The Kansas herald of freedom., 1857-03-14

and the only restriction imposed upon
its exercise, is the Constitution Of the |
Unitnd States.
" The great principle, then, upon |
which our free institutions rest, is the |
unqualified and absolute sovereignty |
of the people and constituting, as
that prir ciple does, the most positive |
and essential feature in the great char |
ter of our liberties, so is it better cal
culated than any other to give ele-
vation to our hopes. and dignity to our
actions. So long as the people feel that
the power TO alter the form, or change
the character of the government, abide
in them, SO long will be impressed
with that sense of security and of Dig
nifty, which must ever spring from the
consciousness that they hold within
their own hands a remedy for every
political evil-a corrective for every
governmental abuse and usurpation.
The principle must be upheld and
maintained, at all hazards and at every
sacrihce-maintained in all the power
and fulness-in all the depth and
breadth of Its utmost capacity and
signi6cation. 1t is not sufficient that
it be acknowledged as mere abstrac-
tion, or theory, or doctrine, but as a
practical, substantial, living reality
vital in every part"
The idea of suuendering the sover-
eighty of the territories, the common
property of the people of the several
States, into the hands of the few who
first chance to wander into them, is, to
me, political novelty. Is it Just
that the territories should exercise the
rights of sovereign States until their
condition and mum bers become such as
to entitle them to be admitted into the
Union on an equality with theoriginal
States.
In speaking of the proper construe-
tion of the Organic Act, It's distin-
guished author remarks -
The Act recognises the right of the
people thereof, while territory, to
form and regulate their own domes-
tic institutions in their own way, sub
.iect only to the Constitution of the
United States, and to be received in
to the Union, so soon as Mey should
attain tile requsite number of Inhabitants
on an equal footing acith the original
States an all respects achoteper''
In the report before alluded to, the
author says
The point upon which your COM
mittee have entertained the most Sc
rious and grave doubts in regard to
the propriety ofendorsing this propo-
sition, relates to the fact that, in the
absence of any census of the inhabi-
tants, there is reason to apprehend that
the Territory does not contain suffi-
cient population to entitle them to de-
mand admission under the treaty with
France, if we take the ratio of repre-
Sentation for a member of Cangress as
the rule"
In accordance with the foregoing
views, l remarked, in my first message
to your body, that "the durability and
imperative authority of State Con.
stitution, when the interests of the
people require a State Government,
and a direct popular rote Is necessary to
gre sanction and effect, will he the
proper occasion, once for all, to decide
the grave political questions, which
underlie well regulated common
wealth" And in another potion o
the same message, I said, "iustice t.
the country and the dictates of sonnt
policy require that the Legislator
should conine itselfto such subjects a
will preserve the basis of entire equal
lty and aehen sufficient population 1
here, and they choose to adopt Stat
Government. that they shall be "per
iectly free, without let OF hindrance
to form all their domestic institution
IN their own way, and to dictate tha
form of government which in their de
liberate judgment may be deemed prop
err"
The expressions. "requsite numbe
of inhabitants and Others, of simila,
import, can have no other meaning
than that given them by our leading
statesmen. and by the common iudg.
ment of the country, TO wit -..tht
ratio of representation for member
of Congress.
The present ratio for a member oil
Congress, is 93.420 inhabitants
What, then, is the present population
OF Kansas. or what will it be on the
l5,h of March next ? as after that
time, no person arriving in the Terri
tory can vote for a member of the
Convention under the provisions OF
this Bill.
At the last October election the
whole vote polled for Delegate to Con
gress. was four thousand two hundred
and seventy-six. (4276), while the
vote in favor of a Convention to
frame State Constitution. was but
two thousand six hundred and seventy
(267oJs
| 1t is we'll knorn fact, to every
person at all conversant with the cir.
eumstanees attending the last cleo
ton, that the question of State Gov.
eminent entered but little into tht
canvass, and the small vote polled fol
a Convention is significantly indica
tive of the popular Indifference on the
subject.
No one will claim that 2670 is {
majority of the voters of this Terri
tory, though it is a majority of thos'
voting, aad it is conceded that those
not voting are bound by the act o
those who did.
The Bill under consideration seems
to be drawn from the Bin known a.
fthe Foomb's Bill but in several re
spects 1t differs from that Bill, and il
1 these particulars it does not furnish
/ equal guarantees for fairness and i'm
paitiality. The former secured tn,
I appointment of Eve impartial Com
missieners to take and correct tn,