Arkansas true Democrat., 1857-12-08

does not express any warm or strong confidence in the administration; that he does not wish to be understood as being one of it's especial friends or partSans; but, that he does disclam the op- position Q it, hy saying that he hopes and ex. poets to be able ,o support the administration m the mlln." Now, hopc' is made up of desire, alliance and expectation He desires. theh' Aad doubly expects to be able to support the adininlstratlon in the main. And this be- uiS so, ne cannot. of course, desire to expect the opposition thereto 10 succeed. Saving that ne Knows oi no practical tests al this time, "hich VIII bring h.m into collision with the ad- mlnistratlon. he distinctly disclaims for uyht he can see at present. both the intent or will and the spirit or purpose of the opposition.- He, m a word, ignores responsibility for this opposition, which has risen so sudd.nly and winch is so sweeping in the south. With this declaration of his so understood have no is sue with MT Hunter
 It is true that he seems to be opposed to the submission of Inc constitution of Kansas. by har convention. to the bona fide inhabitants and legal voters of that territory He takes the ground, that If the people are silent, about the power of the convention in this respect; that if the convention was not expressly restrained from proclaiming whatever form they adopt as the constitution of the State, then they have the power to proclaim it, and to send it to Con- gress, without submitting it to the people, 1 know there are Iirecedents for this exercise of power by the convention, but the precedeuts are in their inception exceptionable cases, and the doctrine which upholds them is in my humble opinion, anti-democratic. The true doctrine is, that the powers not delegated by the people are reserved to them. They may grant such tO hp bI1t tol ;+ is reserved that a constitution, formed and pro- posed by convention, which is but represen- tative body, shall be submitted to the people, who alone are sovereign. The convention to form a constitution Is not sovereign or supreme The act of making State Is the highest act of sovereign power, and is the act of humanity. next highest to that of Deity, in making be- ing of any sort. The act is no less than to cre- ate sovereignty itself. As a democratic re- publican, then, l woRla never delegate conven- al powers to any body of agents to create a State without requiring them to submit the act to their principals, the people, In 1776, an unauthorized body of patriots assembled at Williamsburg, constituted themselves a con- venton, and formed and proclaimed constitu- ton for Virginia, without submitting il to the votes of the colonsJS. But revolution began in that way. There was no time and no oppor- tunity to poll otes, in a moment of rebellion, under the domination of British arms
 The masses never did make a revolution, never can and never will. A devoted and self sacrificing few must ever take the initiative and lead the first movements ul resistance. IL re- qured a Patrick Henry to seize the powder of the old magazine, and the convention of l176 snaiched liberty for the people, rather than constitution from them. In such times inter arnaa silent leges. The saltts papaH was then the plea and the justification. But what does the saias p2P1i call for in piping times of peace when there are none to make us afraid at the polls of a Republic? Why very different rule and order ol proceeding, when there Is time and place and opportunity of consulting the sovereign people themselves, protected in their assemblies and votes Accordingly, when Vir giuia formed a constitution a second tme in l829-'3O and third time ill 165O-'5l, the form adopted by the convention was in both instances submitted to the legal voters-aye, more, 10 the new voters created by the new form before itself was adopted. That the people shall of right judge for themselves, at the polls of their own organic law, unless they expressly authorize agents to make and to adopt cons. titutlon for them, Is a principle for which, as a member of the last convention of Virginia, would have contended as strenuously as did for any other principle of popular sovereignty or selt-government There was no such au- thority delegated by the people to the conven- ton ot Kansas. Yet, ltupon precedent, the con- ventlon ot hansas adops republican form of State government, and reports It to COngress, without submitting 1t to the people, 1 agree with Mir. Hunter in accepting it and voting to receive Kansas as State-slave or free-into the Un- ion. And why? Because, first, of precedent, and secondly, whetherit be accepted or rejected, 1t has to be submitted or Is subject at least in either event, to the popular will. If majority do not approve of the constitution, they may organize another convection immediately, and adopt any republican form, after they are once a ; ate, without submitting 1t al all to Congress-
 The question DOW is, then, not whether Con- gress should adopt or reject the constitution of kan>as, submitted to the popular vote or not, but whether 1t ought not tbbe submitted to the people before il Is submitted to Congress?- W hlch k the better policy for the proslavery party to pursue? to submit the constitution al once to the people, aud have an eud of the agi- tatlon, pr tu continue the shrieks Tor freedom a while longer? Ii majority of the gal voters are opposed 10 the plan of government proposed by the convention, their voices ought to prevail constitutional form ought not t0 be imposed up- on them, and cannot b. but for a day, and their sovereign power ought not to be snatched away from them even for a moment. If Congress should aid and abet convention in doing so, would not Congress be inter' enng against non. intervention? And if majority IS in favor of the tora proposed, they wilt prevail, and the controversy will end. If strict impartiaity, justice and fairness are observed, the people will not be incensed but if minority shall ba .I ,,4 ei convention to send useir constitution to Con- gresS, without first submitting 1t to the people they will be goaded by indignation to acts of violence, they will tear the constitution into tatters and trampe it into the dust, and upbraid the pro slavery party with willingness and at tempt to rule pc, taS aW nefaS, and they will or ganlze more strngently, doubtless against slave ", than they would ever have done at frst.- Again: if the constitution be submitted to them first, 1t must be submitted to Congress after wards, to see that Its provisions are republican, and 1t must pass in review of the Representa- lives in Congress as well as in the Territory But, If not submitted to the people in the first instance, and Congress accepts 1t, and then the people ot Kansas change and adopt another, and, It may be, a worse constitution, thls latter will not have to be, and will not be submitted to Congress at all. Aiming then at the same end, to protect the equal rights of shareholders, and to end the excitement and strife soonest and safest, which is the better policy, to appeal to the people at once in peaceful fair and just mole, or to be obliged at last to abide by their anger and resentment, after Impairing our own moral attitude before the country? Are we not in danger of having cur attitude impaired by another question which has arisen since Mir
 Hunters letters were written?
 Ii Gov. Walker did not go behind the returns which he proclams were fraudulent aud sim ulate'i" on their lace-and whether they were so or not. we have, as yet, no means of deter mlnlng which were no returnS-ln a word, II this be true he did rgh oi course, In disregard ing and setting them aside lie usurped no authority, if hs report be true, aud but did his duty in repu Hating FRAUD UPON THE ELECTIVE FRANCHISE, and in spurnlng the insult which demanded that he should give 1t his official sanction and countenance. An executive has no judicial or legislative power, and must not dare to usurp either; but It IS something more