, caused
by destruction or extensive injury of the Water Works,
Public Buildings, or any other structures belonging to
said city, and necessary to the health and convenience of
the citizens thereof, the expense of the reconstruction or
repairs whereof would be beyond the then existing means
in the Treasury, or at the command of said city, it shall be
lawful for the Councils of said city, by resolution, to au
thorize the Mayor to negotiate a temporary loan' sufficient
to meet such emergency ; which resolutioh shall distinctly
set forth the object, amount, and period of redemption of
said loan and the sums in which it may be received, such
period of redemption to be not more than one year, if
the amount be five thousadd dollars or under, not more
than two years, if over five thousand dollars and not more
than ten, and the same proportion for any greater amount.
And when making the next annual appropriation, after
effecting said temporary loans, and annually thereafter,
until the same be fully paid, it shill be the duty of said
Councils to make a specific appropriation of five thousand
dollars, for the payment of that amount of the principal of
the temporary loan now authorized, if so much be done,
together with such sum as shall pay the whole annual
interest thereof, in the usual manner, out of the taxes and
other means of said city, which shall be applied to said
purposes and no other. The power given by this section
to be resorted to and used, as often as emergencies of the
kind therein set forth shall arise, but for no other purpose
whatever. Provided, That the existing rate of taxation in
said city shall nut be increased by the provisions of this
section,
SEC 3. That it shall not be lawful for. the said Councils
to abolish or diminish the existing sinking fund of said
city.
SEC. 4. That so much of any act as is hereby altered or
supplied, or is inconsistent herewith, is hereby repealed.
THE LATE CHESNUT STREET FITLE.—A friend
sends us the following communication in reference to
There is not upon record in the annals of Lancaster city
any account of a fire so largely destructive in its effects.
Involving also a much greater loss than has ever heretofore
fallen upon any one individual in our city.
The destruction by fire, on Wednesday evening, the 17th
ult., of the very valuable and extensive Iron Works of the
the Hon. C. Kieffer, was total—leaving the whole edifice a
blackened mass of ruins, and machinery, tools, patterns,
stock, &c., valueless for any purpose to which they had
been formerly in use.
The loss in this calamity falls heavily upon the proprie
tor, who has always been esteemed one of our best citizens,
and who has contributed more largely, perhaps, than any
other in our community to the support of a large corps of
mechanics, to whom, also, this sudden deprivation and
suspension from labor will be seriously felt. In addition
to those more immediately concerned, there is a loss to the
general public and to enterprize which will be injuriously
severe.
In this loss the sympathy of a generous public is with
Mr. Kieffer, and whilst doubtless he fully appreciates the
kind feeling already extended towards him by his many
personal friends, yet still he must feel very sensibly the
force of this calamity; but, froth our personal knowledgs,
we know that he possesses, more largely than most men,
great equanimity by which he will be supported under this
affliction.
Thhi valuable property Wall only partially insured, leav
ing beyond all that a very great pecuniary, and not easily
to be estimated, lose to the proprietor.
lEEE=
=tl
ADMISSION OF KANSAS
IN SENATE, FEBRUARY 24TH
Mr. Buckalew, from the Select Committee
to - which was referred certain resolutions
relating to the admission of Kansas into the
Union as a State, m•tde the following report:
That the Committee, in addition to report
ing back to the Senate the resolutions referred
to them—the one with a recommendation that
it he indefinitely postponed, and the other in
an amended form—deem it proper to state the
grounds upon which their action is founded.
So pertinacious and vehement have been
the efforts to render this message of admission
obnoxious and unpopular, and so much is the
peace and harmony of the country involved in
a correct understanding of it, that your com
mittee believe that. some examination of the
subject in the Legislature, to be followed by
the-expression of its judgment, in the form of a
resolution, will disabuse the minds of many
from false impressions, and have a salutary
effect upon public opinion.
Our experience in Pennsylvania in making
and amending constitutions may be examined
to aid us in solving the difficulties of this
Kansas question. For that purpose some
reference will be made to our own constitu
tional history. In 1776, in consequence of a
circular from the Committee of Safety of
Philadelphia, to the committee of the several
counties enclosing the resolution of the Con
tinental Congress of the 15th of May, mem
bers were appointed from the several counties
to a provincial conference, which met in Phil
adelphia on the 13th of June, and adjourned
finally the 25th of the same month. This
conference recommended the election of dele
gates, -to assemble in convention, and form a
Constitution for Pennsylvania, as an indepen
dent State, and provided the manner in which
the elections for that purpose should be held.
