Marshall County Democrat. (Plymouth, Ind.) 1855-1859, 1857-12-31
PLYMOUTH, INDIANA, THURSDAY DECEMBER 81, 1857.


stitution upon the people against their will
whether it recognized freedom or slavery
Indeed, 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. Now, as no one, who with
me denies Federal or Territorial sovereign
ty. will contend that Territorial Legisla-
ture represents sovereignty which it does
not possess to Territorial Convention
This change from Territorial to a State
government can only be made by the pow
er where the the sovereignty rests: namel
the people. Yet State government is
forced upon the people of Kansas by the
Lecompton Constitution whether they will
or not. for they can only vote for the Con-
stitution, and not against it. But besides
the change from a Territorial to State
government, which the people alone have
to make in framing a State Constitution,
there are many momentous questions in
cluded in that instrument 1t involves all
the powers of State government. There
is the Bill Of Rights, the Magma Charta of
the liberties of a free people, the Legislative
executive and judicial functions, the tax
ing power, the elective franchise, the great
question of education, the sacred relations
of husband andwife, parent and child,
gardian and ward, and all the rights effect
ing life, liberty and prosperity. There is
: also the question State debts, of bank and
! paper money. and whether they shall be
permitted or prohibited. As all free gov
r ernment, as stated by Mr. Jefferson, in the
5 Declaration of Independence, depends up
on the consent of the governed, how can
it be known whether the people would as
sent to the Constitution unless it is submit
: ted to their vote for ratification or reject
< ion.
? Buff acquiescence can be presumed in
any case, surely it cannot be in that of
Kansas, where SO many of the delegates
| violated their pledge to submit the Con-
stitation represented scarcely one-tenth
t the people, and where neatly one. half of
the counties of the Territory were disfran-
t chised, and (by no fault of theirs) did not
: and could not give single vote at the
e election for delegates to the Convention.
: have heretofore discussed this subject
e mainly on the question that conventions
e are not sovereign, and canrot rightfully
: make State Constitution without it's sub
. mission to tie vote OF the people for rati6-
: cation or rejection. Yet. surely, even
9 those who differ with me on this point
: must concede, especially under the Kan
Nebraska bill, it is only such conven
g tions can be called sovereign as have been
truly elected by the people and represent
their will. On reference, however, to my
f; address of the 10th of Sept. on the tax
g qualifications ia copy of which was imme-
diately transmitted to you for the informa-
e tion of the President and Cabinet) it is ev-
ident that the Lecomptou Convention was
not such body. That Convention had
E vital, not technical, defect, in the very
E substance Of its organization under the ter
3 ritorial law, which could only be cured, in
my judgment, as set forth in my inaugural
and other addresses, by the Submission of
: the Constitution for ratification or reject
ior by the people.
, On reference to the territorial law under
which the Convention was assembled, thir-
ty-four regularly organized counties were
e named as election districts for delegates to
, the Convention. In each and all Of these
counties it was required by law that Gen.
sus should be taken and the voters regis
3 tered, and when this was completed, that
? delegates to the Convention should be ap-
portioned accordingly. In nineteen of
, these counties there was no census, and
= therefore there could be no such apportion-
7 ment there of delegates, based upon such
} census. And in fifteen of these counties
t there was no registry Of veters. These Is
! counties, including many of the oldest or
ganized counties of the Territory, were en-
+ tirely disfranchised and did not give, and
9 by no falt of their own, could not give. a
3 solitary vote for delegates to the Conven-
ton.
This result was superinduced by the fact
that the Territorial legislature appointed all
$ the sheriffs and probate Judges in all these
3 counties. to whom was assigned the duty
: by law, of making this census and regis
, try. These officers were political parti-
r sans, dissenting from the views and opin-