(SOlLIUIMIB
A
AND BLOOMSBURG GENERAL ADVERTISER
tEVI L. TATE.
Editor, I'ubllshcr & Proprietor.
"To liold and trim the torch of Truth and "Nruvc it o'er the darkened Earth"
j
TERMS !
One Dollar & Sevcui)-fiio cts.ln Advance.
VOL. XL-NO 5:
Cnhtiitlmt iewtutj
Published ci-cry Saturday Morning, li'
LEVI L. TATE. I
In Bloomslnirpr, Columbia Co.
Omct-In the. new Brick Building, op
positclht Exchange, by tide of the Court
House i" Democratic Head Quarter?,"
terms or numcuiPTiOM.
(1,00 tn advanco, Tor ono copy, for tlx aonlM.
1,75 In bJthuco, for ono copy, onn jear.
1 00 If not paid within tho first three month.
2, Ji If not pld within tho tint ilx montha.
3,40 If not paid nilliin tho year. .
117" No lubMrlption taken for Iojj than six month!.
and no paper uucouuuuu uuui it uuouiuutsiuni
luvo been paid.
H7 Ordinary nclvcrtliomentu Inirrtod and Job
work executed atthsctaUlthed price?.
SELECT POETRY.
Oh for one hour ol joutliful Joy I
Give hnfk inv twenlfflh pprinc I
I'd rutlier laugh n brijht hnirnl boy
Than reign a gray-haired king.
OlT with the wrinkled tpoMa of ngo I
Away with l(irni!)g'n crowtil
Tear mil life' ulnlom written pagi,
And ditih Its trophies down I
One moment let my life blood Pi renin
Kroni boliooil'i fminl or flnnit I
Give me one giddy, tcr-Mng dream
Of life all ovo nnd Tame I
My llatMiiiift angd hnrd the prayrr,
And cahmy sinillm; nit!,
II' 1 hut touch thy ullirrpil hair.
Tliy harty rtiilt had yptd.
Dul ii thpre nothinjt In thy truck
To hiil thee fndly tuy,
While ihe ifi aciifot a hurry bark
To flint th t wished-for t ay I
Ah, triifii until nf womankind I
Wiihnnl Hipp, Mli.lt wtte hlu 1
Ollf bll'H I td'liot liilVt' lirliiiul
I'll laku iiiy-prrcrcn wile '
The anrel look a witppliire pen
A'il wrnln in ruinbow hue;
Thciu.in u nul l Lp n hoy ngiln,
And be it hatband loo !
And i there nothing ct unsaid
lltftirv thn thaiiRf np' T
Iluiiir mtirr all their tlm hnve th-d
Willi Ihotie dibiolving ycirnt
Why ys , fi.r tnemory would renill
My liind pHtfrnal Jny4 :
I inuld nut hi'iir In lenve llinu nil ;
Ml lake my grl nnd-bo) I
The mnlllni ""eel drnpppd hif pen,
, Wl y this v, ill nvi r do ;
The man would In a bfy iijaiu,
Am! he n lather too t
And so I lattghM my lnuhinr wnke
Tim houxelKdd with n nnise
And wrote my dr'unt. w Ihmi nturnins tri ke,
To pleas the gray-haired bnya.
'Wobster 'on tho Lovo of Homo.
'Vho fd1l6ing noblo sentiments were
littered by Daniel Webs'ter : It is only
slnl!ow-'mInded pretenders who make
oithcr distinguished origin a matter of
personal merit or obscure oiigin a matter
of personal reproach. A man who is not
ashamed of himself need not bo ashamed
o( his early conditicn. It did happen to
me to bo born a leg cib'.n, raised atnona
the snow diil'ts of Now Ilnmpshirc, nt a
peiiod so early that when the fin ike rose
Iron, it-" rude chimney, and curled ovirtho
frozen hills, Ihero was no timilar cvideni e
cf a white man's habitation Letw.cn it and
tho settlements on ihe rhers of Canada.
Its remains st 11 cxUt ; I make it an annual j
visit, t carry my children to it and tea.h I
them tho 1,4,4, endured by the ec..c !
i.tiiuio ui'iiuu urjir, i iuvu la utvcii on 1 majority was in lavor at one timo 01 a
tho tender recollections, the kind titc, the' convention, and at another against it; but
early nfi'eotions, end tho narrations and a'. n, timo, C0U,1J nfl'""""" two
.., , . ,. , . . , ... T , thirds vote bo obtained. Finally, under
incidents "Inch nmigle with all I know of lIie pr0ss..ro of necessity in favor of change,
this pinnltive family abmlo ; I ween to tlletUbicct was taken up by tho Legislature,
think that none of lhoso who inhabited it and 011 the 'Jlth of .March, 1781) ,in (cne-
t f .1 11 .lit
aro now among the living, and if ever I
fail iU affectionate veneration for him who
vinl,,ee
uilllll.
raised it and defended it against
and
, . , , , ,, 1 ..
destructiou, cherished all domestic
comforts beneath its roof, and through tho'
fire and blood of seven years rev. lutionary
war shrunk from no toil, no sacrifice to
, . . . . ,
serve his country and to raise hi? children
servo bis poimlrv mil In riUn hia ehihlren
sere his couotrj nn.l to raise his children
to a condition better iban his own, limy
my name and tho name of mv nosteritv
bo blotted from the memory uf posterity.