In consequence of this recommendation,
delegates were chosen by the people, who
assembled in Convention on the 15th day of
July, 1776, and proceeded to form the Consti
tution of that year, without submitting it to a
vote of the people or other process of ratifica
tion.
That Constitution, it will be seen, had a
revolutionary origin, and continued in force
fourteen years, until 1790. It contained some
faults which disturbed its practical operation.
The Legislative department consisted of a
single body, as in colonial times, and the
Executive consisted of a Council and President.
the latter being selected by the joint vote of
the Council and Assembly. A council of
censors was also established, who were to
review, from time to time, the conduct of the
different departments of the government, and
report to the people any violations of the Con
stitution by either; and they were empowered,
by a two-third vote of their number, to call
a Convention to amend the Constitution. A
single legislative body, a plural executive, and
a censorial council to criticise official action,
but without power to enforce its judgment,
were the three capital errors of that Constitu
tion ; and the arrangement fur amendment
through the action of the censors was found to
be impracticable. A majority was in favor,
at one time, of a Convention, and at another,
against it; but at no time could an affirma
tive two thirds vote be obtained. Finally,
under the pressure of necessity in favor of
change, the subject was taken up by the Leg
islature, and on the 24th of March, 1789, in
General Assembly, resolutions were adopted
setting forth that alterations and amendments
to the Constitution were immediately neces
sary : reciting from the Declaration of Inde
pendence the assertion of the right of the
people to alter or abolish their government,
and to institute a new one, and also the clause
of the bill of rights in the then existing Con
stitution—" That government is, or ought to
be, instituted for the common benefit, protec
tion and security of the people, nation or
community, and not for the particular emolu
ment or edvantage of any single man, family,
or set of men, who are a part only o•f that
community—and that the community hat h an
indubitable and unalienable right to reform,
alter or abolish government in such mariner
as shall be to that community judged most
conducive to the public weal." From
all which, as well as the mature of society and
'the principles of government, it manifestly
appeared that the people have, at all times,
an inherent right to alter and amend the form
of government in such manner as they shall
think proper ; and that they are nut and can
not be limited to any certain rule or mode of
accomplishing the same, but may make a
choice of such method as may be best adapted
to the end proposed, and that further reasons
assigned the delay of the mode prescribed in
the Constitution for amendment ought not to
be admitted. It was therefore proposed and
earnestly recommended to the citizens of the
Commonwealth to take this subject into their
serious consideration, and, if they concurred
in opinion with the Assembly, that a Con
vention for the purpose of revising and altering
the Constitution of the State ought to lie
called. It was submitted to them whether
it would not be convenient and proper to elect
members of such Convention at the nest
general election, and that, upon their pleasure
being signified at their next sitting, it would
provide by a law the time and place of the
meeting of the Convention, and for the pay
ment of expenses incurred thereby.
These important resolutions were adopted
by the decisive vote of forty-one to seventeen.
At its next session the General Assembly
called aConvention "for the purpose of review,
and if they see occasion, altering and amend
ing the Constitution of the State." The reso
tions for that purpose were adopted by a vote
of thirty nine tc seventeen, on the 15th of
September, 1789. These legislative proceed
ings resulted in the Constitution of 1790, and
would seem to stand justified by the reasons
assigned, and by the further one, that although
the Constitution of 1776 provided a mode of
amendment, it did not forbid other modes;
and that therefore the ordinary law making
power could not initiate the necessary pro
ceeding of change. That Constitution of 1790
was proclaimed by the Convention and put in
force by it, without any submission of the
instrument or any part of it to a popular vote.
It remains in force till this day, a period of
sixty eight years, modified only by certain
amendments to which it has been subjected.
In 1825 a law was passed by the Legisla
ture for taking the sense of the people upon
the question of a Convention to make amend
ments. The proposition was, however, reject-
ed.
