The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-18
MEETING OF THE LEGISLATURE.
LILY ON tho ~ L oiin xa..hli1.axa IL


Secretary, q. \. Coton Assistant Secretary D. H. Weir
Engrossins Clerk AMI divers other oces In the House
G. ". Deizler, elected President G. f. Currer Cher
Clerk and iul set of officers
We hear from the Territory that there intense
cement among al classes ofpeople, and is hardly pro-
babc that the party opposed to the Lecompton Convon
on viii win permit an election to be held on the 2st Mt
all Jim Lane, with three or four hundred Of his myrmi
dons and followers encampcd near 1econlpton,
tensbly 10 keep the peace, but really 10 oyerawo, IL
seems 10 us the members Of the lorstatulJ, and to Sc
cure such action as they desire with reference TO the c
compton constitution Many threats of determination
drive Gen. Calhoun, and all the members who
cerned with him in the formation and submission OF tho
constitution out Of the Territory, and 10 take their
lives have been made but no outbreak of this knd had
been attempted.
News OF the dismissal of Mr. Secretary Stanton and of
the appointment Of General Denver in his stead had not
reached Kansas, but the impression Of informant is
that il viii bring things to an issue in the Territory at
once. Perhaps when they find that the President has
adopted his course and will employ all the at his
command TO sustain the legally constituted authorities and
enactments they may hesitate about bringing matters TO
bloody termination as they declare they will do regard
less Of consequences"
ACTING GOV. sTANTON's MESSAGE
IEcoMProN, Dec. =, 1857.
FELLOW CITIZENS THE COUNCIL HOUSE REpRSEN-
In the absence of the Governor, who, by leave Of
the President, has gone for short time to Washing
ton on important public business and while thus tempo
rary clothed by the organic act with all the powers and
duties Of the chief executive Office Of the Territory find
myself compelled by sense of duty to call you together,
in order that you may adopt prompt legislative
TO avert the caamiies which nmnently threaten the
public peace. From the representations Of majority Of
your own bodies as well as from other information Of an
authentic character have reason to know that recent
events have produced profound agitation of the public
mind and that OF wrong and Injustice, whether
well i'll founded, and apprehension Of greater evils
10 arise thcrefrom have aroused the people Of the Terri
tory to condition OF dangerous excitement. The pro-
ceedngs of the late Constitutional Convention the
mediate cause Of this trouble and alarm.
The law passed at the last session of the Legislative As
semby, providing for the organization OF Convention
frame constitution for the government Of Kansas
Of the States OF the Unon adopted at period
when unfortunately, the people OF the Territory d
vided by bitter hostility resulting from the previous
state Of commoon and civil war In consequence of this
embttered feeling, and the mutual dstrust naturally
thereby engendered OF the parties, constituting
large majority Of the people, refraincd almost entirely
from any participation in the proceedings instituted under
the law aforesaid. The therein provided fer
imperfecty obtained from an unwilling people IN nine
teen counties OF the Territory while IN the remaining
counties being also nineteen in number, from various
causes no attempt was made to comply with the law.
In some instances people and officers were alike avcrso to
the proceeding; in Others the officers neglected
fuced 10 act and in there but a small popua-
on and efficient organization enabling the people 10
representation In the Convention. Under the
operation OF all these combined census list
obtained OF only nine thousand two hundred and fifty one
legal voters confined To precisely one half the counties OF
tho Territory though these undoubtedly contained much
the larger part OF the population.
At the election which followed In pursuance OF the law,
only two thousand two hundred personsbeng less than
onefourt OF the registered votcrs-porcpatcd nl any
In the choice OF delegates either by voting for
those elected for other persons The average aggrc
gate vote in favor OF the successful candidate wa5 about
eighteen hundred
il thus appears that in the election Of the 18th Of June
last FOR delegates the Convention the great Of the
people rcfrancd from voting, and left the whole proceed
ing with all It's important consequences, 10 the active mi
nurty under whose auspices the law had been enacted
and also executed far that could be done by the
executive officers without the concurrence OF majority
OF the people.
