The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-23

the state Department That portion Of the Goyerncrs
letter which OF official business and which Is The
only part ft be aled, very concise and consists
che following sentence
SR-I resign the once of Governor OF Kansas.
The remainder is lengthy, full of repc,itions irusms
and distractions, with logical errors, which pro
pose to point out Mr. Walker very truly defines
reignty" . unit indivisibe not 70 be delegated
This Is the idea Of sovereignty exists In the
mind, not the reality as it exists in time and space
and in history. Mr. Walker confounds the Of
sovereignty with Its functions and attributes When
reingnty is exercised, is always by deegatng power,
not unit but separate and distinct attributes OF
sovereignty. This division Of power is deemed no
cesary for the preservation Of sovereignty itself and
for the proper exercise OF It's functions Thus, in the
United States, the legislative, executive and judicial
powers kept separate and distinct and this is deemed
necessary 70 the preservation OF them all Government
the machinery by which sovereignty is exercised and
such machinery necessarily consists of many parts act
ing, in many instances independently Of
other. The great mass or the American people
in this respect trinitarians; they believe in
legislative, executive and judicial power respectively,
rs necessary to form the government while Mr. Walker
to incline to untarianism believing that the es
sence being one, its manifestations must be a unit also
Our government IN the next place, Is REPRESENTATIVE
government AS soon the people partaKe Of sove
regnty they from the very nature OF things obliged
TO exercise through men who represent them If the
people attempted 10 exercise sovereignty themselves the
government would be in the streets in the fields as
glorious heroes Iliad, the
clans Of Scotland the leaders of the barbarans in the
Tcutonc forests Such oete exercise of sovereignty
Governor Walker claims for the squaters in Kansas
existed but oEce as far as my historical memory serves
me, TO wtAmong the 20 hundred passengers on board
the Mayfcwer schooner or as some believe, hermaphro
de brig, on her voyage TO Plymouth Rock, and in the
dreams Of the patriarch OF revolution Jean Jaques
Rousseau.
Mr. Walker is of opinion that the of the gov
ened To just government that consent
be implied but must always explicitly expressed
by popular vote II his theGry is correct, is d icult
every act Of Congress heforoj becomes law. Laws
often passed BY Legislature, at the time of its func
ton presenting the majority of the people but the
medy lies in their repeal hya succeeding Legislature which
repre- the majority OF the people and in de-
carirg the Legislature afrau popular sovereignty
That remedy is assuredy reserved To kansa and will be
alpotcnt when she shall be admitted as State placed
beyond he reach of Congressional executive nterfe
Mr. Walker complains that there are certain districts in
Eansas which bad opportunity or voting, and which,
therefore not ut all represented in Convention
This Che frs, ms eeovS that allTson has been
know did know until Mr. Walkers letter appeared
but IL seems Mr.. Walker considerably receied from the
rigor Of his own logic when. whsaniing all this, he
says he would have been satisfied had the whole cnnsttu
ton been submitted to the people There instances,
therefor, according to Mr. Walkers own asowal, in
which the unit Of sovereignty may, for practical pur
poses, be momentariy dividce without doing injury,
the athematcal axiom, suppose that the sum Of all
tn paris equal TO the whole
Again, Mr.. Walker believes that sovereignty is nd
visible its delegated powers cannot be exercised with
thc express Of the soveregn-in country
the people But the hi torcs fact is that the power
been exercised without recurring to the vote of the pco
pie ard that the practice OF submitting constitutions TO
the vote OF the people has OILY obtained within the last
few YEAR, and yet the States admitted
reign. free and az Independent of the
Kansas is anomaly among the Territories II has not
been peoped in the usual way the there not all
iona fde settlers. they have not all there to stay
and many were induced to gothere from political mot
10 pror oic the and aspirations OF not living
the Territory. The President has to deal with Kansas
arracicsl question, no, as political fiction, and whether
dvisabe not the sovereignty of Kansas cannot be com
plete until Congress shall have admitted her into the
Unica sovereign state. There is yet nothing sub
sana 20 &C, upon here in Washington but the resignation
Of Mr. Walker The constitution voted upon.
may and may not come here aud until it comes, all
mcsphy steal speculatons on popular sovereignty will not
help either 10 elucdate solve the question.