Ten years later—in 1835—a law was passed
entitled "An act to provide for calling a Con
vention With limited powers." It provided
for a vote, "for the purpose of ascertaining
the sense of the citizens of this Commonwealth,
on the expediency of calling a Convention of
delegates, to be elected by the people, with
authority to submit amendments of the State
Constitution to a vote of the people, for their
ratification or rejection, and with no other or
greater powers whatsoever." The vote taken
in pursuance of this act was in favor of a
Convention, and by the subsequent act of the
29th of March, 1836, provision was made for
electing the delegates, and for the submission
of the amendments proposed by them.—
Without pausing to explain the particular
reasons which actuated the Legislature and
people, it is clear that the Convention of 1837
—3B, the members of which were elected with
reference to these laws, possessed only limited
powers. They could not form a new Consti
tution, nor abrogate the old, nor put their
amendments in force. They could only frame
propositions of amendment, requiring a vote
to give them validity.
Those amendments of. 1838 were adopted,
and the Constitution of 1790 was so far
changed as they expunged old matter or
introduced new. Among those amendments
was one in relation to future amendments,
which now constitutes the 10th article of the
Constitution, and provides that amendments
may be proposed by a majority of all members
elected to each House of the General Assem
bly at two successive sessions, which, upon
being approved by a public vote, will take
effect. Under this provision one amendment
was adopted in 1850, and four in 18,57. If
this provision regarding changes in the Con
stitution should receive the same construction
as did' the provision in the Constitution of
1776, it does not furnish an exclusive mode
of amendment ; and the Legislative power of
the State is competent at any time to provide
for calling a Constitutional Convention, the
powers of which, whether general or special
and limited, will depend upon the law under
which the delegates were 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 con-
struction must be accepted as the true one.
Let the facts of this sketch be applied to
the Convention and Constitution of Kansas,
and difficulties and misconceptions regarding
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 a Convention to form a Constitu
tion for Kansas. Subsequently, on the 19th
day of February, 1857, the Legislature passed
the law for the election of delegates to the
Convention.
The delegates were elected in view of these
facts, and their powers were, of course, gener
al, and similar to those of our Conventions of
1776 and 1790—the only conventional bodies
ever assembled in this State from whose hands
came forth an entire Constitution. The neces
sary Consequence is, that the Constitution
framed by the Kansas Convention would be
valid, and subject only to the acceptance of
Congress under that provision of the Constitu
tion of the United States which gives it juris
diction over the admission of new States. It
is not necessary here to inquire whether the
slavery clause of that idstrument stood .upon
different grounds from other parts of it: If
that be affirmed, the answer is, that it was
submitted to popular decision. If no such
legal obligation existed, it was not necessary
to submit it, and the doing so was a voluntary
act of the Convention, with reference to politi
cal reason and public expectation, rather than
legal course. The Constitution, therefore,
comes before Congress', a lawful instrument,
and sanctioned by ordinary legal and consti
tutional principles.
Now, upon questions of public or political
right, the whole country and all its inhabi
tants are under LAW, and judgment must be
given in favor of that party or individual whose
position stands sanctioned by it. If our
system were not so, through all its parts, it
would be worthless, and speedily dissolved
under the breath of revolution, or be struck
down by the strong arm of force. Nur is this
condition of things incompatible with true
liberty and freedom. Our system has abun
dant facilities for amendment, change and
reform, in connection with power to enforce
the existing laws and rights, public and pri
vate. And that people who cannot control
their passions, but will strike at the law or
constitution, otherwise than by legal and
orderly modes of amendment, are unfit for
free governments, and cannot long maintain
them.
The lawful and regular character of the
proceedings for the formation of the Kansas
Constitution, and the validity of that instru
ment as presented to Congress, having been
shown, and the argument illustrated by uur
own constitutional history, it remains to notice
some of the leading objections heretofore made,
and to give them a fair reply.
Ist. The objection that the Constitution is
unchangeable until 1864, is fully answered by
the citations already made from Pennsylvania
Constitutional history. We may conclude
that the same power will exist in the people
of Kansas to change their Constitution through
a regular process, as that exercised by our
own people in changing the Constitution of
1776. The eases are alike upon the question
of power, and the one is solved by the decis
ion of the other. Any one who accepts our
Pennsylvania practice as regular and lawful,
will not doubt that, upon admission, the peo.
pie of the new State of Kansas will have
power, through a Convention, to amend or
change altogether their fundamental law,
retaining in any case its republican form.—
This power stands upon the solid foundation
where our fathers placed it, and upon general
grounds of reason where a Constitution pro
vides for its own amhdment, the mode or
time so provided cannot be exclusive, unless
others are expressly prohibited.