That The refusal OF tho majority 90 election
for delegates unfortunate b now too apparent to be
ocned has produced all the evils and dangers Of the
present critical hour II has enabled body OF men, not
actually representing theiopnions Of the people, though
regularly and egmatey clothed with their authority 70
prepare for them form Of government and to withhold
the greater part Of its most important provisions from the
test Of popular judgment and sanction. 1t has created
the present profound excitement consequent upon the
p-ehension that Congress may admit the state under this
constitution and that tho people Of Kansas may be thus
forced 10 submit to the operation Of Fundamental law In
the adoption Of which they have had no actual partot
patton.
It is not my purpose IL II necessary 10 inquire how
far either Of the parties into which the people unhap
PLY divided upon the proceedings In question iust
fable In the pursued The only important question
seems nov @ 70 esa aas ' e ese m %
facts siaedwhcther they do or do not impose upon
the whole people obligation TO accept the work OF the
Convention and 10 aequiesce in s plan Of adopting the
constitution and sending up 10 Congress for the adms
sion of Kansas a State into the tnonY
If n Convention, organized this was can be cons
dcred cmbodyng itself the sovereignty of the pco
pie the difficulty is undoubtedly nsuperablc, and the
omission Of the majority to vote last June u past all pre-
be successfully maintained. Tho fundamental prnc
pie of popular self and especially Of that
rcpublican FORM which the constitution OF the United
States guarantees 70 every member Of the confedcracy
excludes the possibility OF the delegation transfer of
their sovereignty by the people to any authority what
In very nature, that sovereignty which crccts
governments and endows them with their legitimate pow
ers be exercised only by the people themselves II
incapable OF alienation and Is nscparaby inherent
In the body Of the people personal Identity and in
dependent will in each individual
The people canno, dvest themselves Of II, any more
than individual divcst himself Of hts moral
responsibility. ANY other theory would involve tho alb
surdy of the possible subsection of the sovereign 10 i
delegated agent Tor the sovereignty be actually dele
gated or transferred may evidently be used 20 ensave
the sovereign people themselves the Convention could
enact constitution and put II In force Of M own auhori
ty could readily adopt and perpeuaie the mosttyrsnni
cal provisions for " the constitution, this case, may
be made permanent until lses, II might equally be made
perpetual and unaerablc.
In its essential character when about 10 frame State
government the sovereignty OF the people Of Territory
Is identical with that of the people OF state II
cessary be equally penary and independent other
wise the state would not stand upon an equality with
the old ones The perfect equality Of all the bers Of
the confcierscy the very basic of the federal constt
ton II is true that Territory become state Of
the Union without the consent OF Congress But this dis
crcn the part of Congress does not imply the power
dictate institutions to the people q the Territory, in
any way restrain limit or force their sovereignty IN
the exercise Of s high function OF framing Ia state
government The only rightfu power which Congress
has the premises, isto determine when the
muniiy sufficiently mature 10 assume m independent
government and 20 recognise the identity OF the people In
their form Of n state.
That clause Of the constitution guaranteeing to the
States republican form OF government imposes the
prevent It's alienation, II that possible, depar
from the true republican form Congress- therefore,
has no rghtfu power TO accept state government which
has not received the sanction Of the people who 10 live
under H. The attempt to exercise such power would be
phin violation OF the constitution would be pone No
lees usurpaton because the people might Afterwards re-
gain their violated sovereignty.
The instances IN which Congress has recognized and re
ccived new states without the actual submission OF their
TO the vote Of the people not necessarily
In conflict with the principles asserted. Doubtless II
the people q Territory should quietly scquiesce IN the
adoption Of constitution passed for them they might thus
give very satisfactory evidence Of their APPRECIATION But
instance can be found on record OF constitution ac
ceped by Congress against the will Of majority OF the
people, expressed In any distinct manner whatever.
II is not intended herein TO assume that the people M
the Territory are opposed 10 the constitution which TO
be submitted In certain form, on the 21st Instant It's
sufficient for the occasion which now convenes the Legs
laye Assembly, and for the purpose OF this communca
tion, that there Is wide spread dissatisfaction, threat
ening TO disturb The tranquility Of the people II there be
any means ofprcventng the dscord and possible violence
which so seriously apprchendes as the result Of the
partial nmperect election authorized 70 be held At the
named under the authority Of the Constitutional Con