Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1857-11-14

er? When we have admitted SO much by
what arguments, SO far as constitutional
power is concerned, can we resist an attempt
to re-impose the Missouri restriction over
those Territories A restriction which, it
must be remembered, goes much farther than
/ the Nilmot Proviso; fer the latter applies
only to the people in Territorial condition,
whilst the other is extended over them when
they are acting as the people OF a State
And what sort OF suffrage is Congress here
required to prescribe for TIE good people of
Kansas? It is to be returned sto the resi-
dents of Kansas for endorsement Who are
| the presidents of Kansas? ~ Hay not aliens,
Indians and negroes be included in that de-
nomination How, too, can this resolution
be consistent with the third, which preceded
! it in the series2 If Congress may prescribe
the right of suffrage for a people acting in
their highest capacity Of sovereignty, that
of forming State Constitution, and say who
shall pass upon it, how can eve recognize
the right of the people Of a Territory, in
forming Constitution for admission into
the Union, to establish such local policy as
to them may seem proper? ?" Surely, We
do not confound the power Of Congress to
prescribe the right of suffrage for people
acting in a Territorial capacity, with the
power of Congress to prescribe that right
for those who are acting as the people of
State, in the formation of Constitution.
Congress can make the organic act for the
people of Territory, but it has no such
power in regard to the people of a new, or
inchoate State. 1t may prescribe the quail
ifcations Of the electors Of Territorial leg
islature, whi7h calls the Convention to form
State Constitution but when that Con-
vention is assembled, having been legally
elected and constituted, il must be treated
either as the representation OF the sovereign
ty of the people, so far as the formation and
adoption of Constitution is concerned, I'M
less the people themselves have prescribe cd
otherwise in the act of creating it, or it must
be treated as nullity We must take the
one horn or the other Of this dilemma, as it
seems to me.
It may be said that no such conclusions
are intended as those which [ have drawn
from the fifth resolution. | have no idea
that there was any such design, but in MY
opinion these inferences are to be drawn from
it, not only fairly, but necessarily. That It
was the opinion Of your meeting that the
people of Kansas ought themselves to do the
things recommended in that resolution, DO
not doubt; but there is a wide difference be-
tween what the people ef q State, new or
old, should do, and what Congress can cor
strain them to do The people of Virginia,
doubtless, ought to do many things which
Congress cannot force them to do. But even
if the fifth resolution had been confined to
recommendation to Congress to reject the
application of the State for admission on the
ground that the Convention had not submit
| ted the Constitution for ratification to the
people, the matter would not have been mach
| helped for, after all, the two resolutions
would have been nearly identical in principle.
Suppose that the people of Kansas had
elected a Convention with the authority ex-
prcssly delegated to them to form and adopt
Constitution suppose, farther, that Con-
grcss, in the spirit of these resolutions, had
rejected the application for admission and
sent back the Constitution, because it had
not been ratified by a final vote Of the peo-
pie, might not the people of Kansas well
say, ''You have rejected our Constitution
because it was not ratified, as you AFFIRM BY
the people; now, as you claim to be the
Judges in this matter, you must designate
whom you mean by the people, whose rati-
fcation, by further vote, is to be the con-
dtion Of our admission p But if Congress
undertook to prescribe who should vote, it
would claim this very power of regulating
the right of suffrage for the people Of new
State, of which | have been speaking and
as it seems to me, all the consequences would
flow from that assumption of power which |
have already depicted. II we permit Con-
gress to control the Convention IN the exer-
else Of its delegated powers in one respect,
it viii be hard to resist its Interference in
another 1t is far safer to leave the whole
matter, as your third resolution seems to de-
sign, to the people of the new or inchoate
| State themselves, or otherwise we shall be
embarrassed by difficulties at every step that
we take If we begin to make such retro
grade movements IS these, we must pre-
pare our minds to lose all that has been
gained for the Constitution and the South
by the Kansas-Nebrasla act I?
/ have given you my opinions in this let
ter, and tibet addressed 70 the Hon. Shelton
f. Leako, upon the subjects Of your reso-
lutions, because they were asked, and ex-
press myself freely, but with great respect
for those who may differ from me. But it
seems to be the sentiment of the Democratic
party of the State, if may judge by the
general tone of its press, that they ought
not to divide upon these recent Kansas is
sues, as they probably viii be temporary,
and it is uncertain whether thoy VIII ever
become practical in thoir character. In this,
it appears to me, they were wise. When
the Democratic party established the princi
pie Of the Kansas Nebraska act, and obtain
ed common ground, upon which all its NOM
bcrs might stand in regard to Il disturbing
question, it overcamc tie greatest difficulty.
It success in this respect encourages the
hope that when the time for action arises,
and its representatives get together, they
will be able to reconcile, satisfactorily, any
differences which may have arisen in regard
to TIE application of their principles. say
this for the good of the party and the eoun-
try, but not for myself So far as | amper-
sonally concerned, | shun none Of the re
sponsibility which attaches to me indiyidu-
ally for the opinions which have express
ed. In this connection, too, | must return
to you, and those whom you represent, my
thanks for so much Of COED will and conf
dcnce as YOU eXprcss in the resolutions which