A M tp Tlm Wnn,1o nf 1 ,nnl,lr
Lngland, aro a distinguished family for
character, wealth and talent; tho eldest
son, John Wood, has been returned mem
ber of Parlimcnt for Preston several times
jiml nrnrnd l.Woif o inn,l .,,w f
nnu proved hiuselt a steady supporter ol
uiva uuu rcugious iiucrty. a laugiuDio
circumstauce oa-o icok piaoa upon a trial
in l,ancashiro, whero the head of tho!'"" u..m umiuiu Ku-
family, Mr. Wood, senior, was examined
as a witness, Uupon giving his name,
Oltiwcll Wood, tho judge, addressing tho
revcroad person, said, " Pray, Mr. Wood,
how do yoa spoil your ntmo I" Tho old
geutlcwan replied
0 doublo T
1 doublo U
E doublo L
Doublo U
Double 0 D.
Upou which tho astonished lawgiver laid
down his pou, saying it was tho most ex
traordinary name ho had over met with in
his life, and after two or three attempts,
declared ho wa3 unable to record it. The
court was convulsed with laughter.
"Do make yourselves at home ladies,"
gjid a hostess to her vititors one day.
'I am at home n.VReir, and wish vou all
"RTTP.Tf A T.Tf.WS 13.TTVPOTJT
... ,
Tho Kansas Question.
In Senate Feb. 24, 1858.
Mr. liucKAl.F.w, from tho Select Com.
riiittco to which was referred certain reso
I..,! !.! .1 - -.1. --! t i.
iiuiouu relating to uiu uuuiissiuu ul ivaiisas
, , , , ,, ,,
int.rt tlin Union as a Mate, mndn rlift Follow.
, , -
ing report:
That tho Committee, in addition to re
porting back to the Scnato the resolution
referred to them-tho one with a recom-
mendation that it be indefinitely postponed;
and tho other in an amended torm deem
W n.nnt. In IM iha ..rnunrlu imnn tirhir.li
1 ... ' ... .w.u. uu..
thoir action is founded.
So pertinacious and Vehement llatb beon
nOnria rr.n,ln U,ia ni.ti of ,1.
thocnortsto render this rueasuro of ad-
mission obnoxious and unpooular, and so
much is tho poaco and harmony of tho
...,i, inii.i i n tn(.n,i:n
of it, thai yotit committee belicvo that some
exam
turo
judgment
uis
imp
upo
king and amending cons itut.oils may bo I
examined, to aid us in solving tho diHieul-
ties of this Kansas tjucs'ion. For that
purpose some rofcrenco will bo made to
our own constitutional history. In 1770,
in consequence of a circular from tlib
committee of safety of Philadelphia to tho
committees of tho several counties, enclos
ing tho resolution nf tho ContihoLtal Con
gress of tlio 15th May, members wero ap
pointed from tho several counties to a
Provincial Conference, which met in Phil
met in 1 nil- ,
1 adjourned j
onth. 1 his
nlpctinn nf
adelphia on the 18th June, and
finally the inh ol the same 111
conicrcnco recommended tho election 0:
delegate, to assemble in convc. tion, and
form a con!itution for Pennsylvania, as
an independent State, and provided the
uiannc'r in which tho elections for that
purpose should bo held. In couscquencc
of this recommendation, delegates wero
chosen by the peopio, who assembled in
convention on the 10th day of July, 1770,
and proceeded to form tho constitution of
that year, without submitting it to a voto
of the peopio or other process of ratiGca
tion. That constitution, it will bo scon,
hud a revolutionary origin, and it continued
in forco fourteen years, until 1700. It
contained somo faults which dis'urbed its
practicd operations. Tho logislativo de
partment consisted of a single body, as in
colonial times, and the executive consisted
of a c mncil and president, tho latter being
selected by tiic joiut voto of tho council
and assembly. A council of censors was
also established, who wero to review, from
limo to time, 1I10 conduct of tho different
departments of tho government, and report
to tho peopio any violations of tho consti
tution liy either; and ihoy wore empowered
by a two-third voto of their number, 10 call
a convention to amend tho constitution.
A singlo legislative body, a plural execu
tive, and a censorial council to criticise
official action, but without power to enforce
lls judgment, wcio the three capital errors
f tl,at i:oIna,itul'0'1 5 and tbo arrangement
S7t . iXllo A
I ... . 1
ral Assembly, resolutions wtrc adopted
s?tl,nS iotli that alterations and amend-
Rltinls 10 tho col.lsti(ll'io" woro immediately
nflr.r.Qciirt rnr-ilin.r fmm ,1... 1t ...linn
inatlOh Ol IhO SllbjCCt in thO I.CiSla ui uiu cuuju ui uiu luwp.u t uiu.t pin.,iuu u.-, .uuiiii .um lawmi, will uu luaunui; jiui. iui iirt.w j uiu iu..v.. --- - A t 1 11
to be followed by tho expression of its "Pon 1,10 1uosllon 01 a convention to maKo j not uouut mat, upon admission, tho peopio tho groutiu upon wiuqii mo voto iu ..aituary icth n-. ...
!n tho fnrm nf i rocnlniinn will nuionamen.s i iiai proposition was now oi tuo new oiato oi jvansas win have ' upon the constitution couiu ue jusiiucu. (.m u.hiiS m.