Every presumption should be made in favor
of the popular right in legal instruments of
government, and the power of changing them
must remain entire, unless expressly limited
or forbidden. The Kansas Constitution, does
not forbid amendment before 1864, and it does
contain a declaration of popular power over
Constitutions similar to those quoted by our
Legislature of 1789, in a case precisely simi
lar to the present one.
2d. Upon the final adjournment of the
Kansas Convention without its submission of
the whole constitution formed by it to a vote,
objection was made to it upon that ground :
and a eon,titutionai philos•iphy altogether
novel was produced upon the occasion to
sustain that objection, by Robert J. Walker,
the Governor of the Territory. It may be
found expounded at large in his subsequent
letter of resignation, and it constitutes the
material point in the message of Mr. Secre
tary Stanton, to the Territorial Legislature,
on the Bth of DeCember, 1857.
It was this, shortly stated—that the people
cannot make or amend a constitution through
agents, sovereignty being indi
visible, a unit, and incapable of delegation,"
in whole or in part. The practical result
arrived at by Governor and Secretary, from
this doctrine, was the invalidity of the Le
compton Constitution, without a popular
vote upon the whole of it. Strange as it may
seem,all this is spread out in official documents,
and constitutes the leading ground of objec
tion by Governor Walker to the Constitution,
as stated by Nothing more untena
ble and more opposed to constitutional princi
ples, as understood and practiced in this coun
try, could he produced.
Doubtless under our republican system, the
people are sovereign, and constitutions must
proceed from them ; but they would no longer
be sovereign if stripped of the power of ap
pointing
agents or representatives to act for
them. Governor Walker quotes no authority
for his doctrine, except himself. He says he
stated it in an address in 1833, and again in
a pamphlet given to the country in 1856. It
is not perceived how its reputation can
strengthen it, and in the absence of reasons to
sustain it, and in the face of authority against
it, the most weighty and conclusive. Such
authority is furnished by the Constitution of
the United States, and by that of Pennsyl
vania. The farmer was prepared by a con
vention, the members of which were selected
by the State Legislatures, and it was ratified
by conventions in each State, elected for that
purpose.
No part of it was ever submitted to a popu
lar vote. The amendments proposed to it by
Congress in 1789, 1793, and 1803, were ratified
by the Legislatures of three-forths of the States,
pursuant to the fifth article of the Constitu
tion, relating to amendments. And now, and
hereafter, any amendment whatsoever may be
ratified by Legislatures or Conventions in three.
fourths of the States, upon being proposed by
two-thirds of both Houses of Congress; or by
a Convention tailed by Congress, upon appli
cation of the Legislatures of two-thirds of
the States.
will thus be seen that the sovereign peo
plNf Pennsylvania acted through their Leg
islature, in selecting members to the conven
tion which formed the Constitution of the
United States ; that on three occasions they
have ratified amendments to it through their
Legislature, and that by the fifth article, to
the execution of which they have bound them
selves, any future amendment may be proposed
by Congress, or a convention, (under certain
restrictions,) and ratified by Legislatures, or
con . ventionsin three-fourths of the States.
The only exception from this power of
amendment is, that no State can be deprived
of its equal representation in the Senate. And
in fact, with the exception of State represen
tation in the Senate, any and all parts of the
constitution may be cltanged, against the oppo
sition and protest of Pennsylvania, if other
States and Congress give it adequate sup
port. She has bound herself to all this by
becoming a party to the Union, and cannot be
relieved from her obligations by any refined
philosophy, whether proceeding from men of
distinction or not.
Such is the character of the constitution
making and amending power, as illustrated by
the Constitution of the United States. And
when we turn to our own State, the case is
equally clear. Both of our State constitutions
were formed by conventions; neither were
submitted to a popular vote ; and we are liv•
ing at this moment under a constituti on o
formed ; and it is madifvst that a new co,
ution might now be established through a
convention in the same manner, and having
equal validity with former ones.
