The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-20

Of legislation over all the ramhed interests of So
cety without ratification by the people would with.
hold from such body the power to fix those alb.
stract and general principles which usually in.
eorporated in organic constitutions, unless approved
by popular vote The practice of the original Trainer.
of our several State governments recognised repre-
sentative suficiency for the formation Of organic
constitutions and to this day the federal constitu
tion-the supreme law Of the land, overriding all
sovereignties- never been ratified by popular
vote. twas framed by delegates appointed by del.
egates and it was accepted by representative con.
yenons in the several States in not enc single case
by the people Of the States mass in primary SOW
ereignty.
Wear not contending against the propriety Of
submitting newly-framed constitutions to popular
ratifcaion-for, as question of expediency we
should generally advocate such submissions. We
are simply contending that constitutions framed By
representative conventions delegated by the people
for the purpose, are valid and binding in principle
and of right though these conventions in their dis
erection, decide not to submit them. And we think
ing, reasons which seemed to enforce such decis
ion by the Lecompton convention.
We do not alude to the factious and revolutionary
origin and history of the Topeka constitution which
its partsans urging in competition with the L.
compton instrument to the needless concession 10
wanton and incendary faction which submission of
the regular constitution would have involved II is
not merely that regard for peace and order that
respect for the dignity Of law and for the authority
Of government, forbade that constitution framed
by authorized representatives of the people should
be thrown out into the drtymirc Of aboitionpoltcs
and turned over to the rufian handling Of rowdies
and rebels such as Lane and Brown. That would
But there was even stronger reason, IN our judg
ment, which impeled to the measure that was adopt
ed, Of submitting only the slavery clause.
Gov. Walker deems no constitution valid that has
not the full assent Of the people. But these instru
ments imbody many various propositions, the sub
jects respectively Of conflicting opinions, and can
in no case secure the entire approval Of voters. A
constitution which in each particular clause could
cure the approval of majority Of voters would be,
an anomaly; and there Can be no constitution
which in each several part andparcel can be said to
have secured the sanction Of the sovereignty Of any
State. To submit all the parts Of complicated con
sttution to popular vote is not to obtain distinct
Of the popular will on any one clause.
constitution with nnctynine distinct provisions on
other subjects, and one slavery might be accept
ed, notwithstanding the slavery clause, by majority
Of voters opposed to slavery but anxious to secure
its other provisions while it might be voted against
by minority in favor Of slavery but opposed to
some other of its provisions and hence the anoma-
ly might occur that pro-savcry constitution
might be put upon Territory by majority OPP
posed to slavery although it had been opposed by
minority in favor of slavery Every mind will per
ceive that to submit entire constitutions bundle
Of propostionsto popular vote, not to obtain the
popular verdict on any single one nay, is often to
obtain verdict distinct propositions in point
blank opposition to the sentiment of majority Of
to extort actual votes many propo-
,tions at war with the sentiments Of the very voters
casting them. The mere statement Of the case ex-
,lodes the beautiful theory of Gov Walker in favor
If the popular ratification of constitutions Popular
atificaton COMFORTS well enough with the theories
If radical democracy; but yet, in practical effect
md value voting upon entire bundles of propositions
n the lump can be little moro than farce.
The only mode Of getting at the precise sentiment
if the people on any distinct proposition imboded
n constitution, is to single it ont, and submit that
lone to the vote. The only honest and sincere mode
If getting at the sentiment Of people On proposed
constitution is to leave details to the representative
convention framing it, and to single out one or two
eading provisions for direct vote. We submit to tho
people Of the whole country II this only honest and
Andid course has not been pursued in Kansas
We submit if the great question Of national con.
FERN and controversy, which the whole nation are
demanding should be settled fairly and freely
by the people Of Kansas themselves, has not
been submitted ia the only manner in which il
could obtain direct aud positive decision according
o the viii of the people Of that Territory To have
bundled up the question Of slavery with hundred
others embraced in the Kansas constitutions and to
nave submitted the entire gross Of questions in the
Jump to the popular vote, would not have been to
allow the people Of Kansas free and untrammelled
decision Of the slavery question the great question
If sectional controversy which the people Of the
Union had delegated to them for their unbiased adj
Indication. To have submitted this question as
part of an entire constitution would have been com
oliance with the letter of the national expectation