Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-11-09
WASHINGTON NEWS AND GOSSIP.

her sole Executive. Since then, We have salts
fed ourself that news of the fact, official or un-
official, did not come to any Central America
in this country by the arrival bringing the al
legged information from San Juan del Norte The
Government of Nicaragua, we know, some time
since appointed the last Sunday in September
last for an election of a single Executive and a
new Congress, and Jerez, the Leonist colleague
of Martinez in the Presidency, together with
the whole Leonist party, joined in nominating
Martinez for the position. Martinez was the
leader Of the Chamoristas; and the fact that he
had the unanimous support of the Leonists,
and was therefore wholly without opposition. is
remarkable one in the history of Nicaragua !;
proving the existence of an unity of sentiment on
the part of her population, quite novel. Never
theless, the subsequent usurpation of the transit
route by Costa RIGA, we think, caused the post
ponement of the election; as prudence would
likely dictate, under such circumstances, the
wisdom of refraining from disturbing Gov
eminent with which all classes and interests
among the people were satisfied Those who
have read the Star on Nicaraguan affairs were
Of course prepared to hear of that usurpaton
and will not be surprised to learn that it means
neither more nor less than an effort to place the
transit route in English hands, to be hereafter
managed under English control and on English
account. Asyet, we are unable to say whether it
is likely to succeed. That strikes us as depend
ing on the action of this Government in the
matter of repairing the injury to our national
interests involved in the failure, some two years
ago, to acknowledge and treat W tn the Govern
ment of Kivas, which accredited Gen. Irisarri
to Washing:On-the gentleman su bsequently
accredited by Presidents Martinez and Jcrez,
and who also remains the representative of the
new Government under a single Executive, if
the change has taken place: as, in the case Of
changes in the heads of the government of a
country, or in the Government itself, no change
occurs in the authority of its representatives
abroad. That, when made, is a different affair
altogether.
BY the by, if the election took place on the
10th September, explained above, Martinez
was sworn into office yesterday, that being the
day fixed by the decree for the meeting of the
then intended new Congress at Managua the
counting of the votes. and the installation of
the new ExecI tive. If the election was coun.
fernandez, owing to the hostile attitude and
violent usurpation of Costa Rica, we take it for
granted that the idea Of changing the Govern
ment while ali Nicalag uans are at peace among
themselves under it, and powerful enemies
Costa Rica on one side. and the Americans
under Walker on the other-threaten them, is
at an end.
ANOTHER LETTER FROM SENATOR HUNTER.
This able and distinguished gentleman has re-
sponded to the late Rocking ham county (va)
meetings queries as to his views upon the pres
ent phase of the Kansas question. To such of
them as were answered in his recently pub
lished letter to the Hon. Shelton F. Leake he
makes no other reply than by respectfully re-
ferring them to that paper. To their fifth reso-
luton of inquiry, however, he replies at length
That resolution is as follows Viz
50 Resolrsd, That Kansas, in forming her con-
stitution, ought to submit the same TO the iona
tde inhabitants thereof, for adoption or rejection
and the failure to do so is in violation Of the
spirit and letter of the act creating her Territorial
Government, and ought to be returned by Con-
gress to the residents of Kansas for endorse
ment"
His reply to it is in effect dissent IN toto
to Its claim of power in Congress to say what
the convention elected to frame a constitution
for Kansas, with power delegated to it to refer
it to the people before sending it to Congress
or not. shall do with it before sending it 10
Washington in which connection he says:
" The most significant act of sovereign power
Is, perhaps, the regulation of the right Of suf-
rage, and the power over this subject must be
sesses II, then the people OF the inchoate State
cannot have it; and If the people of the new State
cannot say who are to pass upon its own constI-
tution, then its equality with the other states is
dispafa2ed and destroyed But this is not all:
II its right to equal powers and privileges with
the other states be denied, and If Congress can
regulate the highest Of its political rights mean
that OF suffrage what is to prevent it from regu-
laing all the other political rights and relations
OF It's people-slavrry included? IfCongress NAV
exercise this right of sovereignty over a DeOple
i'll the very act Of forming it's State constitution
what Is 10 be the limit to its power, When W.. |
admit so much, by what arg uments so far as |
constitutional power Is concerned. can we resist
an attempt TO Te-impOse the Missouri restriction |
over those Territories. restriction which il |
must be remembered. goes much further than
the w iimot ProvisO; for the latter applies only
10 the people In Territorial condition, whilst |
the other is extended over them when they are |
acting as the people of the State And what sort |
OF suffrage Is Congress here required to prescribe
for the good people OF Kansas, II is to be return-
ed ito the residents Of Kansas for endorsement, |
Who are the residents of Kansas Nav not |
aliens Indians, and negroes, he included in that
consistent with the third, which preceded It in |
the series, III Congress may prescribe the right |
of suffrage for people acting in their highest
capacity or severe gnty, that Of forming a State
constitution, and say who shall pass upon 1t, how
can I'VE recognise the right of the people of a |
Territory. in forming a constitution for admission
into The Union to establish such local policy
to them may seem right and proper,' Surely we
do not confound the power Of Congress to pre-.
scribe the right Of suffrage for people acting i'm
a TsTrit0TidI capacity, with the power of Con
gress to prescribe that right for those who are
acting as the people of State. in the formation
OF a constitution.
Gong ess can make the organic act 4, the peo-
pie OF Territory, but II has such power in
regard to the people Of new inchoate State |
may prescribe the qualifications of the electors
OF the Territorial Legislature, which calls the
Convention to form State Constitution; but
when that Convention is assembled having been
legally elected and constituted il mast be treated
ether as the representation Of the sovereignty Of
tue people, so far as the formation and adoption
OF Constitution is concerned, unless the people
themselves have prescribed otherwise in the act
creating 1t, or IL must be treated as a nullity We
mast take one horn o. the other of this dilemma
as il seems to me
H. a AZ