The Washington union., 1857-11-19
THE WASHINGTON. UNION,


wish to be understood as being one Of its scai friends
by saying that he hopes and epzs Be able support the
administrator in As main Now, "hpe'' is made up OF
desire alliance and expectation He DESIRES then and douby
expects to be able TO support the administration in the
main And this being he cannot OF course, desire or
expect the opposition thereto TO succeed Saying that he
knows of practical tests at this time which will bring
him into collision with the administration he distinctly
dscams for aught he at present. both the intent
or will and the spirit or purpose of the opposition He
in word ignores responsibility for this opposition which
has risen suddenly and which is sweeping in the
South W his declaration ef his 50 understood, haze no
1t is true that he seems TO be opposed to the submission
of the constitution of Kansas by her convention to the
bona de inhabitants and legal voters OF that Territory He
takes the ground that II the people silent about the
power of the convention in this respect that if the
vention not expressly restrained from proclaimng what
ever form they adopt the constitution of the State
then they have the power to proclaim it, and to send it
to Congress without submitting 1t to the people know
that there preccden for this exercise of power by
conventions but the precodents In their inception
ceponablo cases. and the doctrine which upholds them
is, in my humble opinion, anti-democratc. The true
doctrine is, that the potcus not delegated by e people
served them. They may grant such power TO the con-
vention; but If not granted 1t Is reserved that constitu
tion formed and proposed by convention which Is but
a representative body, shall be submitted to tho people,
who alone sovereign The convention to form con-
sttution is not sovereign supreme The act OF making
aSass the highest act of sovereign power and is the
act of humanity next highest to that of Deity in making
being OF any Sort The act Is less than 10 create socr-
egny itself AS democratic republican, then, would
delegate conventional powers to any body OF agents
to create State without requiring them to submit the
act to their prinoipalsthe people In i!76 an pnap-
thorzed body Of patriots assembled at williamsburg
sttuted themselves convention and formed md pro-
claimed constitution for Virginia, without submitting
to the votes of the colonists But reuoan began In
that way. There time and opportunity to poll
votes in moment of rebellion under the domination
of British arms.
The never did make revolution, and
will devoted and self-sacrfcing few must ever
take the initiative and lead the first movements of resist
1t required Patrick Henry to seize the powder of
the old magazine, and the convention of 776 saached
liberty for the people, rather than constitution from them.
In such times inter silent les The sals popuk was
then the plea and Reconsideration But what does the sas
po call for in piping times of peace, when there
to make afraid at the polls of republics Why
very different rule and order of proceeding when there
is time and place and opportunity of consulting the soy
ereign people themselves protected in their assemblies
and votes Accordingly, when Virginia formed consti
tuition second time in 1929 30, and third time in
81 the form adopted by the convention was in both
instances submitted to the legal votersaye, more,
70 he created By The form before itself adopted
That the people SHALL of right judge for themselves at
the polls of their organic law unless they expressly
authorize agents to make and to adopt constitution
for them, is principle orrwhich, rs member of the
last convention of Virginia, would have contended
strenuousy did for any other principle of pop
ular sovereignty of sefgovemment. There
SuCn delegated the people lne
tion of Kansas Yet if upon precedent, the convention
of Kansas adopts republican form of State government
and reports 1t to Congress without submitting it to the
people, agree with Mr. Hunter in accepting it and vot
ing to receive Kansas State slave free into the
Union. And whyl Because, first Of precedent and
secondly whether it be accepted rejected it has to be
submitted is subject at last in either event to the
nlar will If majority do not approve Of the constitu
tion they may organize another convention Immediately,
and adopt any republican form, after they
State, acihom submitting at all to Congress. The question
is then not whether Congress should adopt reject
the constitution of Kansas submitted to the popular vote
not but WHETHER OUGHT SUBMITTED THE
PEOPLE BEFORE SUBMITTED CoYGREss? Which Is the
better policy for the pro slavery party to sub
init the constitution at to the people, and have
end of the agitation to continue the shrieks for free
dom while longer If majority Of the legal voters
opposed to the plan of government proposed bT the
convention their voices ought to prevail constitution
al form ought not % Be imposed upon thcn and oa be but
for day, and their sovereign power ought not to
be snatched away from them, even for moment.
If Congress should AID AND ABET CONVENTION L
DOING So WOULD NOT CONGRESS BE INTERVENING AGAINST
the form proposed, they will prevail and the contro-
veBy will end strict impartiaity, justice, and
fairness observed, the people will not be ncensed
but minority shall abuse the adventitious advantage
of an organized convention to send their constitution to
Congress without first submitting it to the people they
will be goaded by indignation to acts of violence, they
will tear the constitution into tatte and trampe it into
the dust and upbraid the prosavery party with will
lingness and attempt to rule PER hs msfas, and
they will organize sringenty, doubtless against
slavery than they would ever have done at first Again
If the constitution be submitted to them first it must be
submitted to Congress afterwards to that its provs
ions republican, and it must pass in review of the
representatives in Congress well in the Territory
But if not submitted to the people in the first instance
and Congress accepts it, and then the people of Kansas
change and adopt another and it may be- worse con-
sttuon this latter will not have to be- and will not be
submitted to Congress at all Aiming, then, at the
end to protect the equal rights of Shareholders and
to end the excitement and strife soonest and safest which
the better polcyto appeal to people at in peace
full fair and just mode to be obliged at last to abide by
their anger and resentment, after imparing
moral attitude before the country Are not in dan
ger of having attitude impaired by another question
which has arisen since Mr. Hunter letters written
If Gov. Walker did not go behind the returns which he
proclaims fraudulent and simulated their
facc--and whether they so not have as yet
no means Of determining (Which returns in
word, if this be true, he did right of course in disre
garding and setting them aside He usurped author
iy if his report be true and but did his duty in rcpud
ating FRANCHISE and in spurnng
the insult which demanded that he should give his Off
cal sanction and countenance. An executive has ju-
dcia legislative power and must not dare to usurp
either but it, something than merely ministerial
authority and has the right of protecting itself from fraud
and wpostion The ministerial officer has that pow
Forms made to preserve the substance of justice
and TRUTH not to aid fraud and imposture and lsehood
and injustice. Shareholders aud the people of savehold
ing States too high in their moral tone to
owe the establishment Of slavery anywhere to means like
these And yet Of the sublime oppostonists who
profess to despise trcachery in Governor Walker in this
age of awessness and violence do not hesitate to array