The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-18
AFFAIRS OF KANSAS.
-o.cr~>o~eNNroNo~o>~<~~
GOV. WALKERS LETTER Of RESIGNATION.
~~reN>~~cS>o~~o--o>ooO~-
Meeting Of the Kansas Legisla-
ture.
MESSAGE OF ACTING GOVERNOR STANTON,
PRO-SLAvERY STATE CONVENTION.
Nominations for Governor and Lieut..
Governor,
GOV. WALKERS LETTER OF RESIGNATION.


The following the letter of Hon Robert Walker 70
s,gaug the office Of Governor OF Kansas
WASHINGTON CRY, Dec. Is, 1857.
Eov LEWIS CAss, Secretary Of state -
S-I .esign the Office Of Governor Of the Territory Of
kansas have been rost reluctantly forced TO this con-
ciusion after anxious careful consideration Of my
duty my country to the people Of Kansas TO the Presi
dent Of the United States, and TO myself.
The grounds assumed by the President in his late
sage Congress- and in recent instructions in connection
with the events transprng here and in Kansas ad
monsh that Governor Of that Territory will no
longer be my power preserve the peace or promote
the public welfare
AT the earnest solicitation of the President, after
peated reusals the last being writing inally accept
ed this office upon his letter showing the dangers and o
cues of the Kansas question: and the necessity of my
undertaking the task of its adjustment. Under these cr
cumstances notwithstanding the great sacrifices to me,
personal political and pecunary,I felt that l could
refuse such call from my country, through her
Chief Magistrate, than soldier in battle who is ordered
to the command Of forlorn hope.
accepted, however, on the express condition that
should advocate the submission of the constitution
views clearly understood by the President and all
his Cabinet They distinctly set forth in my letter
my acceptance of this Office of the 26th of March last
and reiterated in my inaugural address Of the 27h of May
last folows-s'Indeed cannot doubt that the Con-
yenton after having framed State constitution, viii
submit il for ratification rejection by majority Of the
then actual bona fds resident settlers of Kansas
With these views, well known 10 the President and the
Cabinet and approved by them accepted the appoint
eBt OF Governor of Kansas My instructions from the
President through the Secretary OF State under date of
The Both of March last sustain the regular Legislature OF
the Territory in assembling Convention TO form
stuon and they express the opinion Of the President
when such constitution shall be submitted TO the
people Territory they protected the
af
ment and the fair expression OF the popular will must not
be interrupted by fraud or violence. repeat, then
my clear that unless the Convention submit the
constitution the Of all the actual resident settlers
Kansas and the election be fairly and justly conducted
the constitution will be, and ought to be rejected by
Congress.n
This inaugural most distinctly asserted that
question Of slavery merely which believed 70 be Of little
practical importance then is application 70 Kansas, but
Of the entire constitution which should be submitted to the
people for ratification or rejection These were my words
that subject IN my inaugura-'l Is not merely Shall
slavery exist in disappear from Kansas, but shall the
great principles of government and State sovereignty
be maintained or subyerted" J"
IN that inaugural proceed further to say the people
tny by subsequent vote, defeat the ratification of the
constitution" designate this great constitutional
the master Of the people" In my official despatch
you Of the III june last copy OF that inaugural ad
of the President and his Cabinet No exception was ever
taken any portion Of that address on the contrary,
was distinctly admitted by the President in his message,
with conmendahle frankness, that my instructions in
favor of Submission Of the constitution to vote Of the
ne
gura and subsequent address pledged TO the peo-
Ole Of Kansas TO oppose by all lawful MEANS the adoption
of any constitution which was not fairly and fully submit
ted 10 their vote for ratification or rejection. These
pledges cannot recall violate without personal dis
honor and the abandonment Of fun iamenta prncples
and therefore, impossible for me TO support what Is
called the Iecompton constitution because il Is moi sub
ittcd 10 vote Of the people Tor ratification or rejection
have ever uniformly maintained the principle that
sovereignty is vested exclusively In the people Of each
STATE, and that performs its hrst and highest function
IN forming state government and state constitution
This highest act Of sovereignty, IN my Judgment can
only be performed by the people themselves and cannot
be delegated to conventions oher Intermediate bodies
Indeed the whole doctrine Of the sovereignty OF con
ycnons as distinct from that Of the people, OF
tonal delegated sovereignty contra distinguished
from state or popua' sovereignty has ever been discard
ca by me-, and heard Of to my knowledge
during the great OF 1853 Indeed this s the groa
principle OF state sovereignty maintained by the virginia
and Kentucky resolutions " l10s-p, sustained by
tho people in the great political revolution OF 1900,
and embraced In that amendment 70 tho fed
eral constitution, adopted under the auspices a
the United states by the constitution nor prohibited by II
70 the states reserved 10 the states respectively or
The people. The reservation u ho States" s as sep
States in exercsng the powers granted by their
State constitutions and the reservation 10 the peop.e"
"a 10 the people OF tho several States, admitted or Ia.
