Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1857-12-24

for themselves, authorized tue FIeS-
ident. or the Cabinet, or Governor Walker, OF
tell the Convention of Kansas whether they
should or should not submit the question to the
people. ] am not going to stop to inquire how
far they were authorized to do that, 1t being my
opinion that the spirit of the Nebraska bill re-
uuired it to be done. 1t is sufficient for my pur-
pose that the Administration of the Federal Gov
eminent unanimously, that the administration of
the territorial government, in all its parts,
unanimously understood the territorial law un-
der which the Convention was assembled to
mean that the constitution to be formed by that
Convention should be submitted to the people
for ratifcation,or rejection; and, if not confirm
ed by a majority of the people, should be null
and void, without coming to Congress for npPro-
val.
Not only did the National Government and
the territorial government so understand the
Law at the time, but, as have already stated, the
people of the Territory so undcrstoodh AS
further evidence on that point, a large number,
if not a majority, ofthe delegates were instruct
ed in the nominating conventions to submit the
constitution to the people for ratification. l
know that the delegates from Douglas county,
eight in number, Mr.. Calhoun, president OF the
Convention, being among them, were not only
instructed thus 10 submit the question, but they
signed and published, while candidates, a written
pledge that they would submit it to the people
Tor rallQCaIOQ. L KNOW utaI ulSI, llSu III III
thority, and in the confidence of the territorial
and National Government, canvasscd every part
of Kansas during the, election of delegates, and
each one of them pledged himself to tue peo-
pie that no snap judgment was to be taken; that
the constitution was to be submitted to the peo-
pie for acceptance or rejection; that it would be
void unless that was done; thai the Administra-
ton would spurn and scorn it as a violation of
the principles on which it came INFO power, and
that a Democratic Congress would hurl it from
their presence as AT insult to Democrats who
stood pledged to see the people left free to form
their domestic institutions for themselves.
Not only that, sir, but up 60 the very time
when the Convention assembled, on the first
Of September, so far as 1 can learn, 1t was I'M
derstood everywhere that the constitution was
to be submitted for ratification or REJECTION
They met, however, on the 1st of September,
and adjourned until after the October election.
| think it was wise and prudent that they should
thus have adjourned. They did not wish to
bring any question into that election which
would divide the Democratic party, and weaken
our chances Of success in the election. 1 was
rejoiced when | saw that they did adjourn, so
as not to show their hand on any question that
would divide and distract the party until after
the election. During that recess, while the
Convention was adjourned, Governor Ransom,
the Democratic candidate for Congress, running
against the present Delegate from that Terrific
~ " al NeshhN SNSAN PM Va 49, 80 -
vOr of the doctrine of submitting the c%OnStitu-
ton to the people, declaring that the Democratic
party were in favor of such submission, and
that it was n SANDER of the Black Republicans
to intimate the charge that the Democratic par
ty did not intend to carry out that pledge in
good faith. Thus, up to the time of the meet
ing OF the Convention, in October last, the pre-
tence was kept up, the profession was openly
made, and believed by me, and / thought be-
lieved by them, that the convention intended to
submit a constitution to the people, and not to
attempt to put government in operation without
such submission. The election being over, the
Democratic party being defeated by an over
whelmtng vote, the Opposition having tri-
uinphed, and got possession of both branches
of the Legislature, and having elected their ter
%ritorial Delegate, the Convention assembled,
and then proceeded to complete their work.
Now let US stop TO inquire how they redeem
ed the pledge to submit the constitution tn the
people. They first go on and make a c~onstitu-
ton. Then they make a schedule, in which
they provide that the constitution, on the 2lSt
of December-the present month-shall be
submitted to all the bona Tde inhabitants of the
Territory on that day, for their free accept
ance OF rejection, in the following manner,
to wit: thus acknowledging that they were
bound to submit it TO the will of the people,
conceding that they had no right to put it into
operation without submitting 1t to the peo-I
pie providing in the instrument that it should
take effect from and after the date of its r%atitica-
ton, and not before; showing that the constitute
on derivesi its vitality, inthcir estimation, not from
the authority of the convention, but from that
vote of the people to which it was 10 be submit
ed for their acceptance or rejection. How is it
to be submitted? 1t shall be submitted in this
form "Constiution with slavery or constitution
with no slavery" All men must vote for the
constitution, whether they like it or not, in or
der tobe permitted to vote for OF against slavery.
Thus n constitution made by a convention that
had authority TO assemble and petition for a re-
dress Of grievances, but not to establish a gov
ernment-a constitution made under IL plege of
honor that it should be submitted to the people
before 1t took effect; a constitution which pro-
vides, on its face, that it shall have no validity
except what it derives from such submission
is submitted to the people at an election where
all men are at liberty to come forward freely
without hinderanee and vote for it, but no man
is permitted to record a vote against it.
That would be as fair an election as some of
the enemies of Napoleon attributed to him when
he was elected First Consul. He is said to have
called out his troops, and had them reviewed by
his officers with a speech, patriotic and fair in
its professions, in which he said to them: 'rNow,
my soldiers, you are to go to the election and
vote freely just as you please. If you vote for
Napoleon, all is well; vote against him, and YOU
are to be instantly shot" That was a Eair cleo
ton. Laushter.) This election is to be equal