New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-18

;,e, State except by tae moral III e o. Tvs nnaence
"a .,anple. Toe Government q the United Sti,eF,
sssS,,G AZ we have shown, no sovereignty
civ delegated powers to them alone, IT
80 Ock for the exercise OF constitutional
"n,hen'y in the Territories ~ we'll "a the states,
- there 10 not epg'e power granted by ina
sS,.ttution 70 this Government Ia Territory
S;cb il not g,antt In State, eIcep. the power % :
re lew States INTO the Unoa, when a. saoNn oy 'Ie
Madison Papers, the aTers oI me Coesaa ,o INIT q
our then xig,ing Territories. 10 the Territories tneh
"A WEI, a. the States Congress possesses no soVsf-
eic1y apO can exercise only the powers deeSatou
she Constitution; and Gil tne poWe,s nv u;n' 81
ave doystt or reserved powers belo gog IN co nnon
e,tory 20 all the Ststes coequa Joint tenants mere
ofthst highest pSc power allied poPui. SOY ''elSn
Nv" IL III be perceived that this doctrine taa' soVer
sierty makes Constitutions that s1veteigay rests
vo'v with the peope OF each State, that SOW
erei tty cannot be delegated, that II Is ms ienaoe,
ipoiyisble" ga unit incapable OF partition, are doc
tines ever regarded by me a; ianosuen.a PRINCIPLES
will he seen that these views which have entertainer
were rot framed to suf any emergency In ksnsss oI'
were ny lifelong principles, and were puohSheo over
my ewn sigr sture twelve months beore nay dePsIue
10 tina, Territory and when neeer thought OF gong
10 Kansas. These rights l have ever regarded as
fully secured to the people OF AL the territories, IN
adopting ther State Constitution BY the han'as and
Nebraska bill. Such is the construction gwen TO that
set by Congress in passing Inc mlnne.ota
bill, 60 Justly spplsuded by the President.
such ia the construction of this kansss act by Its dis
tnguisbsd epbor not only 10 1s la,e noSt epls afsu
rnen Out in addresses made cad published by him long
.nteccdcpt IN that date showing that this sovereign
power of the people in acting upon State Con'iitu-
siop is not oenDed TO the question OF Slavery but in
cludss ali other subjects, embraced in such an instru
rnsnt Indeed, be ieve the Kansas and Nebraska
mi would have violated the right Of sovereignty
served 10 the people Of each Stse by the Federal
Constitution II it nad deprived them, or Congress
should ov deprive them Of the right Of voting for
agapst their State Constitution. The President, in
his message thinks that the rights secured by this bill
10 the people in acting upon their State Constitution,
are fined TO the Slavery question: bat think, a.
dis the power that makes Constitutions and Govern
"msi Re ;" ard that not only the Slavery clause IN
State Constitution but all ohers, must be submitted.
The President thinks that sovereignty csn be dele.
gated at least in psrt think that sovereignty can
2ot be delegated at all The President believes tdat
cover, ignty Is diVsitle between conventions and
people, to be exercised by ths former on all subjects
but Slavery and by the latter only on that question;
Whereas think that sovereignty is inattenabL fndt-
visible unit, incapable OF partition, and that II can
not be delegated in whole or In part 1t will not be
denied that sovereignty is the only power tina. can
make State Cor stuton, and that ii rests exclusively
with the people and if it is inslenabe and cannot be
deleg sted as have shown, then it can only be exer
cised by the people themselves, under our Govern
nent. We know no soveIeigps but the people. Con-
veLtiCns composed Of delegates" They are
aeye agents or trustees, exercising not sovereign but
oet lated power, and the people are principles. The
power delegated 10 such Convention can properly only
or ree con can only be performed by toe power where
alone restsnamely the people themselves.
Wemust net confound sovereign with delegated power.
The provisional authority OF the Convention 70 frame
Consttutop and submit II to the people, Is delegated
power, but sovereignty alone which rests exclusively
with the people, ratfy and put in force that Con-
ettution. And this is the true doctrine of Popular
Hov ertigpty, and know CT no such thing, nor does
the Ft ders Constitution recognize it delegated
CONVEX tonal sovereignty. The President in very
lucid passage of his able message gives unanswerable
reasons why the people and not Conventions should
decide the question OF Slavery. lie says, very truly
mat from the necessary division of the inch pate State
into diet icts majority of the delegates may think
sne way and the people another, and that the dele
gates as was tse case In X Msas may violate their
pledges, or fail to execute the will of the people.
And why does not this reasoning apply with
eoual force to all other questions embodied
IN the State Constitution, and why should the qaes
fr;pe of Popular Sovereignty and the tight OF self
government Most fortunately this is no sectional
A. for belongs alike to the states admueu OF
inchcate Of the South az OF Inc NORM. ~ rs No. q
yqoon,r soyere,gnty and my objections to the Ls-
Com pton Constitution are equally strorg, whether
Kama, I'll der its Irovisors should pc msoe Free
or Slave State My objections are based upon the
violation Of the right of sefgovernment and popular
xoyerecnty ard Of forcing any Constitution upon the
people agnit their will, whether it recognize: Fee
aom or Slavery. Indeed the hrst question: whlcn ,ne
nsonla oucbt TO decide in forming Government for
"A inoht ate State is, whether they Will change
or not from a Territ rial to State Government.
Now az no one who With me denies Fe1eiai OF Isrn-
torial sUyeYeign,y will contend that territorial Leg
lsature Is sovereign, or represen. % ~, 'm s
trs nsSer sovereignty which 1t does not possess 70
STeYritorial Convention. This change from iernorAl
70 state Coyernut Mt only be made by tue power
whsre severe gnty rests with the people. Yet state
overr ,nept is forced upon the people OF Kansas by
III ptou Constitution, aud not aganst IT, BAT,
has;des the char CO from Territorial 10 STATE Gov
eminent which the people alone have right 10 make.
In framing State Constitution there are many othet
~ tons ouestons included in that instrument 1t
:nsoIyos ali the mowers Of State Government. Where
Il ,be bl of right. tue Magma Charsa of the Liberties
~ free people-the legislative executive ana lual-
ea functions the s1ns p0 Sf sdu e he
ssrred relations of husband and wife, parent
and child. guardian aud ward, and all the ms
Affecting life liberty ard property. Ihefe Is also tse
questions of State debts Of banks ana paper money
Ard VIII, Their they shal be permitted or prohibited
AZ ali free government stated by Mr.. Jefferson,
de pxpds upon the coneent OF tue governed no"
can II be knSvn whether the people would assem- 10
ara Consttuon uuess il be sub Ditted TO their Vole
foY rst6cation or rejection But if scquescence can
he nresumed in any case surely cannot be IN tna
Kansas where so many Of the delegates violated
then pledae &c submit the Constitution itself 10 vote
of The people, where the delegates VINO ns the
naoDle a where nearly onehslf OF the counties OF
The IT. ,tory were d franchises and tnAt oy NO ihu
AZ thei,s and cid not and could not give singe Vole
q, ths ee ctop Of delegates to the Convention lhave
htoye discussed The subject manly on the question
that conventions are not sovereign, and CANNOT gnt
Tuly make State Constitution without its suoinsloh
10 vote Of the people for ratification or re)eoupn
Yet surely, even those a ~sT a uoder the Kansas
Sehrasks act il IS only such conventions can pe
alled sovereign have been truly electeo oy Tue
.neonIe and represent them well. % reference no"
90 20 INV address Of the 10th Of September last on
a