New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-18
Free State, thee c.p be no ssrci7stior 81 slaves or
.heiY incre ase forever.

Second There is not pri2r By ne eechoh o.
delegates legal approve OF ne C9as,a y, vc.s for
delegates for which there no census or regspyi
which could not psrtidpste N The eleehon, es Gos.
Walker proclaimed on September 10, 1857, YET dos
not follow that the Constitutional Convention was az
urlavful sssembsge nor does it follow, Il il were
lawful that their Constitution is to De vsNd' "''h0u'
the popular suffrage in ts favor.
This the people had here expressly reserved'o mem
In the organic sct-the confirming OF dispensing
The Territorial legislature could rot affect II organic
act. The sovereignty in this csse never departed
fIom the people. It not lodged In the Convehno1
II was clearly understood, and universally eApeS.eu
that il would be exercised By the people. Inc res
dent exptcted IT, He regrets the failure to submit II
Ary attempt to abrdge take away this popular SOW
ereienty s fraud Of so hideous character ina ial
eusse has term Of repfoach, nor the mind any ue'
Of deteststi,n, adequate 70 express or conceive Us i
guilty. A.. convo,.;or
who lodged it there LIST. Did Congress No. Tor
the So act CT Ss ss Of for
been no legislation by Congress on the subject.
On the contrary, Congress, by rejscipg Mr. TOomb's
bill re bS ts su Ts1os Il Congress
could lot do il, it could not was the creature OF
Corgress-of the organic at. II could not 90 wnst
the organic act under which il lived, did not author
ize The creature could not do what The crestor re-
fuse TO permit to be dore. Whist authority had this
Convention II i had none from Congress eouid II
be claim ed that the Territorial Legislature hsd an
authority from the people TO call this Convention
Upe.s that b. express sho sn, it viii not be implied.
If it be rot expressly shown that sovereignty vas
reserved 10 the people TIE Territorial Legislature
derived its powers from the act creating it, Those
powers are defined, ard but generally defined, in The
"Thst the Les i've power Of the Territory h.li extend to
all sbtf subject. Of legislation consistent WIN tne ,hu
ton of States and the provisions OF TINS act
In no part of the act Is there any express power
| call Convention to frame Constitution. VINO will
| ,sy that such a power can be implied Au'nority
laoia th-f Tarr1 al
latu1e has the power 10 call Constitutional CONVEX
| ton. 1t csnn,t override the orgsnic a~ any more
than it ran destroy the Constitution OF the Onon Inns
il reasonable. 1t does not depend on the strensa OF
him who utters it, but authority does. We nave that
authority from Statesmen of such conspicuous grea
ness that no one will question them--Thomas Jefer-
| fon, Andrew jackson and James Buchanan
Jefferson always spoke of the htst Constitution OF
Virginia adopted in f76 as wanting the popular sane
tiop. In 1884 he regarded the scquiesceGce OF the
people even as 10 supply for the want OF original
| bower from them. Here are his words:
by n, people to form permanent Constitution which
their successor in legislation should have power OF sera
sp d mhy s .na s %e when the
had not been & ae Oh. ,s mp coh
ton Yet could be than an act OF legislation
ala indeed that the Of the people has
suppsd the original power But IL dsnseous les
lawful suhety over You i you not .ca. resist
w be b.. Se drsd Whether
he i,ananeou whe the right resist whether il
has yet ceased OF the twenty four States pow otsLed
dapprov.d doctrine and example and
the forus authority Of their people necessary
| fount attic L for their Constitution" ~
In the Arkansas case the question was fairly met by
Gen. Jackson's Attorney General, who decided that
the Legislature could not act the formation OF a
| State government. In the Michigan case, Mr. Bu-
chanan held in 1885, that Legislatures had no right
rhaterer TO pass lars enabling the people TO elect
delegats TO a ConUention for The purpose Of forming
" State Constitution. II 'cas an act Of usurp1t'on
| " on their part" g.,
II Jefferson, jackson, and Buchanan right, if
reason right then where is the authority Oh this LIE.
| compton COnveLtoni
is said that precedents are found In Michigan and
| California. All but in those cases there was no
AID inform aes may be dere garded when the popular
voice gives the substance to the application. B1! in
a csse like this of Kansas, form is substance. When
the voice of the people is ambguc or in doubt or
sgsipsf the Constitution, il is clear Congress should
rtguire a popular verdict before il should pass judg
| me Mt Even in Wisconsin, where Congress provided
for Convention in March, lS47 1t sent the COnstitu-
ton back 10 be submitted 10 the people. This was
wise ano constitutional The people rejected the first
Cor ttitution made second and were admitted under
| it 10 May, 1873.
in the enab ing act provision is made for submission.
only refer TO it now to show that the policy Of this
couLtry is becoming fixed in that way. Our earlier
Constitutions lot submitted the President
marks; but lately the people are taking deep in-
tre.t 10 rstitu ona questions. They not only like
to pass upon them, but is their privilege to do so by
that surest Of all modes the silent ballot Wherever
this possible agent shall intervene between them
| and their will. That is Democracy It's progress
| may be marked in the fact that twenty one out OF
tbifty of the present Constitutions OF these States
have been submitted TO the people. Here is the'list
whose COnstuoa'' hare been submitted 70 TIE peoPh
| for TdtFoation-