, in toe lorm oi a resolution, win ,,.., 1 ,i..i, i .i in.i li.tj .,i! ..flm!ln laws, nossnssod tlin nowcr of form tL' and
auuso tuo minus oi many irom iaiso rpJ,I1 i ,,: , on-. 1- . , i n?.i,. i,i, r i- ..,, 4t. T.;.lnirn l,n. enact a a oonsi tin on. sub cct on v to ho
ressions nnu have ii salutary eitrfi. j"" m . m itii vn.g wuwiuvi mv.n lumuuuuiitiu it. v '!. uuivu u.b j.-ikiuiv, (- V 1
irti nrntAnon f.ii flm rattKcation nf UoUi?rcs. ad Insrctoforc
ii yuuiio uiuiuu. i li:nr m.n,MnlLn x,Il. l!mt,1 ,a 'IM.to o ,1 a B1M r .,-1 . ! .11. Tni,o,.,t n n .1 t.r,r f rr. t.n sllOWn. Tllf. at;t nf LllbrUflrV. I S37. UnOU
Uur CXpcriehCO in ronnsylvauia in nia- ' ti !,i,i fL , i, rl i. .'., r.i.A.. -1 l i ........ J i. i ..111 on. osjminnlioii. mnrars tn bi cnlirnlv far
-v ' .......vMimrm a constitution mr ivunsas. aubso-
of Independence tho assertion of tho richt 1 f,nilv. nn the i ml, nf i,vi.. lav? ,t..
df tho peopio to alter or fo abolish their
1 government, nnd to institute a now one,
i ?.l,an Iso ? of tho bill of rights in
mo then existing constitution " That coy
i ernlllent or " i,t , !n,.it,,.,.,ibfn-
i . """ t"v
crntncnt or ou !lt to b institlltcd for
tliecom-nonbcnefiLprotcetion ami seouritV
' of tbo people, nation or comojunilv. and
, . i
uot lor tuo l'.'ular emolument or ad-
; vantago ol any single man, family, or set
i"" ""v
. nl llinil. IV ia n i-n n ,-IY.f .111.. .I ll.nl n.tv
inunity anu that tho community hath an
imlubi able, unalienable and mdofcasiblo
right to reform, alter, or abolish govern-
! mont 111 ,s . ma"ncr as Shall bo to that
! community judgc d most eonducivo to tho
1 Fi" .W r 1' rom all which, as well as
tho nature of society and tho principles of
, government, it mamicMiy appeared that
au hubs, .u iiiuDrrai
eminent in sue u manner as may bhall tbinlc
proper ; and that thoy aro not aud cannot
bo UnutcU to any cortain rule or modo of
accomplishing tho same, but may mako
choice of such method as may bo best
adapted to tho end proposed, and that for
further roosons assigned, tho delay of the
aceomplishing tho hame, but may mako
mode prescribed in tho constitution lor
atnondmont ought not to bo admitted. It
was therefore proposed and earnestly ro -
commended to tho oitizeus of tho Common-
woalth to tiko this subject into their serious
considerations, nud, if thoy coucurrcd in
oplu.tm with .ho Assembly that a convention
.!. , p. ,UV,M"B onu alwrnS
suro being figulfied at the next sitting it
w'ould provide by a law tho timo and placo
of tho meeting of tho conveutiou, and for
tho payment of expenses incurred thereby.
These important resolutions wero adopted
by tho dceishe vote of forty ono to seven-
.., v, ... i,... i ,t , ',. , , ' ( ..UM ,U ,, .uu v..i.vt,i.v.. u, UM.u i.iu.-iiwu ui luuiiun.iuiu ooverciguiy, .ii- iur iiuuut u cousnuiiioii reguiariy igriECu;
it wos submitted lo them whether it would dissolved uudcr tho breath or revolution, veprcsontaiion in tho Senate, any aud all ready refuted. It is, that a large part of in short, that majorities equally with r.ii
not bo convenient aud proper to elect I or bo struck down by tho strong arm of parts of tho constitution may bo changed, 1 the peopio of tho Territory had uo oppor- narli.es aro bound by cxistin' constitu
members 01 such convention at tho noxt force. Nor is this condition cf things m- against tho opposition and proitst of Unity to voto for dolegatf-s to tho const!-' tions and laws. Tho other renly is fur
general election, and that, upon their plea- ' compatible with truo libertv ami freed
...w H....U..UU u. VUUQ.U.U VJU1I lib IU UU UllL'U . IlilllT.. !L Wlllllll lift WnTT ncrr. n. ST.nr.Ml ir Ami ,11 irl,l. tlin nvr.n,.,,n,1 n, Vl.ln 1 ...... rm ,.. n . nnl.nt... I. In . : 1
BLOOMSBURG, COLUMBIA COUNTY, PA.,
'ocn. At Us next session tho General As-1
scnibly called a convention "for tho pur-1
poso ol rovicw.nc, and if they seo 6ccasion,
, altering and amending, tho constitution of!
