The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-12-24

the consent of the governed" how can it be
known whether the people world assent to the
Constitution, unless it is submitted to their vote
fer ratification or rejection? But if ,cquiescence
can be presumed in any case, surely, il cannot
bs in that of Kansas, where so many Of the del
egstes violated their pledge to submit the Con-
stitution itself to q vote IF the people, where
the delegates who signedfhe Constitution rep
resented scarcely one-tenzh of the people, and
where nearly one half the counties Of sae Ter
ritory were disfranchised and (by no fault of
theirs) did not and could aot give sihgle vote
at the election for dele gates to the Conven-
ton?
have heretofore discu sed this subject main
ly on the question that conventions are not
sovereign, and cannot rig atfully make State
Constitution without sub lssion to theSvote of
the people for rsti6cat. on or rejection yet
surely even those who dtier with me on this
point must concede, espei ally under de Kan
sas Nebraska bill, it is snly such conventions
can be called sovereign, as have been truly
elected by the people, and represent their will.
On reference, however, . my address of the
10th September last on the disqualification
question: copy Of WHICH was Immediately
transmitted to you, for the information of the
President and Cabinet, is evident hat the
Lecompton Convention YEAS not such body.
That Convention had vital, not technical defects,
In the very substance of its organization under
the Territorial law, which could only be cured,
IN my judgment-as set forth in my Inaugural
and other addresses-by the submission Of the
Constitution for ratification or rejection by the
people On reference To the Territorial law
under which the Convention was assembled,
thirty-four regulsrly-orgsnized counties were
named as election districts for delegates to the
Convention. In each and all of these counties
it was required by law that census should be
taken, and the voters registered and when
this was completed, the delegates to yhe Con-
vention should be apportioned accordingly. In
nineteen of these counties there was 30 census,
and therefore there could be no such apportion-
ment there of delegates, based upon such GEN.
sus. And in fifteen of these codnties there was
no registry of voters.
These fifteen counties, iacluding mapy of the
oldest.organized counties of the Territory, were
entirely DISTINGUISHED, and did not give, and
(by no fault of their ownl could not give, soil
tary vote for delegates to the Convention. This
result was superinduced by the fact, that the
Territorial Legislature appointed all the sher-
ifs and probate judges IL all these counties, to
whom was assigned the suty by law of making
this census and registry. These officers were
political partisans, dissenting from the views
and opinions of the people of these counties, as
proved by the election irs October last. These
officers, from want of funds, as they allege,
neglected or refused to take any census 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
of delegates to the Constitutional Convention.
And here wish to call attention to the dstinc-
ton, which will appear in my inaugural address,
N rpfarouaa m thoco oh A.
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 that privilege, the ques
ton ia very different FROM thoae couples where
there was no census or regikiry, and no vote
was given or could be given, however anxious
the people might be to participate in the cleo.
ton of delegates to the Convection. Nor could
it be said these counties acquiesced; fer WHEREBY
er they endeavored by subsequent census or
registry of their own to suppls this defect, occa
stoned by the previous neglect of the Terrific.
rial officers, the delegates thus chosen were
rejected by the Convention.
: Irepeat that in nineteen counties out of thirty.
four there was no census. In fifteen counties
out of thirty-four there was no registry, and not
solitary vote was given or could be given for
delegates to the Convention in any one of these
counties. Surely, then, it cannot be said that
such Convention, chosen by scarcely more
than one-tenth of the present voters of Kansas,
represented the people of that Territory, and
could rightfully impose a Constitution upon
them without their consent. These nineteen
counties in which there was no census cousti-
tuted a majority of the counties of the Terri
tory, and these fifteen counties in which there
was no registry gave much larger vote at the
October election, even with the sx months'
qualification, than the whole vote e!zen to the
delegates who signed the Lecomptor Constitu.
ton on the 7th November last. If, then, soyer.
eighty can be delegated, and conventions. as
such, are sovereign, (which l deny surely it
must be only in such cases as whe; such con.
ventions are chosen by the people, which we
have seen was not the case as regards the late
Lecompton Convention. 1t was for /, MS. among
other reasons, that in my inaugural, and other
addresses, insisted that the Constitution should
be submitted to the people, by the Convention,
as the only means of curing this vital defect in
its organization. 1t was therefore, among other
reasons, when, as you 2now, the organization
OF the so-callad Topeka State Government, and
as consequence an Inevitable civil war and
conflict with the troops must have ensued,
these results were prevented by my assuring
not the Abolitionists, az has been erroueouslv
people of Kansas-that, in my Judgment, the
Constitution would be submitted fairly and
freely for ratification or rejection by4heir vote
and that if this was not done, would unite
with them, 1.-THE people,) as / now do, in "law.
ful opposition" to such procedure,
The power and responsibility being devolved
exclusively upon me by the Presidett, of using
the Federal army in Kansas to suppress insur.
rection, the alternative was distinctly, presented
to me by the questions propounded nj Topeka
of arresting revolution by the sIaup liter of the
people, or by preventing it, together with tina,
civil war which must have extended through
out the Union, by the solemn assur ,nce. then
given, that the right of the peopls to frame
their own Government, so far as my power ex
tended, should be maintained. But for this as.
surance, it is conceded fact that e Topeka
State Government, then assembled i, Legislative
session, would have been put into immediate
actual operation, and that q sanguf ary collis.
ion with the Federal army and civi war must
nave ensuea, extending, 1t 10 feare' through.
out the Union. =
Indeed, the whole idea of an in, ,pural ed.
dress originated in the alarming Intelligence
which had reached Washington CITY. Of the per.
ilous and incipient rebellion in Kar as. This
instruction, rendered still more for aidahle on
my reaching the Territory by the nes approacb
OF the assembling of the revolutic r;ary State
Legislature, and the very numerous mass con.
| ventions by which it was sustained.
In truth, had TO choose betwee arrestinp
. ,Sa1 1nsurrection, at wh2tever cost eaAmerican
oloou, oy tne federai army, or to syevent the
.efrioie catastrophe, as did, by MI pledges to
ene Peopie OF the exertion OF all my power to
obtain fair election, and the submttsion ofthe
Constitution to the vote of the peobys, for rati
fcation or rejection. t'~'
| MY inaugural and other addrt, ses were
therefore, really in the nature Of pre- ,;amatiops
$50 often issued by Presidents and governors. !