The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1857-12-29

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the people in acting upon State Consti,
tuition is not confined TO the question 'of
slavery, but includes all other subjects en-
braced in ,uch an instrument. Indeed ]
believe the Kansas and Nebraska hill. wo'd
have violated the right of Sovereignty rp-
served to each State by tho Federal Con-
stitution, if it had deprived them, or Com
gress should now deprive them, of tho right
OF voting for or against their State Consti;
tuition. The President in his message,
thinks that the rights secured by this bill
to tho people, in acting upon their State
Constitution, arc confined to tho slavery
question, butt think as shown iss1yik va.
dress beforo quoted, that Sovereignty il
the power that makes Constitutions and
governments" and that not only the slave
ry clause in State Constitution, but al
others, must be submitted. -
The President thin'is that sovereignty
can be delegated--at least in part; I think
that sovereignty connot bo delegated 'xs
all. The President thinks that sovereign
ty is divisible between co .ventions aud
people, to be exercised by the former on
all subjects bu. slavery, and by the lattst
only on that question; whereas l think.
that Sovereignty is inalcnable, indivisble;.
a unit, incapable of partition. and that il
cannot be delegated in whole or in part.
1t will not be denied that sovereignty il
the only power that can make State
Constitution, and that it rosts exclusively:
with the people; and If it is inalienable
and cannot be delegated, as l have shown,
tLen it can only be exercised by the poo,
pie themselves, under our Government.
We know no sovereigns but tho people,,
Conventions are composed of delegates,
They are nero agents or trustees, exerci.
sing not a sovereign but a delegated pow
er, and tho people are the principals. TA&
power delegated to such convcntionSs can,
properly only extend to the framing of the
Constitution, but its ratification or rejec--
ton can only be performed where sover-
eighty alone rests, viz: the people them
selves. We must not confound sovereign
with delegated powers. The provisional
authority of the Convention to frame a.
constitution, and submit it to the people,,
is delegated power: but sovereignty alone,
which rests exclusively with the people,
can ratify and put in force that constitution.
and this is the true doctrine or popular
sovereignty, and know Of no such thing,
ror does the Federal Constitution recog.s
misc it as delegated or conventional soveE
eighty. The President in very lucid
passage Of his able message, gives unan-
swerable reasons why the people, and mot
conventions, should decide the question Of
slavery in framing State Constitution.
He says very truly, that from the necessa.
ry division of the inchoate State into dB-
tricts, majority of the delegates may
think one way, and the people another, and
that the delegates, as was the case in Kan
sas, may violate their pledges, or fail to
execute the will of the people. And why
does not this reasoning apply with equal
force to all other questions embodied in
the State Constitution, and why should
the question of slavery alone override and
extinguish the doctrine Of popular sovereign
ty and the right of selfgovernmenti
Most fortunately this is no sectional quest
ton, for it belongs alike to the State ad-S
mtted or inchoate Of the South as Of the,
North. 1t is not question Of slavery but
of State rights, of State and popular SOW
ereignty, ard my objections to the Lecomr-
ton Constitution are equally strong, whethz,
or Kansas nnder its provisions should be
made free or slave State. My obiec-
tions are based upon the violations of the
rights of self-governmnet and popular,
sovereignty, and forcing any Constitution
upon the people against their will, wheth-
er it recognizes freedom or slavery. In
deed, the first question which the people,
ought to decide in forming government
for an inchoate State is, whether they will
change or not from Territorial to State
Government. 80
Now as no one, who with me desires.
Federal or Territorial sovereignty, will con-r
tend that Territorial Legislature is sov-.
ereign or represents sovereignty, or that
such legislature, mere creation OF Con-
gress, can transfer sovereignty, which u.
does not possess, to Territorial Conven-s
ton. This change from Territorial TO a
State Government can only be made by
power where sovereignty rests, with the
people. Yet State Government is forced
upon the people of Kansas by the Lecomp!,
ton Constitution, and not against it. But,N
besides the change from Territorial to o
State Government, which the people alspei
have right to make, in framing State
Constitution there are many other mo.
questions included in that iasifu-s
ment. 1t involves all the pow ers of Stats.
Where is the bill of rights,
the Magma Charta of the liberties Of free.
people, the legislative, executive. and. iu-.
dicial functions, the taxing power, tho cleo
tive franchise the great question of ecu-
cation, the sacred relations of husband aad,
wife, parent and ehiidfguardian and ward,'
and all the rights affecting life, liberty and
There is also the questions .pf
State debts, of banks and papermoney, and
whether they shall be permitted or prohib-s
tied. As all free Government, as stated
by Mr.. jefferson, depends upon '.the con-.
sent of the governed" how can it bet
known whether the people would assent
TO the Constitution, unless it be submitted.
to their vote for ratification or rsjcctioa.,
But if acquicscenco can DO presumed in
any case, surely it cannot be'in that Of.
Kansas, whore so many Of the delegates
violated their pledge to submit the Con-:
stitution itself to vote Of the people,;
where the delegates who signed the Con-