The Kansas herald of freedom., 1857-12-12

Convention, the great mass of the people
purposely refrained from voting, and
left the whole proceeding, with all is
important consequences, to the active
minority, under whose auspices the law
had been enacted, and also executed, SO
far as that could be done by the Execu-
tive officers, without the concurrence of a
majority of the people.
That the refusal of the majority to go
into the election for delegates, was unfor-
tunate, is now too apparent to be denied.
Il has produced all the evils and dan
! gers of the present critical hour. 1t has
enabled body of men, not actually rep
resenting the opinions of the people,
though regularly and legitimately clothed
with their authority, to prepare for them
form OF government, and to withhold
the greater part of its most important
provisions from the test of popular judg-
ment and sanction. 1t has created the
present profound excitement, consequent
upon the apprehension that Congress
may admit the State under this Constitu.
ton, and that the people Of Kansas may
be thus forced to submit to the operation
of fundamental law in the adoption oi
which they have had no actual participa-
tion.
1t is not my purpose, nor is it necessary,
to inquire how far either of the parties
into which the people were unhappiIy
divided upon the proceedings in question,
was justifable in the course pursued
The only important question which seems
now to concern the people, or their rep.
resentatiyes, is, as to the legal and polit.
ical effect of the facts as ststed--whethel
they do, or do not impose upon the whole
people an obligation to accept the work
of the Convention, and to acquiesce in
its plan of adopting the Constitution and
sending it up to Congress for the ad
mission OF Kansas as State into the
Union.
Ii Convention, organized as this was
/ can be Considered as embodying In itself
the sovereignty of the people, the diff
Guilty is undoubtedly insuperable and the
omission of the majority to vote last
dune, is past all present remedy. But. in
my judgment, such a position cannot be
successfully maintained. The fundamen-
tai principle of popular self-government
and especially of that republican form, ;
which the Constitution of the United
States guarantees to every member Of ;hc
Confederacy, excludes the possibility ol
the delegation or transfer of their sover-
eighty, by the people. to any authority
whatever. In IFS very nature, that sover-
eighty which erects governments and en-
dows them with their legitimate powers,
can .be exercised only by the people them
selves. 1t is incapable of alienation, and
is as inseparably inherent in the body OF
the people, as are personal identity and
independent will, in each individual.
The people cannot divest themselves OF
it, any more than an individual can d.
vest himself of his own moral RESPONSE
biiity. Any other theory would involve
the absurdity of the possible subjectior
of the sovereign to its delegated agent
For If the sovereignty be actually dele
gated or transferred, it may evidently be
used to enslave the sovereign people
themselves. If the Convention coult
enact COnstitutioh, and put it in force o
its own authority, it could readily ad0p
aud perpetuate the most tyrannical provi
sons for if the Constitution. as IL this
case, may be made permanent until 1864
it might equally be made perpetual ant
unalterablc.
In its essential character, when about
: to frame a State Government, the soeer
i; eighty of the people of Territory i,
Identical with that of the people of ;
State. 1t must necessarily be equally a.
plenary and independent otherwise, The
new State would not stand upon an equal
E ity with the old ones. The perfec
equality of all the members of the Con
fcderacy is the very basis of the Fedora
1 Constitution. 1t is true that Territor,
t cannot becomes State of the Union with
out the consent of Congress. But thi:
/ discretion on the part of Congress, doe
{ not imply the power to dictate ihstitu
tions to the people of the Territory, or il
any way to restrain, or limit, or force thei
sovereignty in the exercise of its higl
function of framing its own State Govern
ment. The only rightful power which
, Congress has in the premises is, TO deter
! mine when the new community is sutfi
! ciently mature to assume an Independent
government, and to recognize the identity
of the people in their new form of State
That clause of the Constitution guarantee
ing to the States a republican form o
: Government" imposes the obligation ts
protect the people in their sovereignty
, and to prevent its alienation, il that wer,
5 possible, as departure from the true re-
} publican form. Congress, therefore, ha.
no rightful power to accept State Gov
ernment, which has not received tn,
f sanction of the people who are to liv,
+ under it. The attempt to exercise such ;
: power would be a plain violationofthe Con
{ stitution. Ii would be none the less
usurpation, because the people Nigh
afterwards regain their violated sover
, eighty.
!, The instances in which Congress ba
recognized and received new States.wi
out the actual submission OF their eonstitu
t tions to the vote of the people, are no
{ necessarily in conflict with the principle
now asserted. Doubtless if the people o
4 Territory should quietly acduiesce il
81 the adoption of Constitution passed 70
elSAHI eiiOs give very Sdi4o
factory evidence of their appreciation
But no instance can be found On record
of a Constitution accepted by Congress
! against the viii of a majority Of tn,
people, expressed in any distinct manne
whatever.
! Ii is not intended herein to assume. tha
the peopleof the Territory are opposed {,
the Constitution which IS 10 be submitted
J in certain form, on the 21st instant /
/ is sufficient for the occasion which Row
J conyenes the Legislative Assembly. anc
: for the purpose OF this communication
] that there is wide spread dissatisfaction
{ threatening to disturb the tranquility o
| the people. If there be. any means o
! preventing the discord and possible vio
lence, which are so seriously appsehend ed
as the result of the partial and imperfee
\ election authorized to be held at the tim,
named, under the authority of the Con
, stitutional Convention, it is the solemn
4 duty of the Legislature to ascertain an,
4 adopt the measures most effectual for tina