The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-12-24

mept," imposes the ob.Iganon 10 protect the peo-
pie in their sovereignty and to prevent its alien
alton, if that were possible, as departure from
! the true republican form. Congress, therefore,
has no rightful power to accept State Govern.
ment which has not received the sanction of the
people who are to live under it. The attempt
to exercise such a power would be plain vio-
lation of the Constitution. 1t would be none
the less usurpation because the people might
afterwards regain their violated sovereignty.
The instances in which Congress has recognised
and received new States, without the actual
submission of their Constitutions to the vote of
the people, ere not necessarily in conflict with
the principles now asserted. Doubtless, if the
people of Territory should quietly scquiesce
in the adoption of q Constitution passed for
them, they might thus give very satisfactory
evidence of their appreciation. But no instance
can be found on record of a Constitution accept.
ed by Congress against the will of majority
of the people, expressed in any distinct manner
whatever.
| It is not intended herein to assume that the
people of the Territory are opposed to the Con.
stituticn which is to be submitted, in certain
form, on the 2lst instant. 1t is sufficient for
the occasion which now convenes the Legisla-
| tive Assembly aud for the purpose of this CON-
muncatior, that there is widespread dissatis-
faction, threatening to disturb the tranquility of
| the people. If there be any means of prevent
| ing the discord and possible violence which are
so seriously spprehended, as the result of the
partial and imperfect election authorized to be
held at the time named, under the authority of
the Constitutional Convention, it is the solemn
duty of the Legislature to ascertain and adopt
the measures most efectual for that end.
| What appropriate and efficient measure can
be adopted in the existing emergency, is CUES
ton not without difficulty. Some have proposed
O repeal of tie act of the last Legislature under
which the Convention assembled and performed
its functions. But, inasmuch as that law has
been partially executed, it is doubtful whether
All act of repeal would have the effect intended.
1t is certain, that if the Constitution we're to be
really submitted to the people, and they should
ratify it by their vote, a legislative repeal, be-
tween the dates of the submission and of the
election, would not affect the validity of the
sovereign act of ratification. The true purpose
which, in my judgment, ought to control your
| legislation on the present occasion, and that
which is perhaps the most pertinent and pecti-
! cable within your power, is to provide for the
regular and legitimate exercise of the sovereign
! ty of the people on those points in which the
| Convention has attempted to trammel or restrain
1t in ether words, to provide for direct vote
under your OWE authority upon the adoption of
the Constitution which is to be partially sub
mitted on the 2lst instant, under the authority
| of the Constitutional Convention.
| have already expressed the grave doubts /
| entertain as to the power of the Legislature in
any manner to interfere with the proceedings
of the Convention. But there can be no eues
ton as TO your authority to provide, by a suit
able law, for fair expression of the will of
the people, upon the vital question of approx
ing the Constitution. That highest act of SOW.
ereignty, the act of delegatipg appropriate DOW.
ers, in the best form of words and with the
proper limitations, to state Of organization, so
deeply involves the dearest rights and interests
OF the people, that the very safety of our whole
system of selfgovernment demands in all cases.
but especially where any doubt or dissatisfac.
ton prevails, an unequivocal ratification of the
Constitution to be adopted Perhaps major
ity of the people may accept the instru N ent
now before them in one or the other of the
forms IN which it is presented by the Conven.
ton. In that case, there could be no ground of
complaint; for | doubt not the whole people
will cheerfully acquiesce in the will of the ma
jority, fairly ascertained. On the other hand, if
the people should decide Against the Constitu
ton In both forms, it would not be possible for
| Congress, without a violation Of all popular
rights, to admit Kansas into the Union under
1t. The way would then be fairly open for the
passage OF any other appropriate measure, by
virtue OF which the people, relieved from all
former embarrassments, could elect their dele,
gates to Convention, and establish their own
institutions, in their own way, in accordance
with the provisions of the organic act and the
fundamental principles of self government
1t Is difficult to see what objection could be
raised to such law passed at the present time.
ana 10 be executed contemporaneously with
the vote upon the Constitution as provided bv
the Convention. That body itself had its exist
ence from the authority of the Legislative As.
sembly. This constitutes its whole title to
regularity and legitimacy; for no valid claim
can be based upon any supposed recognition
by the people. inasmuch as the great majority
of them refrained from all participation in the
election. If that Convention, thus deriving ;ts
authority solely from the legislative enactment
which called it into existence, can send ND to
Congress Constitution for the State of Kan.
sas, without actually submitting it to the peo.
pie, the same Legislature may, with equal reg
uiarity and legality, provide for an independent
vote of the people upon the actual ratification
of the instrument which is sought to be i'm.
posed upon them. 1t is not to be supposed that
Congress will disregard the voice of the people,
legally expressed in the manner proposed
whether its decision shall be for or against the
| Constitution.
In pursuance of these views recommend
the passage of law directing an election 20 be
held, either under existing regulations or in
| pursuance Of other suitable PROVISIONS to be
expressed in the act, in which the people shall
be authorized to vote for the Constitution, in
either of the forms presented by the Conyen-
ton, and also against that Constitution in both
| forms. AS any law attempting to control the
officers of the Convention, and those acting un.
der them, would be of more than doubtful va
lidi;y, and might be wholly disregarded by
them, it would be prudent to provide for q
separate proceeding under different officers. but
it might be of great convenience to the people.
and of some efficiency for the objects in view
to hold this election at the same time and ut
the same places provided for in the proclama
ton OF the President Of the late Convention, in
| order that the result may be communicated to
Congress at the earliest practicable moment,
as the sovereign will of the people of Kansas.
| 1t would seem to me that this single act will
De sufiiclent to meet this whole emergency, and
TO dispel the excitement which now threatens
the peace of the Territory. If it be adonted
substantially in the form proposed, without anv
embarrassing adjuncts calculated to arouse pre
JUDGE and to produce dscord, the earnest di.
rectness and unity of the act, looking alone to
the one great and rightful end of ascertaining
the true will of the people and securing its as.
tendency, cannot fail to commend it to the ap.
probation of all patriotic hearts in the Terrific.
~ and throughout the Union.
The laws now prevailing in this Territory
provide tor the proper punishment of illegal
and fraudulent voting; but there is no provis-
ION which will reach the case of fraudulent re.
turns. The case of the late Oxford precinct, in
johnson county, was an enormity 80 great that it
has nowhere been defended or justified Yet the