The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1857-12-24
GOV. walters r.nttcr.

OF resignation, Hnd it appears in our eastern
exchanges. Alter showing that his acceptance
of the Govemorshp of X msOs was founded up
on Buchanans pledge that the constitution
should be submitted to the people, he goes on
to state his understanding of "Sovereignty"-
lie believes that sovereignty exists alone with
the eopIe-that conventions and Legislatures
are but the representatives of the sovrcign pow.
er. Therefore no State or Territorial conyen-
ton has the right to make constitution and
put its provisions in force until it receives the
sOnction of the People--thc sovereign power
He sums up his views on this subject as fol-
lows
"The President thinks that sovereignty can
be delegated-at least in part think that SOW
ereignty cannot be delegated at all. The Pres
ident blieves that sovereignty is divisable be-
tween conventions and people, TO be exercised
by the former on all subjects but Slavery, and by
the latter only on that question; whereas, think
that sovereignty is indolicnabLs, indiUiSible, a
unit, incapable of partition, and that it cannot
be delegated, in whole or in part. 1t will not
be denied that sovereignty is the only power
that can make State Constitution, and that it
rests exclusively with the people, and if it is
inulenabe and cannot be delegated, as have
shown then it can only BE- exercised by the peo-
pie themselves, under our Government. We
know no sovereigns but the people. Conven-
tons are composed of delegates" They
are mere agents or trustees, exercising not u
sovereign but delegated power, and the people
are principals. The power delegated TO such
Convention can properly only extend to framing
the Constitution, but its raticat ion or rejection
can only be performed by the power where SOW
ereignty alone rests-namcly, the people them
selves. We must not con(uund sovereign with
delegated power. The provisional authority of
the Convention to frame a Constitution, and
submit it to the people, is delegated power, but
sovereignty alone, which rests exclusively with
the people, can rutify and put in force that Con-
stitution. And this the true doctrine of Popu-
ar Sovereignty, and know of no such thing,
nor does the Federal Constitution recognize il,
as delegated or conventional sovereignty"
He then comes to the practical issue, the Lee
compton constitutional convention and its ac-
lion. On this subject he says:
/" That Convention had vital, not technical
defeIt is III the very substance oil its organization
under the Territorial law, which could only BE-
cured, in my judgment, as set forth in my in
augural and other addresses, by submission Of
the Constitution for the ratification OF the peg
pie On reference to the Territorial law under
which the Convention was assembled, thirty four
regularly organized counties were named as elec-
ton districts for delegates to the Convention. In
each and all OF these counties 1t was required
BY law that census be taken, also the voters
registered, and when this was completed the
delegates to the Convention should be apporlion-
ed accordingly In nineteen OF these counties
there was no census, and therefore th-re could
be no such apportionment there of delegates up
on such census. And in fifteen Of these coun-
| ties there was no registry Of voters. These ff
teen counties, including many OF the oldest or.
ganizsd counties in the Territory, were entirely
disiranchlsed, and did not give (by no fault oi
their own) and could not give solitary vote
for the delegutes to the Convent on. This re-
suit was superinduced by the fact that the Ter
rtorial Legislature appointed all the Sherilfs and
Probate Judges in all these counties, to whom
was assigned the duty by law of making this
census and registry. These officers were poll
tica partisens, dissenting from the views and
opinions of the people OF these counties, as was
| proved by the election in October Lost These
| officers from want Of funds, as they alleged,
elected or refused to take any ceusjls or make
any registry in these counties, and therefore they
were entirely DISTINGUISHED and could not and
did not give single vote at the election for del
egstes TO the Constitutional Convention. Aud
here | wish to call attention to distinction
which will appear in my inaugural address in
reference to those counties where the voters were
fairly registered, and did not vote. In such
| counties where full and free opportunity was
given TO register and vote, and they did not
choose to exercise such privilege, the question
is very different from these cD.nties where there
was no census or registry, and no vote was Civ
en-, or could be given, however anxious the peO
| pie might be to Participate in the election OF
delegates to the Convention. Nor could il bs
said these counties ac9uiesced, for wherever they
endeavored, by subsequent census or registry
OF their own to supply this defect, occasiOned
by previous neglect Of the Territorial officers,
the delegates thus chosen were rejected BY the
| Convention.
" repeat that, in nineteen counties out Of
thirty four, there was no census. In fifteen
counties out OF thirIy-four, there was no regis
| try, and not solitary vote was given, or could
be given, for Dtlegat4s to the Convention in ANY
one of the3s counties. Surely, then, it cannot
be said such Convention, Chosen by scurc-ly
more than one tenth of the present voters Of
Kansas, represented the people OF that Terrific
~. and could rightly impose u Constitution upon
them without their consent. These nineteen
counties, in which there was no census, con.
Sttuted a majority of the counties Of the Ter
ritory, and these fifteen counties in which there
! was no registry gave much larger vote al tn"
October election, even with the six months qua.-
ification, than the whole vote given 10 the L.
compton Conventian on the l7th of Nov. lost.-
/
Convention as such ara sovereign, which deny,
surely it must be only in such cases as when
such Conventions as chosen by tie people, which
we have seen was not the case as regards the la &c
L=compton Convention. 1t was tor this and
other reasons that in my inaugural and other
addresses insisted that the Constitution should
be submitted to the people by the Convention,
as tho only msans Of curing the vital defect in
its organization. 1t was, therefore, among 9th
er reasons TINT when, as you know, the orgAni
zation called the Topeka State Government -
was made, and Us consequence en inevitable
civil war and conflict must have ensued these
results were prevented by my assuring, not the
AboItionists, as has beeu erroneously stated (for
my address was not 20 them, but to the people
Of Ksnsss), that in ny judgment, the Conali-
tuition would be submitted fairly and iraslJ for
ratification or rejection by their vote and
that if this was not done, | would unite with
then The people) as now do, in lawful oPPo.