I tho Slate. 1 do resolutions for that pur-
' poso wero adopted by n voto of thirty-nino 1
to seventeen on tho loth of September,
1780. Theso lccislativo proceedings ro-
1 IOV,
... , .- .,. " ... .. - - .r,,r ,
suited in tho constitution of 1790, and
1.1 -...i-.i ...-iin.., ,,
VUU1U
seem to qiand justified by tho reasons
i ds3igHcd1 and by tho further one, Hint al- jcctious heretofore made, and to givo them might now ho established through a con-1 carefully examined it, arc preparpa to ami. , " u"u "IprnAwhavo oncnlv tra
1 thoush tho constitution of 177G provided a a fair reply. voutl m in tl.o tamo manner and 1-avirig , ctantja 1? deny its forco. 'Ihe f cin upon ; Uo i
modo of amendment, it did not forbid other
modes; and that therefore the ordinary
law-making power could initiate the iieces-
sary procconuig 01 onanpo. -ii.it consu-
ttlltOn Ot 171)11 Wflrt TlfOP.I II I IT! 0(1 hV HlO COtl-
- i- o r I
volition, and put in forco by it, without
a"J kuuuiikhoh 01 iuc maiuiuicnt. ur uuy
Prt of it, to a popular vote. It remains
: !: c !. . 1
P8" 01 , to a-popular vo.e. it remains
U"J P'u stsiyoigm.
years, modified only by certain amendments
to whicli it has been subiceted.
, ,In 1?an ,n,1?t'' w?3 l,assea y H10 LeS1?-
ascertaicincr tho sense of the citizens of this I
Coinmonwealtb. on the cxnodinnnv of call- ,
.. ..r.l-l . t
iir L-uuvuiiuuu 01 uuiuiruics. 10 ue uicciuu 1
by tho peopio, with authority to submit
amendments ct tho State Constitution to
a vote of tho people, for their ratification
or rejection, and with no other or renter
pou-rs whatsoever." Tho vote taken in
pursuance of this act was in favor of a
conveutiou, and by tiio subsequent act of
the UOth of March, 18!30, provision was
wr.,0 fr electing tho delegates, and for
tli c submission of the amendment? proposed
jy tlom Without pausing to explain tho
. .., ? 1. 1.1 t
uuruuuiiir reasons wuicn actuatcu 1110 lie
gUlaturo nnd people, it is cloar that the
ennventien of 1S:!7-H, the members of
which wero elected with reference to these
laws, possessed only limited powers. They
could not form a now constitution, nor
abrogate tho old, Unr, put their amendments
in force. They could only frame proposi
tions of amondmciit, requiring a voto to
givo them validity.
.Lhoso amend ments of 1835 wero adapted,
and the constitution of 170S was so far
(hanged as they expunged old matter or
introduced now. Among thoso amendments
was ono in relation to futuro amendments,
which now constitutes tho 10th articlo of
tho constitution, and provides that atr.crid
ments may bo proposed by a majority of
all members elected to cacli House of tho
Ucr.cral Assembly at two successive sessions,
which, tipm beini; approved by a public
voto, will take effect. Under ibis provision
ono amendment was adopted iu ltJ50, and
four in 1837. If this provision regarding
changes in tho constitution, shou'd receive
tho same construction as did tho provision
111 tho constitution of 1770, it does not fur
nish an exclusive modo of amendment; and
the logislaliva power of tho State is com
po'ent at any timo to provide for calling a
constitutional convention, tho powers of
1 which, whether general, or special and
limited, will depend upon the law under
,ri,ich (he delegates aro chosen. And as
Z'Jl !
hiv'im u, 4111UUU.UUU, man
that provided by it, it is clear that this
construciion must bo accepted as tho true
ote.
Let ihe facts of this sketch he applied to
the convention and constitution nf Kansas,
and difficulties and misconceptions leaard-
1 ins them Mill disappear. I ho Legislature
1 0f that Territory passed an act for lakin"
, tbo sonso of tho pocplo at an election in
, isr)Gi u tl0 q0?tion of fl convcminn t0
. . .?. . ..... . .
, Lot-Mature pis-ed tho law for the election
i ol delegates to tho convention.
1 Tho delegates wore elected in view of
meso acts, ami moir powers were, ol course,
, ' ( 6illli!,rH(d ,,, ,' ,mr .
, vontinns of l77fi .mil i7n nni
i vftritinnnl Imdini pw? ntsnAmi.inri
"wi"'iin ti mi'
Stnto from whoso hands camo forth an
cutiro constitu ion. Tho necessary conso-
1 ? .... n - . .
queuco is, iuai uic constitution lraniou oy
Hm Knnsns innwnil,ri ,,l,l l, ...im
and subject only to tho acceptance of don-
( gross under that provision of tho constitu-
tion of tho United b'tates which gives it
. jurisdidicu over tho admission cf new
States. It is not necessary hero to inquiro
whether the slavery clause of that instm-
mont stood upon different grounds from
ciucr parts oi it. ii mat no atlirracd, tho
answer is, ki.h it was sumnutcu to popular
decision. It no such legal obligation ox-
istcd. it was not nece.ssarv tn sinl.mit it ml
tho doinrr
convention, with refcrenco to political rea-
, sons and public expectation, rather than
legal course. Tho constitution, therefore,
comes before Congress a lawful instrument,
convention, with refcrenco to political rea-
and sanctioned by ordinary legal and cca -
stitutional principles.
