in convention assembled; and that concurrence armed it with power and invested it with dignity. Article seventh of the constitution makes the ratification of nine states, three-fourths of the number represented in the convention, essential to its adoption.
In the adoption, not only of the federal constitution, but of nearly all the state constitutions, the popular ratification was made essential; and all amendments to those of most of the states are required to pass two legislatures, and then be submitted to the people for their approval.
In Kentucky, especially, all amendments to the constitution must pass two legislatures, and for two years be submitted to the vote of the people, upon the question of convention or no convention, on the specific amendments proposed. Treaties made by ambassadors are not binding until duly ratified by their respective governments, whose agents they are.
Members of the legislature or of conventions are but the agents of the people, who have an inherent right to judge of the acts of their agents, and to condemn or approve them, as in their deliberate judgment they may deem proper.
The fundamental law of a commonwealth, so inseparably connected with the happiness and prosperity of the citizens, cannot be too well discussed, and cannot pass through too many ordeals of popular scrutiny.
What delegates to conventions may do or what omit, cannot be known until they have assembled and developed their action. If the whole power be vested in them without recourse over to the people, there is no guarantee that the popular wishes will be fairly and fully expressed.
Although the people may have voted for a convention to form a state constitution, yet they have by no just rule of construction voted away the usual and universal right of ratification.
Special instructions, covering every point arising in the formation of a constitution, cannot be given in the elections preliminary to a convention; and it is, therefore, proper that the action of the convention, necessarily covering new ground, should be submitted to the people for their consideration.
The practical right of the people to ordain and establish governments, is found in the expressive and beautiful preamble to the federal constitution: "We the people," &c., "do ordain and establish this constitution."
Let the constitution of Kansas be ratified and established by the solemn vote of the people, surrounded by such safeguards as will insure a fair and unbiased expression of the actual bona fide citizens, and it will remain inviolably fixed in the affections of the people.
In his report upon the Toombs bill, its distinguished author thus logically enumerates the various steps in the formation of a constitution: "The preliminary meetings; the calling of the convention; the appointment of delegates; the assembling of the convention; the formation of the constitution; the voting on its ratification; the election of officers under it."
In the same report, the author most justly remarks: "Whenever a constitution shall be formed in any territory, preparatory to its admission into the Union as a state, justice, the genius of our institutions, the whole theory of