•
The notice of this objection becomes impor
tant when we consider it as an assigned reason
of the difference between Gov. Walker and
the 'National Administration, leading to his
resignation, and also as the reasons stated by
Secretary Stanton for convening the Territor
ial Legislature in 1857, and recommending to
it the passage of an act for a vote to be taken
on the Lecompton Constitution. It is directly
connected with the conduct of those officials,
and distinct'y put forward by the latter as
the ground upon which the vote in January
upon the constitution could be justified.
Without this, according to the admission of
Mr. Stanton to the Legislature, there would
have been no legal pretence for the 4th of
January vote, and therefore the force to be
assigned to that vote will, according to him,
depend altogether upon the soundness of the
objection ; but ae•we have demonstrated that
the objection is wholly groundless—that not
only is it not sustained by authority or reason,
Luc it is utterly condemned by the high au
thority of the Constitution of the United States
and of Pennsylvania—the whole foundation
for the January vote is destroyed, and it stands
without validity, or force and effect upon the
constitution against which it was directed.
And at the same time the policy of the
administration, as against the Governor and
Secretary, is vindicated, and those officers
condemned, upon the ground selected by them
selves. It is undisputable that the people, in
selecting a convention to form a constitution,
may, and do, delegate to them the whole
power necessary to establish it, unless there
be some expressed limitation.
Flaiing thus shown the untenable nature
of the position assumed by Messrs. Walker
and Stanton, upon which they threw their
official influence against the constitutional
party in the Territory, and at the same.- time
demonstrated the futility of the January vote
by the failure of the reason assigned for it by
the man who recommended it, and whose
official act caused it to be taken, we might
conclude this part of the suject, but the warmth
with which the 4th of January vote is pressed
as an independent objection to the constitution,
will excuse something further on that point ;
and it may be confidently asserted, upon
general grounds, that not only was it without
legal effect upon the constitution, but was in
itself wholly irrelevant and void.
No Legislature in the country ever assumed
jurisdiction over the formation or ratification
of a constitution, except upon an express dele
gation of power for that purpose ; and the
assumption of such power by a representative
body, in the absence of express grant, must be,
of necessity, an usurpation, and its acts rela
ting thereto, wholly void. The taking
of the sense of the people on the ques
tion of calling a convention, and providing the
legal facilities for electing the delegates, rests
upon precedent and necessity ; but neither
reason extends the ordinary legislative power
to the subjects of formation and ratification,
If this were not so. the Legislature might
remove constitutional restraints upon itself at
its own pleasure, or assail other departments
of the Government in their jurisdiction ; and,
in the case of a Territorial Legislature, might
extend its own existence, or retain power in
the hands of its own party, against a constit
ution obnoxious to them. And the same reason
will apply against accomplishing the same
' ends, directly through a popular vote. Cer
tainly the Legislature cannot do through
others what they are prohibited from doing
themselves.
If the Lecompton Constitution was a valid
instrument prior to the 4th of January, which
has been proved, it would continue so until the
power of the people, acting regularly through
well-established and wellknown legal forms
and principles, should amend it, or substitute
another in its place. Certainly this can only
he done (in the absence of constitutional pro
vision) through a popular convention, where
deliberation and delay will secure wise and
just changes.
The destruction of a constitution after it is
once made, without the substitution of another
was never betlire heard of in the United States,
and such an attempt has no foundation . , either
in reason or law. The man who would assert
the power of our Legislature to submit the
constitution of this State to a public vote, and
upon a majority being given against it, that
it should stand annulled and destroyed, would
be justly regarded as foolish or insane. No
such revolutionary principles exist in our
political system, and we may hope the time
will be long distant before they are admitted
or practised.
