The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1857-12-24
RAYENNA, THURSDAY. DEC. 24, 1857.

) Then, il the President be right in, saying
} that, by the Nebraska bin, the slavery
, question must be Submitted to the people,
, it follows inevitably that every other clause
of the Constitution must also be submitted
} to the people. The Nebraska bill said
, that the people should be left "perfectly
free to form and regulates their domestic
institutions in their own iwuy"--not the
, slavery question, not the Maine liquor law
question, not the banking question, not the
school question, not the railroad question
but "their domestic stitutions"--meaning
t each and all the questions which are local
, not national, state, nor federal. / arrive al
, the conclusion thst the principles eDuncia-
, ted so boldly, and enforced with SO much
ability by the President Of the United
States, requires US, out of respect to him
and the platform on which he was elected
| to send this whole question back to the
people of Kansas, and enable them to say
whether or not the Constitution which has
been framed, each and every clause Of it,
meets their appreciation. 81
The President, in his message, has made
an unanswerable argument in favor of the
principle which requires this question to
be sent back 1t is stated in the message,
with more clearness and force than any
language which can command; but can
draw your attention to it, and refer you to
the argument in the message, hoping that
you will take it as part Of my spcech-as
expressing my idea moro forcibly than
am able to express it. The President says
that question of great interest, like the
slavery question, cannot be fairly decided by
IA convention of delegates, for the reason
that the delegates are elected in districts,
and in some districts delegate is elected
by small majority, in others by an over.
whelming majority; so that it often happens
that majority Of the delegates are one
way, wlfile majority of the people are the
other W ay; and therefore it weuld be unfair,
end Inconsistent with the great principle of
popular sovereignty, to allow body Of del
egates, not representing the popular voice,
to establish domestic institutions for the
Fimass OF the people. This is the Presidents
argument to show that you cannot have a
fair and honest decision without submitting
it to the popular vote. The came argument
is conclusive with regard TO every other
question as well as with regard to slavery. =
But, Mr.. President, it is intimatedin the
! message, that although it was an unfertu-
nate circumstance, much &c be regretted,
that the Lecompton Convention did not
submit the Constitution to the people, yet
perhaps it may be treated as regular, be-
cause the Convention was called by Ter
ritorial Legislature, which had been repeat-
edIy recognized by the Congress of the
United States as legal body. beg Sen.
ators not to fall into an erroras to the Presi-
dents meaning on this point. He does not
say, he does not mean, that this Conven.
ton had ever been recognized by the Con.
gress Of the United States as gal or valid.
On the contrary, he knows, Us we here
know, that during the last Congress | re.
ported bill from the Committee on Terri
tories, to authorize the people Of Kansas to
assemble and form Constitution for them
selves. Subsequently, the, Ssnator from
i: Georgia (Mr. Toombs) brought forward a
substitute for my bill, which, after, being
modified by him and myself In consultation,
was passed by the Senate, y 1t is known in
the country as "the Toombs bill" 1t au.
thorized the people OF, Kapsas Territory to
assemble in Convention and form Consti-
tuition preparatory to their admission into
the Union as State. ,gXa7F ;a
That bill, it is we'll known, was defeated
in the House of Representatives. It mat.
ters not for the purpose of this argument
what was the reason of its defeat. Wheth.
er the reason was a political one; whether
it had reference to the then existing con.
test for the Presidency; whether it was TO
keep open the slavery question:; whether it
was conviction that the bill would not be
fairly carried out; whether it was because
there were not people enough in Kansas to
Justify the formation of a. State; :--no mat
ter what the reason was, the House Of Rep
, resentatiyes refused to pass that bill, ane
thus denied to the people Of Kansas the
right to form Constitution and State Gov
ernment at this time. So far from the
Congress of the Uuited States having sane
toned or legalized the Convention which
assembled at Lecompton, it expressly with
held its assent The assent has not been
, given, either in express terms or by impli
cation; and. being withheld, this Kansas
Constitution has just such validity and jus
such authority as the Territorial Legisla
! ture of Kansas could impart to it withou
the assent, and in opposition to the AnowI
will of Congress. Now, sir, lot me asl
what is the extent of the authority of Ter
ritorial Legislature as to calling Constitu-
tonal Convention without the assent .
Congress. q 'aHg' ~" '7'' '' -. an
Fortunately, this is not q new question
, it does not now arise for the first time
When the Topeka Constitution was presen
/ ted to the Senate nearly two years'ago,
: was referred. to the .Committee on Terrific