Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-12-16

structed TO use the military power to protect
the polls when the constitution shall be sub
mitted to the people of Kaazas for their free
acceptance or rejection. Trace the history q
little further. ard you will fId that Governor
Walker went to Kanzas and proclaimed. in
his inaugural and in his spseches at Topeka
and elsewhere, that it was the distinct under
standing, not only OF himself, but OF those
higher in power than himself meaning the
1 President and his Cabinet-that the cOnstltu-
ton was to be submitted to the people for
their free acceptance OF rejection, and that he
would use all the power at his command to
defeat its acceptance by Congress, if it We're
| not thus submitted to d vote Of the people.
| Mr. President, am not going to stop and
| inquire how far the Nebraska bill, which said
the people should be left perfectly free to form
! their constitution for themselves, authorized
| the President, or Cabinet, or Gov. Walker, or
any other Territorial officer to interfere and
tell the Convention of Kanzas whether they
should OF should not submit the question to
the people. | am mol going 10 stop to inquire
how far they were authorized to do that, it
being my opinion that the spirit of the Ne
braska bill required it to be done. 1t is suf-
hcient for my purpose that the Administration
of the Federal Government unanimously,
that the Administration Of the Territorial
Government, in all its parts, unanimously
understood the territorial law under which
the Convention was assembled to mean
that the Constitution to be formed by that
Convention should be submitted to the
people for ratification or rejection, and, if not
confirmed by majority of the people, should
be null and void, without coming to Con-
gress for approval. Not only did the National
Government and the Territorial Government
so understand the law at the time, but as |
have already stated, the people of the Terri
tory so understood it.
As further evidence on that point large
number, if not majority, of the delegates
were instructed in the nominating conven-
tons to submit the Constitution to the people
for ratification. l know that the delegates
from Douglas county, eight In number, Mr..
Calhoun, President of the Convention, being
among them, were not only instructed thus
to submit the question, but they signed and
published, while candidates, written pledge
that they would submit it to the people for
ratification. l know that men high in au-
thority and in the confidence of the territorial
and national government, canvassed every
part of Kanzas during the election of dele
gates, and each one pledged himself to the
people that no snap judgment was to be ta-
ken that the Constitution was to be sub
mitted 10 the people, for acceptance or rejec.
ton; that it would be void unless that was
done; that the administration would spurn
and scorn it as a violation of the principles
on which it came into power, and that Dem
ocratic Congress would hurl it from their
presence, as an insult to Democrats who stood
pledged to see the people left free to form
their domestic institutions for themselves.
Not only that, sir, but up to the time when
the convention assembled, on the first of Sep
TENDER, SO far as can learn, it was under
stood everywhere that the Constitution was
to be submitted for ratification or rejection.
They met, however. on the first of Septem-
Der, and adjourned until after the October
election, think it wise and prudent that
they should thus have adjourned They did
not wish to bring any question into that cleo
ton which would divide the Democratic par
ty, and weaken our chances Of success in the
election. l was rejoiced when l saw that
they did adjourn, so as not to show their hand
on any question that would divide and dis
tract the party until after the election. Dur
ing that recess, while the Convention was
adjourned, Governor Ransom, the Democratic
candidate for Congress, running against the
present delegate from that Territory. was can
wasting every part of Kanzas in favor of the
doctrine of submitting the Constitution to
the people, declaring that the Democratic
party were in favor OF such submission, and
that it was Islander Of the Black Republic
cans to intimate the charge that the Demo-
cratic party did not intend to carry out that
pledge in good faith. Thus up to the time
of the meeting of the Convention in October
last, the pretence was kept up, the profession
was openly made, and believed by me, and l
thought believed by them, that the conven-
ton intended to submit Constitution to the
people and not to attempt to put a Govern
ment in operation without such submission.
The election being over, the Democratic
party being defeated by an overwhelming
vote, the opposition having triumphed, and
got possession of both branches of the Legis-
lature, and having elected their territorial del
egate, the convention assembled and then
proceeded to complete their work. Now let
us stop to inquire how they redeemed their
pledge to submit the Constitution to the peo-
pie. They first 60 on and make a Constitu-
ton. Then they make schedule, in which
they provide that the Constitution, on the
2lst of December-the present month-shall
be submitted to all the bona fde inhabitants
of the Territory on that day, for their free
acceptance or rejection, in the following man
ner, to wit: thus acknowledging that they
were bound to submit it to the will of the
people, conceding that they had no right to
put it into operation without submitting it to
the people, providing in the instrument that
it should take effect from and after the date
of its ratification, and not before; showing
that the Constitution derives its vitality, in
their estimation, not from the authority of
the convention, but from that vote of the
people to whom it was to be submitted for
their free acceptance or rejection. How is it
to be submitted? 1t shall be submitted in
this form "Constitution with Slavery, or
Constitution with no Slavery" All men
must vote for the Constitution, whether they
like it or not, in order to be permitted to vote
for or against slavery. at
Thus constitution made by convention
that had authority to assemble and petition
for a redress of grievances, but not to estab-
lish governments constitution made under
pledge of honor that it should be submitted
to the people before it took effect; constltu-
ton that provides on its face that it shall have
no validity except what it derives from such
submission-is submitted to the people at an
election where all men are at liberty to come
forward freely without hindranee to vote Tor
it, but no man is permitted to record vote
against it. That would be as fair an election
es some Of the enemies of Napoleon attributed
to him when he was elected First Consul.
He is said to have called out his troops and
had them reviewed by his officers with a
speech, patriotic and fair in Its professions, in
which he said to them SNOW, my soldiers,
you are to go to the election and vote freely
just as you please. If you vote for Napoleon,
all is we'll; vote against him, and you are in
stantly to be shot" That was fair election.