3d. The objection made to admission which
has probably had some effect upon public
opinion, is that stated in Governor Walker's
letter of resignation, after his exposition of
inalienable sovereignty, already refuted. It
is, that a large part of the people of the Ter
ritory had no opportunity to vote for the dele
gates to the constitutional convention. If this
were true in point of fact and to the extent
suggested—if nineteen or fifteen counties of
the thirty-eight composing the territory were
wholly disfranchised, without fault or neglect
of their own—if the Territorial act providing
for the census, registry of votes, and
conducting of the election, \ll imperfectly
executed that its objects here wholly or mainly
frustrated, and that without fault or neglect
of those disfranchised, then, indeed, would it
appear hard and unreasonable to hold those
opposed to the constitution to be bound by it,
and to fasten it upon them by Congressional
acceptance. This objection involves disputed
matters of fact, and the committee, having
carefully examined it, are prepared to substan
tially deny its force. The facts upon which it
rests have been most disengenuously and
unfairly stated, while others which qualify it
have been suppressed or withheld.
The Territorial Legislature passed a law
for taking the sense of the people upon , the
question of a convention to form a constitution,
and subsequently, on the 19th of February,
1857, passed a law for the election of delegates
to the convention. Both these acts obviously
contemplated the possession of general powers
by the convention. In neither was there any
limitation or restriction whatever. And the
delegates having been elected in view of these
laws, possessed the power of forming and
enacting a constitution, subject only to the
ratification of Congress as heretofore shown.
The act of February, 1857, upon examina
tion, appears to be entirely fair and just. It
extends the right of suffrage to every bona fide
inhabitant of the territory on the third Mon
day of June, 1857, who, being a citizen of the
United States and over twenty-one years of
ago, shall have resided three months in the
county where he offers to vote; and provides
adequate penalties against illegal voting,
fraudulently hindering a fair expression of the
popular vote, and unlawful attempts to influ
ence the electors.
And as a further guard against fraud, and
to secure the elective franchise from prostitu
tion, a registration of the voters is required,
to be compiled from a census previously taken
by the sheriffs and deputies. The census
returns are to be filed in the office of the pro
bate judge, showing the number of qualified
voters resident in the county or district, on
the first of April, and to be posted in public
places. And the probate judge from the time
of receiving them, is to hold his court open
until the first of May, for the purpo , e of cor
recting them, by adding names or stalking out
those improperly inserted.
Provision is also made for vacancies in the
office of sheriff, by authorizing the probate
judge to act in his place; and in case of
vacancy in both offices, the Governor is to
appoint some competent resident citizen to
perform their duties. The other details of the
act are equally unexceptionable, and tend to
the production of a fair and honest election.
It is to be further observed upon this act,
that voters omitted from the census would
have full notice of the omission, and ample
opportunity to have their names added, by the
probate judge, to the registry of names. Full
time is also afforded for the proceeding. But
it is notorious and undenied that the great
body ofthoee who did not vote at the subse
quent election in June, withheld themselves
from enumeration and registry; and instead of
assisting the officers, as good citizens should
have done, interposed all the obstacles in their
way, extending in some cases to actual intimi
dation and ce, because they denied the
authority of the Territorial Government and
laws, and intended by their conduct to refuse
a recognition of them. •
Yet over nine thousand names were regis
tered, although many who were registered,
and in favor of a convention, did not vote for
delegates, as in many, if not most, of the dis
tricts there was no serious opposition to the
candidates named. But the case is even yet
stronger than these facts make it. A part of
the nineteen counties, so often spoken of, were
wholly without inhabitants; they were counties
upon paper, established in expectation of future
settlement.
Beside these, most of the counties composing
the nineteen had an inconsiderable population;
settlements in them having just begun. It is
said that four only of the whole number had
any considerable population, and that these
were the very ones where the Topeka party
were strong, interposed resistance to the law,
and neither desired nor attempted to qualify
themselves for voting at the election.
It is not necessary to go into minute details,'
nor to explore the causes remote or immediate,
which induced opposition to that as well as
other territorial laws, although such inquiry
would strenethen the general conclusions
already stated. As far as the objection to the
powers and proceedings of the convention, on
the ground of narrowness of suffrage in the
election of the members is concerned, that
man who would remain an objector, after the
foregoing statement, would remain uncon
vinced by the production of any fact dr
argument whatsoever.
4th. Finally, it is asserted in general terms,
that,including all parties and every desoription
of persons, a majority are in fact opposed to
the constitution.
The answer to this, if its truth be admitted,
is twofold. First, that such opposition, in
point of law, must express itself hereafter in
a regular and legal mode in amending the
constitution; that such majority, if it exists,
cannot nullify and hold for naught a oonstitta