Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-12-25

gument, but in addresses made and published by him
long autecedeni to that date showing that this sover-
egn power N The people in acting State Consti-
tuition not confined to the question Of slavery but IN
eudcs AL other subjects cmbracedn such an inairument
Indeed, believe the Kansas and Nebraska bill would
have violated the right of sovereignty reserved 10 the
people NJ each STATE y the Federal II had
provoked them Congress TO deprive them Of the
right Of voting for against their state Constitnon
The President in his message. thinks that the rights
State Constitution, confined to tho slavery question;
but think, as shown in my address before quoted, that
sovereignty is the power that makes Constitutions aud
governments" and that not only tho slavery clause in
State Constitutions but all Others must be submitted.
The President thinks that sovereignty can be aceHae'
a. least in part think that sovereignty cannot De aei-
cgncd At ALL Tho President believes that sovereignty is
ndiysabc between Conventions and people TO be eScr-
oiscd by the former all subjects but slavery and by
latter only that subcct whereas, think that soyer-
eipy is inalienabe ndvisibc, incapable OF partition.
and that cannot be delegated in whole or in part
Il will be denied that sovereignty is the only pow
CT that make State Constitution, and that 4 rests
exclusively With the people, and It IS inaienable' and
cannot he delegated have shown Then IL can only
be exercised by the people themselves Under our gov
ernmcnt we know no soyereigns but the people. Con-
vcnons composed of delegates they mere agents
or trustees exercising not sovereign but delegated
power, ard the people arc the principals lhe power
~, u e' vi .". s,.'" ~ fis .s y 49,; 49, - -,
70 framing the constitution, hut its rauhcauon or tee'
ton only be performed by the power which elects
where sovereignty alone ressnsnoy the people them
selves.
We must not confouud the sovereign with delegated
power. The provisional authority Of the convention to
frame constitution and submit Il TO the people, Is dole
gated powers but sovereignty alone, which rests oxch
siycly with the people, ratfy and put In force that
constitution and this is the true doctrine Of popular
ercignty and know such thing nor does the Fed
cral Constitution recognize IL, delegated or conven-
uonal soyereignty. The President in very lucid pas
sage of his Message gives unansweahc reasons why the
people and not conventions should decide the question
Of slavery.
In framing State constitution. he says very truly that
nom the necessary division Of the inchoate State into
districts majority Of the delegates may think one way
and the people another. and that the delegates, as vas
the case "a Kansas may violate their pledges, or a TO
execute the will NJ the people.
And why does not this reasoning apply with equal force
all other questions embodied in the State Constitution
and why should the question Of slavery alone override
and cxngush the doctrine Of popular sovereignty and
the rights Of scfeovernment Most fortunately this is
sectional question: for IL belongs alike to the States,
admitted nchnac, Of the South Of the North. IL is
not question Of slavery but Of State rights Of State and
popular sovereignty and my objections to the Lecomp-
ton Constitution equally strong, whether kansns,
der It's provisions should be made Free Slave State.
My objections based upon the violation Of the right
OF segoyernment and popular sovereignty and OF fore
ing any Constitution upon the people against their will,
whether il recognizes freedom slavery Indeed. the
ht question which the people ought TO decide IN oIm-
ing government for an inchoate State is whether they
will change or not from Territorial to state govern
mcnt Now, who, with me, denies federal or ter
oral sovereignty, will contend that territorial Legsa-
ro sovereign, represents sovereignty or that such
legislature mere creation Of Congress, can transfer
sovereignty, which 1t does not possess, to Territorial
Convention.
This change from q territorial to a State government
can only be made by the power where sovereignty rests
with the people Yet State government " forced up
the people Of Kansas by the Lecompton Convention
and not against it, But beside the change nom torito-
rial to state government, which the people alone have
right to make in framing State constitutions there
many other momcntous questions included in that nstru-
ment IL involves all the powers Of State government
There is the Bill Of Rghts-the Magma Charter Of the
liberties Of free peoplc-the Legislative, Executive
and Judicial functionshe taxing powers--the elective
ranchise-hc great question Of educaion-the sacred
relations of husband and we-parent aud ehild-gunr-
dian and wardand all the rights affecting life, liberty
and property There is also the question Of Stee debts
of banks and paper moneyand whether they shall be
permitted prohibited.
