The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-23

the people Of af State and yet il is worthy of remark
that the onsltution OF Vermont uses this language
We the people Of the State of Vermont do orain and
establish YET they ordn and establish by tier dia1,
by their representatives 50 with Illinois. la lis
stuton the words Eve, the people are used; and yet
the peoplseser acted upon H. ssagoss A age thsir
delegates IN convention assembled In the State Of Hi
nos the Constitution says all prosecutions shall be in
the u the people of the State d Illinois, not In
the name a the State The stand prosecutors
believe the t time ever had the honor 70 make the
acquaintance OF the very distinguished gentleman
while he presided ON the bench ia the city OF Quincy
There prosecution conducted IN the name a the
pes N ~ ots N IRsov, Was that prosecution by the
people in their proper person. No the people were
ably and well represented the bench BY the distin
uished sensor from Illinois the people represent
cd in the grand by selections made for their
attorney distinguished gentleman selected for that
purpose all done in the name Of the people, in
behalf of the people for the people, but done by the peo
pies agents and representatives.
Mr. PcScmt it rs not only ia these instances, but,
as before remarked the great OF gov
eminent, peculiar in the United States than any
where else. The people act through agents and be-
eye il to be universal rule Of agency that where there
is general power given, the principal bound by all
the of the agent unless there be reservation of
right Of submission 20 the principal for his approba-
tion. #as ae 5etEz@ ssHH Eaa @s4
have before me list of states showing that
Kansas was peculiar in this respect. mgor1y Of
he consultations Of e States Jorag ais J'ioa adopted
w conventions, and aepr aabTatad 10 the people More
than thisthe very opinion of the Attorney General,
read by the senator from Illinois, with reference 20 the
Arkansas case ths authority says the people n@y
in primary assembies through delegates chosen by
them for that purpose form constitution and send it to
Congress for their consideration. tl -G@ H.A
We have, then the gentleman State native and
adopted we have large majority the exact number
will all the States OF this Union whose consti
tutions formed by the people, through their ages and
without submission Of them to a vote of the people
and N HOriy @ only have the constitutions of
States been submitted 20 the people for their appreciation
reection More than that; have the senator
committal in his support OF the Toombs bill at the last
Congress. The Toombs hin taken by the honorable
senator. who then chairman Of the Committee
Territories pressed by him. and passed trogh the SEN
That bill did not contain any clause requiring the
constitution to be submitted 10 vote OF the people
The bill which he had first introduced did contain sac
requirement.; and yet, when the two put side by
side, and he called ON TO choose between them no
took that which had such provision in it. thus leaving
it for the convention of the Territory 10 decide they
might deem proper. aa1P
II the Senate Of the United States and il the father OF
the Nebraska actf the great advocate of popular
sovereignty could introduce, support and cause to be
sed enabling act permitting the convention OF Kansas
to make their constitution and % enke fa TO ordain
and establish il without suhmtng it 20 the people surely
when the people Kansas through their territorial gov
ernment to act the subject If they ima
ted the honorable SENATOR and passed similar BILL they
ought not to be held up public and indignation
They had iliustrious predecessor; they had very
distinguished example in the person OF the senator from
not TO be censurcd and condemned think they acted
wisely in submitting the matter 70 the convention which
represented the people 1T is better for the people Of
Kansas to be heard through their Representatives than for
the people Of Illinois interfere in Kansas matters
through the able from That state the people
of Missouri through myself or my colleagues
We have heard much of popular sovereignty and popu
lar rights but they to be fitered away and cut
down limb after limb. First you cut off one, and then
another until you leave nothing whatever to boast of
when You go before the people of the country and speak
of the great merits Of the Kansas Neraskn act II You
tie mp the peoples hands and say to them, 'You
shall do this you carrying out the principles of the
Kansas act The act says they may do IL in any
they please They did please TO adopt constitution final
ly in convention did Tennessee Illinois, Vermont Sc
Now il is gTayeIy proposed that the Senate and House Of
Representatives shall say the people Of Kansas did not
please to do it in way which Congress pleased to
slider right and, therefore, it shah be undone thus
trmpling under foot the very principle which the
said had been sanctioned in the bill-that they
might do they please; that they might adopt
constitution in any and form they thought prop
that they might establish their domestic institutions
in their The express language Of the bill s u
their ora nuy NOT the way might advocate, not the
way the senator from Illinois might advocate, not the way
the North the South might like but the language the
spirit the principle the Of the bill is n their
way The people Of Kansas have adopted their Oca
way and that way is in strict conformity with the
ample set when the senator from Illinois supported the
Toombs bin 1t TO let the convention the repre-
snatives Of the people do they pleased the subject
the subject and it is formally proposed TO revise
REFORM remodel and recas all the action that has taken
place, although the people Of Kansas through their
vcntion, have done their work only in their way
can consistency in this. But do see in it
principle set up IN opposition 20 what have been told
the principle Of the Kansas Nebraska act
Ii has however, been intmated by the honorable sen
ator from Illinois that the Kansas Nebrsska act itself
qued the constitution 10 be submitted to the people of
Kansas after its completion by the convention On that
point join issue The makes no such requirement.
II contains such obligation On one point confess
did not distinctly understand the position of the senator
and hope therefore, he will not consider intrusive
II ask him how am TO understand him the subject
Of the governor interference in regard TO submission
on-submisson Of the constitution ~ 7 sa
n Mr. DOUGLAS I declined 60 discuss that because
the governor hnd acted under the instructions Of the
President ali.f s2 E1ssg-H Es aaa "a tfe z
Mr. GREEN Then understand the senator as taking
no position the point whether the executive Of the
Territory did right wrong when he proposed that the
whole constitution should be submitted NY view is
that II be says the governor did right Il conflicts with the
principles of the Kansas Nebraska and lets the agent
OF the federal government interfere TO do what he sid
the people Of The Territory might uninHuenced and Of
right do sin their way, If the senator saws the
governor did proag the senator sys the governor OF
the Territory had rgh advise this point that is
an admission that the governor conduct not Justified
by the provisions Of the Kansas Nebraska act because
il thai act required the submission Of the constitution 70
fair and uninfuenced popular vote il the official
duty Of the Executive that part Of the bill ike
every other executed and caSTied out Here "a iesn
ma and leave the senator take either horn III he
says the governor did right he permits a federal finc
tionry TO dictate to the people when the language of