choae exercising their sovereign right OF framing
amending their state constitution. This view set
forth IN my printed address delivered at Nschez Msss
sippi IN January 1888, against the nulidcaon which
speech received the complimentary sanction of the great
good Madison the principal founder OF our constiu
ton shown by the letter Of the Hon Charles nger.
soil of Philadelphia, published In the Globe, at Wash.
iheton In lse by this clause OF Federal constitutional
scryed' and " especially their own exclusive right %
form 10 lis entirely their State constitution.
shall not enter fully into the argument of this question
this late period, but will merely state that this s the
position have occupied and my reasons for enter
tinng this opinion clearly and distinctly set forth in
a printed pamphlet, published over my signature tho
18th OF June 1885, and then extensively circulated from
which qlotc as follows
Under confederate system, sovereignty is that high
est political power which At IL pleasure creates govern
men,s, and delegates authority TO them. Sovereignty
grants powers bot net sovereign powcrs-otherwisc y
might extnguish itself by making the creature OF M will
equal superior OF It's creator Sovereignty makes
constitutions aud through them establishes governments
delegates certain powers distributing the exercise OF
the granted power among the legislative, executive and
tsicia departments The constitution Il not sovereign,
because Is created by sovereignty The government Is
less any department Of that government Hay
ing defined sovereignty" we must not confound the
power with lie its exercise That Is sovereignty
s thing, and where resides how is TO be exer
csed another Under the System of European despot
ipms sovereignty was claimed 20 reside IN kings and
perors under the sacrcous idea OF the "dvnc right Of
kings" and the basphemous doctrine was, that sove
regns In legitimate succession, although stained with
crimes and blackencd with nfany were clothed by the
deity with absolute power 10 rule their subjects who held
nothing but the privileges granted by tho crown such
were the surd and mpous dogmas N which the people
Of Europe with few exceptions have been compelled TO
submit by the bayonet supported by tho more potent
thory Of ignorance and superstition. Under this theory,
thc people mere ciphers, and crowned heads sub
dccs the sole representative earth of the governing
power Of the Amsh % our doctrine ~ = s
what pcopleS wnh sovereignty rests exclusively
with the people OF each state ny the revolution each
coonr acting for itself alone separated from Great
Baan and sanctioned the Declaration Of Independence
Each colony having thus become Aatc and each adopt
ing for itself It's separate State government, acted for
Nsef alone under ne old continental Congress. Each
State acted for itself alone In acceedg 10 the articles OF
confederation l7s and each State acted Tor itself alone
in framing and rayne each for itself the constitution OF
The United States. Sovereignty then with us rests ex
clusiyey with the people Of each state The constitution
Of the United not sovereign for was created by
States each exercising for itself that highest po
hcal power called sovereignty. For the same reason
the government Of the United states Is not sovereign,
nor does exercise any sovereign powers; exercises
only delegated powers declared by the constitution,
and those powers only which granted BY that nsru
menl Delegated powers not sovereign powers, but
are powers granted by sovereignty. sovereignty being
this highest political power cannot be delegated
IL s indlvisblet u s unit, incapable of par.
utons Hence the great OF surprising that
sovetegnty is divided between the states and
the United States The constitution Of the United
States = the supreme law and obligatory as SUCH but
law s not sovereignty, but act of sovereignty. All
laws imply law makers, and IN this those who framed