A. NJ IoN,,
depend upon he consent Of the governed how can Il be
known whether the people would assent to the Consu
hon, unless II be submitted to their vote for ratification
or rejection. But acquiescence can be presumed in
any surely it cannot be in that Of Kansas when
many Of the delegates violated their pledges to submit
the Constitution itself vote Of the people, where the
delegates ,s sis tle Constitution represented scarce
one-tenh Of the people, and where nearly onchal Of
the counties Of the Territory dsranchscd and that
by no fault OF theirs and did not and could not give
single vote at the election of delegates to the Conyen
| ton.
have heretofore discussed the subject mainly on the
question that Conventions sovereign, and cannot
rghtiuy make State Constitution without its submis
Yet, surely, even those who differ nom re must eoneede
especially under the Kansas-Nebraska Act il is only
such Conventions be called sovereign have been
truly elected be the people and represent their will.
On reference, however to my address Of the 10th Of
,icS sa nS az tns quaheao1 question, copy OF
nation of the President and cabinet it Is evident that the
lecompton Convention was not such body. That Con-
Nenon had VITAL not technical defects in the very sub
stance OF It's organization under the Territorial law,
which could only be cured in my judgment, forth
In my inaugural and other addresses by submission Of
the constitution for the ratification Of the people.
On reference TO the Territorial law under which the
Convention was assembled thirtyfou reglarly-organ-
ized counties named election districts for dele
gates 90 the convention In each and all of these
tics was required by law that be taken and
the voters regstcred and when this completed, the
delegates TO the convention should be apportioned
cordingy. In nineteen Of these counties there
census and therefore there could be appointment
there OF delegates upon such and in fifteen Of
these counties there registry Of voters. These
fifteen counties including many Of the Oldest organized
counties in the Territory entirely disfranchsed,
and, by no fault Of their own could not give solitary
vote ior the delegates TO the convention,
rms result was supernducod by the fact that the Ter
roria Legislature appointed all the sheris and Probate
Judges in all these countless to whom assigned the
duty by law of making the census and registry That
these officers were political partizans, dissenting from
the views and opinions Of the people Of Kansas and the
people OF these counties, proved by the election in
October last These officers, in want Of funds, they
alleged neglected or refused to take any census make
any registry In these countless and therefore they
entirely dsianehsed, and could not and did not give
single vote At the election for delegates to the Consu-
tional Convention
And here wished to call attention to distinction
which viii appear in my inaugural address, in reference
TO those counties where the fairly registered
and did not vote In such countless where full and free
opportunity given register and vote and they did
not choose to exercise such privilege, the question is
very different from those counties where there
census or registry and vote was given or could be
given anxious the people might be participate
in the election Of delegates 10 the Convention Nor could
be said these counties acquicsced for wherever they
their own 70 supply this defect oeeasioned by previous
neglect Of the Territorial officers, the delegation thus
chosen rejected by the Convention repeat that
in nineteen counties out Of thirty four there no cen
Ia hoon counties OF thirtyiour there was no
registry, and not solitary vote given could be
given for delegates to the Convention in any Of these
cases. Surely then it cannot be said that such Con-
Neuion, chosen by scarcely more than onetenth Of the
present voters of Kansas represented the people Of that
Territory and could not rghully impose Constitution
upon them without their consent.
These nineteen counties, Of which there was no census
constituted majority OF the counties Of the territory
and these itcen Counties in which there no regis
try much larger vote At the October election,
even with the six months qualifications than the whole
vote given TO the cc0mpton Convention the 18th VI
November Last II the sovereignty be delegated, and
conventions as such, sovereign which deny, surely
Il must be only in such when such conventions
urr chnscn by the people, which we have not
the ease as regards the late Lecompton contention.
Il was nr this and othsr reasons, that, my naugu-
ral and other addresses insisted that the Constitution
should be submitted To- the people by Convention, as the
only means of curing this vital defect in It's organization
was, therefore, among other reasons, that when as
YOU know the organization called the Topeka state gOy-
ernment made, and consequence an inevitable
civil and conflict must have ensued these results
were prevented by my assuring not "the abotonsts'
has been crroneousy stated for my address
them but 20 the people Of Kansas that in my iudg-
lncnt, the Constitution would be submitted fairly and
freely for ratification rejection hy their vote aud
that II this not done, would unite with them 1.-THE
pcople) a. now do in lawful opposition to such proceed
ure
The power and responsibility being deyolyed exclusive
H upon mohy the President of using the federal army in