The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-16
rrpGE DOUGLAS AND THE PRESIDENTS MES
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tn the privileges OF the Kansas ana Nebraska bill
,rDGE DOUGLAS AND THE PREsIDENTs MES
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n Die Editor Of he Union s,.sss Il "a 80 n - - s.
The course which Senator Douglas has taken in the
ont debate is we'll calculated to arrest public attention
Hs ability challenges for all he says tho gravest consd
sration In his remarks on the Presidents message,
bich might be almost characterized assh he We
bmsnty insisted maintaining the great principle of
the Kansas act which left the people OF that Territory
ctly free to determine their domestic Institutions in
their own way This principle he urged, had been
grossly violated by the late proceedings in that Territory
IN the formation of constitution and he maintained
,b. it would be forfeiture OF honor in the democratic
marty should its representatvesin Congress in any wise
acauieSce In them. ~ - Gee @4
The Kansas act was in effect legislative declaration
that Congress would orego the exercise of any Legislative
,uer over that Territory. There were statesmen who,
like the venerable Glass; believed that Congress had no
further power than merely TO institute the territorial gov
m.nt There were others who believed that Congress
had penary legislative power over the subject. These
differences found their solution in the principles OF this
M by which Congress abstained from the exercise of
any authority might possess and provided that the
legislative power of the Territory shall extend to all
ghu subjects of legislation consistent with the cons
tuition the United States, and the provisions Of this
act -'' es.A l@ 80 ~ .I6i1ei tt4sF@t1 '-'. gee
The bill having thus settled the political controversy
in reference to the government of the Territory by trans
enng to the people thereof whatever legislative power
Congress might have in order 10 establish violation of
the principle of that measure is alleged 1t must be
shown that the federal government its authorized
agents. have done something in contrayention of the
grant power secured to the people of the Territory
The bill was in the nature of agreement between the
government and the people of the Territory When the
government granted legislative power coextensye with
all ghtfu subjects Of legislation and declared that the
people should be left perfectly free to form their ''do
nestle institutions in their way they gave pledge
that they would do act in contravention thereof So
fur as Congress concerned it is not pretended that they
have yet been guilty Of any such violation 1t ia true
that the conduct of Governor Walker is justly censuable
violating the principles of the BILL but neither Con
ess the Executive be held responsible for his
unauthorized Intervention How comes it that Mr.
Douglas has failed to denounce the only instance in which
effort has been made to interfere with the provision
which left the people perfectly free to form their do
nestle institutions in their way p s...r 90
urged however that the territorial legislature had
no authority to assemble the convention and that its
are therefore, void and that admitting the
validity Of the CALL the refusal Of the convention to sub
NIT the whole constitution to the vote of the people is
such violation of the principles of the Kansas as
necessitae its rejection by Congress.
1t is admitted by Judge Douglas that the territorial
legislature legally constituted body BY the Kansas
act its legislative powers extended ito all rghful
aubects Of legislation" The powers of State egsla
ure limited only by the constitution of the State In
this Territory the legislative power was limited only by
the act of Congress under which it assembled The
call of convention is rightfn subject of legislation
NJ q.
aues and in its very nature requires the adaptation
means such fixing the time of the election appointing
supervisors regulating the returns with many other de-
tails that appropriately belong to Legislative regulation
So far as am advised the objection is for the first
time made. The dssentients in Kansas themselves have
made it, Their denial of the right placed upon
the ground that the territorial legislature illegal
body and that all its arc therefore, void but they
have taken the objection made, that egsla
ture legally constituted could not exercise this power
II Is again urged that such power is incompatible
with the existence of territorial organization and that,
consistent with the Of the grant it is inconsistent
with its nature $3.50, IN y ~ - -, s..
Does Judge Douglas maintain that the power of self
government is inherent In the people of Territory
does he that it is derived from federal grant
the former surely he cannot deny to the legislature of
that people the right take ncpent proceedings for the
formation of State government If the latter, have
already shown the power is within the grant.
But whether the power be attributed to the the
other source its exercise is not obnoxious to the objection
because the formation OF constitution, II not done
under the authority of Congress does not so ao work
change in the territorial government. When the Kansas
constitution thus formed shall be voted by the people
and presented to Congress, its decision alone will de-
termne the question whether she shall be received
State or continued as o Territory hll& NJ
In the before this question Is freed from all
doubt by special provisions Of the schedule follows
'Sec T. This constitution shall be submitted 10 the
Congress the United States at its next ensuing session
and soo Official 6ormaoa has been received Ud is d
proceed W the same BY the admission cf the State Of Kansas as
one Of Ire opsrsio,, Suites of the United Sa the president of
this convention s has proclamation 10 The STATE
legislature at the seat OF government within thirty-one
''Sec ~ The governor and all other officers shall en-
ter upon the discharge of their respective duties
tg the adson Of The State Of Kansas one g the Independent
and sovereign Safes Of The Union may Be conpeaist,
Passing from this question Of legal authority to call
the convention the Judge argues that whatever may be
the the people upon the particular question yet
the whole constitution has not been submitted the
principles of the Kansas bill have been violated and
therefore to treat IL as entitled TO consideration would be
in fraud Of the pghted faith Of the democratic party
The b il ia true, left the people of the Territory free
TO form their domestic institutions in their own way s.
but this was not stipulation that particular mode was
"a. = aHna - A.