Meanwhile, must do Mr.. Walker the justice to say that
he has aGduccd the cumulative authorities
tain h proposition tina, there is remarkable unity
81 though, ant expression u all OF them, which may
specifically quoted In his letter that OF the Hon Robert j.
Walker.
WASHINGTON Dec 20, 1857.
The Kon,as Enabling Blis-Neao Presidential kctes dc.
An enabling bill for the future admission OF Kansas
has been Introduced by Judge Douglas in the Senate and
another by Gov Banks. OF Massachusetts,, into the
House THIS IL measure in opposition to the adminsra
tor snd In advance OF the facts and Developments in
Kansas II Is evidently Presidential the
Part Of the "!s,e Giant hut the movement, Of Gov.
the House shows that the leaders OF the black
rCrrbacan lamp willing 70 take commission
Ger tgage ouGas, and that the IL by means
settled whether they will work for him or merely avail
tbves # his labors TO advance themselves and their
interests
ygdgc Douglas pan seems TO be to ruin the adminsra
without ruinne hmself-to force the administration
.o NE Adoption o. his measures and make hms elf the
Leader q H., administration spite az the President on
fle.e terms W willing presume continue his allie
ral-F 4 Hr Ruchauan, AM t. generously volunteer
tst d defence; but T. sviicut, from the tone and
trpe, y oh house. y Congress, tina, Judge Douglas
"a 'sr evrrratsd hs strepfh aud Influence AMI that IN
a'fsrtt q that l. nts republican friends would
.sa.L ta tfaat tau
re. t,. y ~ atsigir FL y .,r.,eiyn,vr among
fa. 1a1- F. Kama. y TIA. - LumbrF-a mere
ar.i4 3oasr ~ tieug the agiaua IN Karsas. to
fre.8fnt.a' i..qp u 1870 Kansas Wa ahou n
le .- ..ee q NJ Bgchat4ls g. hey. auG thai another
-r a ef have como ~ for thc Trtsldstcy THIS vss
b, tttu,el a. al hazards aud hence the battle
wt-h 1f ALREADY hccu by the demo- ratio party. =
i.asd ever agan L aow remains -
a-uftNasy With The pfflsdo democratic sclcmc q
1aese ~ gas. al events Gov Bank to,ds 10
90 ffy -, ahc b. and b. frltnds remain firm.
force hm caher h. eap'tu s.s thandou biz pos.u
ne tniaa a totsy contains a Si,seriaa re,ly 70
H"t NaBsrs letter = tssnatun II Is pcrfrc, tomb
fhei rtr the hsos AM re1 rsputicap camps ard
isis tsfsianon q Ne ouclrle q Athelian uct scse
fe4rty advocated by Ncssrs Walker and noacav The
Arce might have been heated 30. mmon sense against
tnshla1sfal ahsiraeiions, " Truth hctiun."
RsAlty rerfst lmAxna'ur Ono point especially y
usas n I'M crushing article vca completely .etarates
- ar A. ngs On SEPARATE tbos Who licked n
mot efttfy~&uHge l1Nglas ruin hrfcrt y Walker. II W
to faff tha iudge nugas has introduced mailing
At MfesAfd g. ksusas THIS = in direct contradiction
~ ~ Maker doctrine ~ popular sovereignty which
VT ndlvshle and yet fraction, as Mr Douglas
a.saM shft ~ asks Congress 70 make II an integcr.
II tufe truth - that All the objections against the
#rs Is - tec rr,cn Convention date from the Tegisla
tf ~hfA = 20 Il, aud the mode IN which that Legisla
lN 49, t ettd Nei'hcr Judge Douglas nor Gov
Nsnf W GrE a. tie acts ~ that legislature and Judge
tFa fsrfca iy dsencsd and endorsed them, aud in
f1 re- tHFlf etoett8s hundred speeches delivered
H a8f ~ 80 lat Presidential canvass. The enthu
the abstract. therefore.
feesUn-sr attachment very lately formed
~ Ft - - ten the very fact, little more ten
ask TEf f.ftr II appreciate rts dsintf RESIDENCES
~ r. ffflw srch S0sng may lot improve
* ksttas. aud can cns Ne intended TO keen