; Now, upon questions of public or political
right, tho wholo country nnd all its iuhab.
itants aro under law, and judgment must
bo given iu favor of that party or individual
whoso position stands sanctioned by it. If
our system wero not so, through all its
Our system has abundant facilities for
amendment, change nnd reform, in con
ucction with power to enforco cx.st.ug laws
nnil riff htis. mill In nnrl ,ivi,mtn. A .wl ll.n,
.. .u. nu.i .uui,
poople who cannot control their passions,
tut will L-trike nl law or coustiiulion. othir
wiso ihan by local ahd
amendment, arc unfit for
and oannot lone mi intau
Tho lawful and regular
proceedings lor tho iormi
aas constitution, and tho
instrument, os presented
lug boon shown, and th
. . , ... .. "
tratod by our own constitution
. .
tory, it
remains to notice some of tho lcadinu ob-,
1st. Tho objection that tho constitution ,
is unchangeable until. 1804, is fully an-1
swered by tho citations already made from
rcnnsy.vama constitutional history, wo
ti
Tllfttf nntlPMHln t. lilt t in Rfitnn rinnnr
' an Power will
exist in tho peopio of Kanas to chaniro
.1 i . .
uietr i oosuiuuouiiirouSu a regular i
as that exorcised by our own nei
as mat cxorciscu oy our own peopio in
cuangmg uiu vouhiiuuod oc 1
oases aro al.ko upon the question
and tho ono is solved bv tho dcoii
otlll:r- A"y 0110 wLo accoPt3 our Pennsyl
cencral rounds of reason who. a nonsti.
fution nrovides for its own nmnmlnmnt.
J..l . I. 1
uioue or iwuu hu proviucu ciunot oc exem- 1
sivo, unless others aro expressly prohibi-
ted.
hi his
Every presumption should bo made in ' detnDcd by tic high authority of tho cou- "ive resided three months in tho rotinty
favor of popular right in legal instruments ' stitution of tiio United States and of Pcnn- where ho offers to voto ; and provides ade
of government, and tho power of changing sylvania tho whole foundation for tho Jan- ' quato penalties against jllcjal voti.ig,' frau -them
must remain entire, unless expressly 1 uary voto is distroyed, and it stands with- uulcnily hindering a fair expression of tho
limited or forbidden. Tho Kansas oonsti-. out validity, or forco and effect upon the popular vote, and unlawful attempts to
tution does not forbid amendment before constitution against which it was directed. : influence tho electors. And as a further
1854, and it docs contain a declaration of I And at tho samo timo tho policy of tho ' guard against fraud, and to socure the elec
popular power over constitutions similar to 1 administration as againBttho Governor and tivo francht'b from prostitution, a rcgis
thoso quoted by our Legislature of 1789, Secretary is vindicated, and thoso officer.) tratiou of tho voters is required to bo cous
in a case precisely similar to tho present condemned, upon tho ground selected by piled from a census previously taken by
ono. , themselves. It is undistmtablo that tho th'o sheriff) and Iheir dcplltica., Tho ccu-
ad. Unon tho final adjournment of tho I
Kansas convon ion without its submission ,
of tho whole constitution formed by it to a
vote, objection was made to it upon that
ground ; and a constitutional philosophy
altogcthcr novel was produced upon the
occasion to sustain that objection, by Hob-
ert J. Walk or. tho Governor of tbo Tnrri.
torv. It mav bo found expounded ntlirtro
in bis subsequent letter of resignation, and at the samo time demonstrated the futili- ' properly inserted. ProvMoo is iilso made
it constitutes the material point in tho ty ol the January voto by the failure ol for vacancies in the office of Sheriff, by
message cf Mr. Secretary Stanton to the ' the tcason assigned for it by tho man authorizing the probato judge to act in hip
Territorial Legislature, on the 8ih Decern-1 wlio recommended it, and whoso official , place ; aud incase of vacancy, in both
ber, 1P57 It was this, shortly stated ' act caused it to be taken, -wc might on- offices, tho Governor U to appoint somo
that tho people cannot make or aiiici,d a ' chute this part of tho subject. Ilut the competent resident citizen to perform their
constitution through ajents, sovereignty ! warmth with which tho 111. of January duties. The other dotaili of tho act are
being "inalienable, indivisible, a unit, and I vote is pressed as an independent objee- equally unexceptionable, and toud to the
incapable of delegation," In whole or in I tion to the constitution will excuse some- production of a fair and honest election,
part. The praciis.il result arrived at by thing further on that point : And it may It is to bo lurthcr observed upon this
Governor and Secretary, from this doctrine, j bo confidently asserted, upon general act, that voters omitted from tho census
was the invalidity of tho l.ccompton Con-1 grounds, that not only was it without legal would have lull notice of tho omission,
stitution ; without a popular vote upon the I effect upon tho constitution, but was iu it- 1 and auiplo opportunity to have their names
whole of it. Strango as it may seem, all. self wholly irrelevant and void. No Leg- 1 added, by the probate judge, to the,rcg'.s
this is spread out in official documents, and I islaturo in the country over assumed juris- tcr of tunics. Pull time is also afforded
constitutes the loading ground of objection ' diction over tho formation or ratification I for tho proceeding. Uut it is notorious
by Governor Walker to tho constitution, as I of a constituli m, except upon an express and undenicd that tho groat body of those
stated by hiniEolt. riothtugmoreuntonable delegation ol power for that purpose ; and 1 who did note vote at tuo subsequent clec
and more opposed to constitutional princi- tho assumption of such ppwer by a reprc- 1 tier! iu June, withheld themselves from
pies, as understood and practiced in this - sontativo body, in tho absenco cf oxprc33 1 enumeration and registry, and instead pf
country, could bo produced. j grant, must be, of necessity, an usurpation, assisting the ofiiccrs.as good citizens should
Doubtless under our republican system,1 and its acts relating thereto, wholly void, have done, interposed all possible obstacles
tho people aro sovereign, and constitutions The taking of tho Eenso of tho peopio on in their way, extending in some eases to
must proceed from them ; but thoy would tho question of calling n convention, and actual intimidation aud force; because
no longer bo sovereign if stripped of the providing the legal facilities for electing they denied tho authority of tho Territori
powcr of appointing agontt nr reprcsenta- tho delegates, rests upon prescdent nnd al Oovcrnment aud liws, and iutended by
lives ta act for thoiu. Governor Walker, necessity; but neither reason extends tho their conduct to refuse a recognition of
11 lotes uo authority for his dectrine. except ordinary legislative power to the subiects 1 them. Yet ever nine thousand names
1 himself. Ho'says he stttod it in an address
in 18:1!), aud again iu a pamphlet given to
the country i 1 1350. It is not perceived
how its reception can strencthen it. in the
faeo of authority asainst it. tho most
absence ol reason to sustain it, and iu the
weighty and conclusive. Such authority i3
furnished by tho Constitution ol'ilio United
Statc3, and by that of Pennsylvania.
