New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-18
KANSAS.
NETTING OF TIE LEGISLATURE.
FORMATIONS BY THE lEcoMProNIT1s'
MESSAGE FROM ACTING GOVERNOR
STANTON.

LIcosPToS, Dec. 8, 1857.
y.e. citizen, Of tie CeuAe and HOss Of Representatives.
In the absence OF the Governor, who, by leave OF
tie President has gone for short tue to Washington
On important public business, and while thus temper
ary clothed, by the Organic act, with ell me powers
and duties Of the chief executive Office OF tne Aei
ssry, l find myself compelled, By sense Oh any 70
es you together in order that you msy ADOPT prompt
legislative measures to avert the calamsties WHOM
imminently threaten the pubic peace FROM the
represer tatons of majority OF your own bodles, as
well as from other Information Of an authentic chsrsc-
Ter, have reason to know that recent eyents nave
produced a profound agitation OF the pu0hc mind,
and that sense Of wong and injustice, whether vel
OF Mfound.d add al apprehension oil grea'er eVis 10
arise therefiom have aroused the people OF the er
ritory to d condition OF dangerous excitement. Inc
roceecings Of the late Constitutional Convention are
he Immediate cause Of this trouble and alarm
The law passed al the last Session Of the legislative
Assembly, providing for the organization OF Conven,
ton to frame o Constitution for the government OF
Kansas Of the States Of the Unon, was adopted
ct period when, unfortuDa ely, the people oil the
Territory divided by bitter hostility, resunos
from the previous state VI commoton and civil war
In consequence Of this embitteed feeling, and the
mutual dsiIust naturally thereby epgend.red, one OF
the parties constituting large majority OF the people,
r.sted alInost entirely from any participation 10 the
proce cdr 20 instituted uoder the law aforesaid The
GENIUS therein provided for was imperecuy Obtained
from unwilling people, In nineteen counties OF the
Territory; while 10 the remaining COUNTIES, oeng aso
nineteen In number, IRON various CAUSES no attempt
vxs made to comply with the law. 10 some instances
people and officers alike averse to the proceed
g others, the officers neglected or refused 70 ect
and 10 rome, there was but small population ana no
efficient oganiZ aton enabling tue people to secure
representation in the Convention. Under the opera
hon of sill these causes combined, census list was
obtained of Only 925l legal voters confined t. pre-
ciely one half The counties Of the Territory though
there undoubtedly contained much the larger part OF
the population.
Al tie election which followed in pursuance Of the
law only 200 persons being less than onefouith OF
the registered voters participated, in any manner In
the choice Of delegates, either by voting for those
elected, for other persons The average aggregate
vote in favor Of the successful Candidates was ABOUT
1900.
II thus appears that in the election OF the 18th OF
June last delegates to the Convention, the grea,
mass Of the eopls refrained from voting and left the
whole proceeding, with all It's important consequences
70 the active minority unaer whose auspices the Ia
hsa been enacted aud also executed 30 far as that
could be done by the executive officers without the
concurrence Ct a majority Of the people.
That the refusal OF the majority to 90 into the cleo
ton for delegates was unfortunate too apparent
20 be denied 1t has produced all the evils aud dan
gers Of the present critical hour. IL hes enabled
body of men, not actually representing the opinions OF
the people, tboHgb regularly and egllmately clothed
with their authority, to prepare for them a fIrm OF
government and to withhold the greater part OF Its
most important IOyisions from the test Of popular
judgment aDd sanction. IL has created the present
profound excitement, consequent upon tue apprehen-
sion that Congress may admit the State under this
Constitution, end that the people OF Kansas may be
thus forced to submit to the operation of fundan
tai law in the adoption of which they have had no
actual participation.
1t 10 not my purpose, nor Ia 1t necessary TO inquire
how far 81 her of the parties into which the people
urhsppiy divided upon the procee dlDgs IN ques
ton, ustfsble in the course pursued. The only
important question which seems now to concern the
people Their representatives, u.s. as ~ the legal and
political effect of the facts stated-whetker they do
or do not impose upon the whole people an obligation
10 accept work Of the Convection and to aesce
in its plan of adopting the Constitution and senoing 1t
ND to Congress for tho admission Of ksLsas as State
INTO the Union.
II h Convention, organized as this was, can be con
SideIed embOcyng in Itself the Sovereignty OF the
the people, IL difficulty is undoubtedly insupertsble
ard the omission OF the majority 10 vote last Ju0e Is
past all pres.Lt remedy But, 10 my judgment, such
a position cannot he successfully maintained. The
Fundamental principle OF popular sefgovernment and
especially Of that republican form which the Con-
sti'uiicn Of the United States guarantees 70 every
member Of the Confederacy, excludes the possibility
OF the delegation or transfer OF their sovereignty oy
the people to any authority whateveI' In It's very
ratuIe, that sovereignty which erects governments
and endows them with their legitimate powers can be
exercised only by the people themselves 1t ia inca-
psbe Of alienation and is as nsepara5y inherent In
the body Of the people are personal identity and In
dependent will in each Individual.
The people cannot dvest themselves OF II any more
than Individual dvest himself OF his own m,ai
responsibility. Any other theory would Involve the
sbsurdy of the possible subjecnon of the sovereign
10 its delegated sgent For If the sovereignty be az
tuslly delegated transferred, it may evidently be
used to eDssve the sovereign people Themselves IL
the Convention could enact Constitution and put II
in force Of its own authority il could readily adopt
and perpetuse the most ty ranniea provisions; for If
the Constitution, as In thi, case, may be made per-
manept VI til 1863 it might equally be made perpetual
and unalterable.
10 Its essential character, when about to frame
State Government, the sovereignty OF the people OF
Territory is identical with that OF the people of State.
~ he "a
dent; otherwise the new State would not stand upon
an equality with the old ones. The perfect equality
of al the members of the Confederacy is the very
basis Of the Federal Constitution. Ii ia tue that q
Territory cannot become State of the Union wltbou at
the consent Of Congress. But this discretion on tue
part Of Congress does lot imply the power to dictate
institutions to the people OF the Territory, or IN any
way to restrain limit, force their sovereignty 10
the exercise Of its high function Of framing its
State Government. Che only rightfal power which
Congress has in the premises is 10 determine when the
new community Is sufficiently mature to assume in
depepdent government, and TO recog aze the identity
of the people in their new form Of State.
That clause of the Constitution guaranteeing to the
States Republican form of government imposes
the obligation ~ protect the people in their sovereign
~ and D prevent its alienation il that were possible
y departure from the true repu 5lican form. Con-
grsss therefore, has no rishtfal power 10 accept q
State Government which has not received the sanction
Of the people who to live under it, The attempt
80 exercise such power would be plain violation Of
the Consultation. 1t would be toe lsss q usnrps
ton, because the people might siteFward regaia their
violated sovereignty
The instances in which Congress has recognized
and received rev States, without the actual subnis-
sion Of their constitutions to the vote Of the people
are not necessarily IL conflict with tae principles
asserted. Doubtless il the people Of Territory shsud
quietly scquiesoe in the adoption of constitution
passed for them, they might thus give very satisfactory
evidence of their appreciation. But no instance can
be found record Of constitution accepted by Cog
gress sgsrst the will of majority Of the people,
pressed IN any distinct mann 81 whatever.
II is rot intended herein to assume that the people