Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1857-11-13

she sehS 1iSuls VIII tne PeoPle VI any
other State in this Union, with regard 20
forming their State Constitution, we must
all admit 4 that they can delegate to .
Convention. called for this purpose, the
same powers whichgmay be delegated by
the people of any other State, is also clear.
That they might limit the power confer
red on such Convention By allowing
them to form only such Constitution 10
be submitted to the people afterwards, for
ratification or rejection, or that they
might elect Convention with general
authority over the subject. can hardly be
denied. tbs for the people of the Terri
tory, about to become a State, to say in
which of these ways they will constitute
their Convention. !. Such understand to
be the intent and purport of your third
resolution, in which, with that under
standing. l cordially concur. If then,
the people. of Kansas have these rights,
the question arises as to what they in
tended by electingk,a Convention with
general powers. and without any limita-
ton imposed by themselves. l,r
The practice Of the States and the rea-
son Of the case. both prove that it is to
be treated as general delegation Of their
sovereignty, under which the Conven-
ton may submit the Constitution, or not,
for popular vote. according to its own
view of propriety. If the people of Kan
sas, acting as an inchoate State, imposed
no limitation on the trust, it is not for any
third party, outside the Territory, to un.
dertake to affix it. If they can in one
place, they might in all, and Congress, il
seems to me, might exercise the very
power which you deny to it, in your
fourth resolution. AS has been we'll said
by a distinguished statesman of Pennsyl-
vania, EITHER this Convention is clothed
with sovereign power, or it is nullity."
II it be legitimate Convention, it is the
people who speak through it: and it is
for them to say what action is 10 be fna
in regard to the Constitution which il
forms. To say otherwise, in my opinion
is to limit the power of the people Of Kan
sas. whose plenary jurisdiction over this
subject we all admit. But this fifth reso
luton does not stop with requiring the
application of: Kansas for admission as 6
State to be rejected. because the Conven
ton did not submit the, Constitution fol
ratification by the people it goes much
farther, and claims for Congress the pow.
er of prescribing who are to exercise the
rights of suffrage, when the people pass
upon the question of ratifying their owr
State Constitution. Here it is in totiden
Ver6iS::
"Resolved, That Kansas, in forming bel
Constitution, ought to submit the same t
the bona tide Inhabitants thereof, for adop
ton or rejection. and the failure to do sc
is in violation OF the spirit and letter o
the act creating her Territorial Govern
ment, and ought to be returned by Con.
lgress to the residents of Kansas, for en-
dorsement." .....- ...'..t
Congress thus undertake to say, not only
that the Constitution should be submitted
for further vote, but to whom. If then
the Convention Of Kansas should submit
it's Constitution to popular vote, but es
tablishing qualification for the right o
suffrage different from that which yol
say Congress must require, the STATE
must be rejected, and the Constitution al
though thus ratified. is to be returned t
the Presidents of Kansas for endorse
ment."
The most significant act of sovereign
power is, perhaps, the regulation of th'
right of suffrage, and the power owe
this subject must be exclusive, whereve
4 it resides. If Congress possesses it. thel
the people of the inchoate State canno
have it and if the people Of the new
5 State cannot say who are to pass upon it
own Constitution, then its equality will
: other States is disparaged and destroyed
But this is not all if its right to equa
powers and privileges with the othe
States be denied, and if Congress can reg
ulate the highest of its political rights,
mean that of suffrage, what is to proven
it from regulating all the other politica
rights and relations of the people-slave
ry included If Congress may exercis
This right Of sOvereignty over people il
the very act Of forming its State Constitu
lion. what is to be the limit of its power
When we have admitted, so much, b
> what arguments, SO far as the consIitu
tional power is concerned, can we resis
an attempt 10 re impose the Missouri re
! striction, which, it must be remembered
goes much farther than the Wilmot Pro
viso for the latter applies only to tn
6 people in Territorial condition, willis
the other is extended over them whe
they are acting as the people of State
And what sort of suffrage is Congress re
CURED to exercise for the good people c
Kansas 1t is "to be returned to the res
idents Of Kansas for endorsement" VIII
are the residents of Kansas 90 Ma
not Aliens. 1ndiansand negroes be inclu
ded in that denomination ? How, toe
can this resolution be consistent with th
third. which preceded it in the series
II Congress may prescribe the right Q
suffrage for people acting in their high
est capacity of sovereignty. that of form
ing State Constitution, and say VIII
shall pass upon it, how can eve recog