The former was prepared by a conven
tion, tho members uf which wero selected
by tho State I.cg'eluturcs, and it was
latlficd by conventions in each State, eleo
ted for that purpose, No part of it was
ever submitted to a popular vote. Tho
amcuduionts proposed to it by Oongrossiu
mu,iJMiiiun uui Bvii iv kjj 'Huiu.a iu
1780, 1703 and 1S03, wero ratified by tho
I Lofiislatures of thrco lourths of tho States.
" ., it 1 ... - .. .. '
1 pursuaut to me Ultn articio ol tho constitu-
...l.,: , ,,. a .i
and hereafter, any amendment whatsoever
j may bo ratified by Legislatures or oouveu -
tions in three-fourths of (he States, upon
being proposed by two thirds of both
Houses to Congress, or by a convention
called by Conaress. upon application of
tho Legislatures of two-thirds of the
Biate.
, it will Ihus bo seen that the otciei!n
, penplo of Pennsylvania acted through their
, T.nicini
of tho United States ; that on three occa-
of tho United States ;
, sions they have ratifici
through their Lcgislat
fifth article, to tho exc
ratilica amcnu.nc.ts to it
iiaturc, and mat by tho
eyecutlnn nf wlnnli ttinv
1 have bound themselves, any futuro amoud-
' incut may be proposed by Congress, or a1
convention, (under certain restrictions,)
and ratified by Legisloturc-, or cemven-1
tions, in thrco-fourths of tho States. The'
only exceptions, Irom this po.vcr of amend-
incut is, that no Stato can bo deprived of !
its equal representation in tho Senato
give to it atlenuato support
She has
- , bound horself to all this by becoming a
party to tho Union, and cannot bo relieved
l... Ml.i:..n.,..u 1,.. -rt. 1 M
nun, uvl uimj-auuin uy uuy (uiiueu pun-
osophy, whether piuccudiuj; from juch of
diliui ti ( or nut
SATURDAY, MARCH G, 1858.
,,i,, rl io n,n ni,.rnrnr nf the. constitution- conducting of the election, was g lmper-
w.uuiiy iiiuul. ui .uuu.. . ....... ., ,. ... wnllrni. h, msnl l . Bfutnn unnli inn
1 ii..?- " "ftd " V L IT, ;,1 , 1 or m ...,lv frustrated, and .hat without ' party, both designs and overt acts to
r - .- . 1.! -.1 .1 .... na illnatrn- lecllv OXOOUteU mat lis OU CC13 weiu miui- r.-i
" mum. icu uv lUu uuiiomuuu.. u. ... , -j , .1 1I ft. (l.A ' 'nflnr,!,! n
enactor of the Slates. And when wo turn to our own ;
ition ot tl.olv.n- State, the oa.o is cquauy or. o.u " -,r,T" i Un0xee.,tio..ab!e. to be made by a
vahd.ty of tint , our State const.tut.ons wero lormoa ,u- , . . - ' " 1 t5on co lvcncd uiulcr ti.or... In fact,
to Congress, hav- couvont.ons ; neither wero suommca to "uu f" nrB11i-nii ; onpn linstillv
.1,; . .-.i . i:.,t nf il, ton t ntioti thorn bv conurcssionn iiccen. ed bauds, orgamzcu in open iiostniy
u uruuicut lima- . pu iuiul vuiu , uuu u " . . r. . a . i " . r .t... nn.0 rtu;f tj.ni.
moment under a constitution so lormcu ;
and it U in .nifcsl that a now constitution
crjual validity with former ones.
The notice of tin objection become? im-
portant when wo consider it as an assigned
reason 01 uio umurcucu uunvuuu
Walker and tho Rational AUmiu.strai.on,
leadins to his resionition, and also as tbo
j. . ..u.i l... C i . Ct.....nl-
couvenin? tuo icrniona. wun .u
eordimr to liim. denond altofretber unon tho
wiiinilnnss of tlm ohicction : but as wo have
.I .1 : I I...1I..
groundless that cotcnly is it notsUstiiiucd
by authority or reason, but :s utterly con-
uuuionsiraicu mat mu du uuuuii ia nuuiiv
nonplc. in seleelinij a convention to form a
constitution, may, and do, delegate to them
tho whole power necessary to establish it,
unless there bo soma expressed limitation,
Having thus shown the untenable: na-
lure of the posi ion assumed by Messrs.
Walker' and Stanton, upon which they
threw iheir ollicial influence airainst the
constitutional nartv m the Territory, and
of formation and ratification. If this
wore not so, the Legislature might rcmovo
constitutional restraints upon itself at its
own pleasure, or assail other departments
ot tho government in their jurisdiction;
aud. in tho case of a Tcrritori.il Lcsisla
' turo, might extend its own cxistoucc, or
retain power in the hands of its own party
' apainst a constitution obnoxious to them,
And tbo same reason will apply against
u. 1 no io.j(, anu icconiumuuiiiu iu n uiu ims" j, , , , - , , . . , - i,,i
f...'i ', r n i. i,i. n .l,n lira of dc oiratcs to the convention. Hot . legal cluim to bo consulted
?l ' . .. i Ul- w". " x. , "-,7" .... i,:,.,..! iV i,.,l !. M1. cal proceed! ujis which arocn
U 11IU lim-uillll.yil uuj.uuiiu.i. J. u - . w . . r i .1 -
tUUUV. UU HLlJluiUl.ruuuw. ui hiuju uuibio.i 1 n 1 . ....
accomplishing too samo ends directly iuturo settlement, jiciiuo these, most ot
through a popular voto. Certainly tho tho enmities composing the nineteen had
Legislature cannot do through others what , on iuconsidcrablo population ; fcttle
it is prohibited f.om doing itself. If the ' ments in them having jusl btgiiii. It is
Leeumpton Constitution wao a valid in- said that four cnly of tho wholo number
struuicnt prior to tho Ith of January, had any considerable population, aud
tcrHilh lms lippn nrni'l'll. t. irnnlil orinlinnn f 1, 1 1 Minsrt uurn flu vnrv nun, l.r.n lir
I so until the power of tho people, action
. . . . . .. .."
regularly through well cstaliliscd and well-
I i i i ....., .,.i ..1....1.1
I dmend it, or substitute another in its
, placo, Certainly, this cm only bo dono
, (in the absence of constitutional provision,)
through a popular convention, where de-
liberation aud delay will Eecuro wise and
iust chances. The dectruction of a eon-
stitution after it is onco made, wiihout tho
I substitution of another, was never heard
ot iu the Uh.tcd States, and Etioh an at
tempt has no foundation, cither in reason
constitution of this Stato to a pubiio vote,
and upon a majority being given against
it, mat it should stand annulled and des-
tvnvnd. tcnuM lift msllv rpr,rtr,lftfl nn fnnlUl,
or insano. No such revolution .ry princi-
plo3 exist in our political system, and wo
may hopo tho time will bo long before thoy
aro admitted or practiced,
3d. 'I ho objection made to admission
which has probably had most effect upon
pubiio opinion, is thai stated in Governor
' Walker's letter of resignation, after his
point of fact and to that extent suggested
, if ninotcon or filtceu
counties cf tho
i thirty-eight composing tho torritorv wero
l.-l,.. r , - , . ... . - -
wuouy uisirancuiscu, without latllt 01' CCg
licet of iheir own it' tho territorial act pro
I'idiug f-r the census, registry of vote,aml
hv uU1ii;iws tMllwuut UVlllVIIUV.ll 11 11113 IV til Li LI LI tl 111 , II 11 11 U 11 11 V 11IU lillU ill Il Tl V UI1L1 t:il!"Jll'MV(!
uincc. iu s uujisuwu "'ulva V3" u .
matters of fact ami tuo eomnu-tcc, having ;
which it rests jmvo toeon most umnsonu-
OU8bafary5tu
(piali y it ha.o been EUpprcs3C or w. (
, ,
, - - ul .!T
law for taking the eonm of
1 1110 icopio ujiaii
" 1
and just. It c.Meuds the richt of sutn-arfe
to every bona fide inlnbitant of, tho tcrri-
Inrrr nn ll.n ll.lrrl ATnArt,- l' .Hirin 1P'.7
wim, being a citizen of the Lmtcd States
and over twenty-one years of ago, shall
v j " ....... w.
sua returns arc to bo filed in tho office of
the pro"baib jildgfc, showing the number of
qualified voters resident ifi tho county or
1 districtj on tho first of April, anil 0 be
posted in public places. And tho probato
1 judge from the timo of receiving tliom, is
! to hold his court open until the first cf
; May, for tho purpose of corrcc'.ing them,
adding names or stnuing out those im
1 were registered, although many who wero
j registered, aud in favor of a convention,
'. did not voto lor delegates, as in many, If
1 not im'st of the districts there was no sen-
- i Rut tho case is even vet stronaer than these
ous opposition to tho candidates named.
facta niako it. A part of tho nineteen'
I counties, so often spoken of, wore wholly
! without iuhahitauts : they were codritil-s
upon jmjier established iu expectation of
i Topoka party wero stron?. in'crnosed rc-
sistanco to tho law, aua neither desired nor
. ." . . . . . .
a.,u..i 1. ...!! ii..,i..a t
at tho cl.ction. It is not necessary to go
int minute deiaila.nor to explore tho causes
remote or immediate, which induced oppo-
sitinn tn that as well as oilier territorial
laws.although such inquiry would strength-
en tlio cencral conclusions already stated.
As far as the objertion to tho powers and
proceedings of tho convention, on tho
majority, if it cxist.cantiot nullify aud hold
i i i . .....it r i .i
bv the lalo masterlv
! message of tho President, transmitting the
. constitution to Cougress. It is there
shown by the most satisfactory cvideuco,
thai the groat portion of this alleged ma
jority is mado up of Insurgent aud revolu
tionary clement
. rw flin i-inpRnftn nv n pnnvonh tti Ininrm a enii
nflniHffiluci.srlB!h!i5UchP
VOL. XXL
'i'bb official dispatches, oven of Gov.
sub
Jaws, a
wcvcr
colivcn-
. arm-
to tho
execu
. 7"i " ."i ij ,.r
."""Jjf u" " " ,
;;r.;u, ,s I 'Id vCt cxUl undc1 he
0f
faction turbulence and disorder. No
nrotniaition can bo clearer tliati that rovo-
f.s'... ,! .1.n 0,,olv afd and
; , , .
uuiiauii. tvini mum, waiu iui iuu tiuiu ui.iu
the covcrutneut
against which tiler rebel, and can have lo
in .those noliti-
uductcd under
ty of tiio laws. And
for tlicui to demand thrit their voicos
shall be coun'cd to destroy the powers and
work of a convention which they rcpudi
aJcil from the outset, and in the election
of tho members of which thoy neither
desired uor attempted to participate, U
both impudent and monstrous.
If there bo fault upon the part of tho
government with reforenco to thisinsurgent
and misguided population, it is that thov
have been treated with extreme leniency
and forbearance, illy requited by contin
ued tuibuler.ee and resistance to auihonty
upon their part. And that tho appeal
should now bo gravely niails, Ju thsir bo-
1 1 r r .1 . ' . f 1 1 ..
uuu, mr mo lujbuuau ui u juui uuuiiiuliuu
and the continuance of excitem'orit rind dis
order iu the Territory until ihoy shall bo
plccced to subside into order and regulari
ty, may be classed amoug the curiosities ot
(action With equal proptiety might tho
appeal bo made iu behalf of the insurgents
of Utah against the attempt to enforco
upon them the jurisdiction and authority
of tho United States.
Sound and conclusive reasons ozisting
for the positions assumed, every consider
ation demands that speedy and final action
bo taUcn for the s&ttlemetit pf this question
that has so long harrasscd the public mind
aud worked an alienation ol ihd feeling of
confidence, respeci and friendship that
should reign cupremc among tbo citizens
of all parts of tho Union. A postpone
ment of the recognition of the legal position
now mainuiued by this territory for ad
mission may fearfu ly incrcis3 m'a which
already exists revolution, faction and dis
cord. No good ililzcu can longer desifo
a continuance of an agitation that only
cngeuders a spirit of hostility aud bitter
animosity between different sections of tho
confederacy, and If prolonged, must ulti
mately lead Id consequences of the most
disastrous nature. Tho admission of Kan
sas into tho Union under an organic in
strument, complying in every respect with
tho Federal 0 institution, would signally
vindicate tho supremacy of 1-w, bring or
der out of confusion, establish the reign of
peace whero lawless faction ubw holds its
sway, calm tho 'tirbuieof elements of party
focljrig no longer Sustaiued by the hope of
pocr, and leave the now State free to pur
sue her progress iu an unintcrrup 6d career
of prosperity.
(J. 11. BUOKALEW,
JOHN 0. EVANS,
SAMUEL J. RANDALL,
GEOltGE W. .MILLER.
The M Ahmed Man.-- IIo4 is it that
girls can always tell a married man from
"i single one ? The fact is indisputable,
llic philosophy of i is beyond our ken.
! IJlai:lwoocl says that "the fact of inatri
I mony or bachelorship is written so legi-
li 111 a man s appearance, that no inge
nuity can conceal it. E cry where thcro
is some inexplicable instinct that tills us
whether an individual (whose name, for
tune and circumstances are totally un
known) be he, of be he nut, a married
man. Whether it is a certain subdued
look, uch as that which characterizes
the lions, in a niPiiagerie, and distill
gukhes them from tho lords' of th'c des
sert, wo cannot icl!; but, that the truth
is so, wc positively affirm."
Poor Livi.no. A good Methodist
minister at the West, who lived uu a very
small salary, was greatly troubled at ono
time to get Ins qttarterlv instalment. Ho
, had called on his steward a number of
mes, 'jut had each time been put off
ith some excuse. His wants at length
icoiiimg urgent, he went to liis steward
ul told liim that ho must have his money,
, his family wero suffering for the pe
ssaries of life. " Money !" replied tho
eward. " You prcaeli for money ! 1
louglit you preached for the irood of
mis " "Souls " replied the minister :
1 can't eat souls, and if I eould, it would
ke a thousand such as vours to make a
ecent meal."
IlitEAca or Pkomise. -V young Ame
riean lady in Paris tlueatcns to sue Pro
sident Ihiehanan for breach nf piomise,
She says that (lining nt her father's lahiu
yearn ago, he said to her My dear
Miss, if ever I should he President, you
shall bo niisiioss. of tl.f tfi.ur Jouse."
Say W by are 'luwls like hiisbaiuls '
He. au--e every v ont.ui should !t " iij
t