White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1857-12-24

maintained. The fundamental principles
of popular self-goyernment, and especially
of that republican FORM" which the
Constitution Of the United States guaran-
tees to every member of tho Conlederacy'
excludes the possibility of the delegation
or transfer Of their sovereignty, by the
peoule, to any authority whatever In
| its yery nature, that sovereignty which
erects governments and endows them
with their legitimate powers, can be ex-
ercised only by the people themselves
II Is incapable of alienation, and IS as
inseparably inherent in the body OF the
people, as are personal identity and indie
pendent will, in each individual. The
people cannot divest themselves oft. any
more than an individual can divest him
self of his own moral responsibility
ANY other theory would involve the
absurdity of possible subsection OF the
sovereign to its delegated agent. For II
the sovereignty be actually delegated oil
transferred, it may evidently be used to
enslave the sovereign people themselves.
If the Convention could enact Constitu-
ton, and put it in force of its own author
itv, it could readily adopt and prepetuate
the most tyrannical provisions; for if the
4 Constitution, as in this case, may be
made permanent until 1868, it might
equally be made perpetual and unalter-
able.
In its essential character, when about to
frame a State Government, the sovereign
ty of the people of Territory is identical
with that of the people of State. Ii
must necessarily be equally as plenary
and independent; otherwise, the new State
would not stand upon an equality with
the old ones. The perfect equality of all
the members of the confederacy is the
very basis Of the Federal Constitution
1t is true that a Territory cannot become
a State of the Union without the consent
of Congress. But this discretion on the
part Of Congress, does not imply the
power to dictate institutions to the people
of the Territory, or in any way to restrain,
or limit, or force their sovereignty in the
exercise of its high function Of framing its
own State government. The only rightful
power which Congress has in the premi-
ses, is, to determine when the new CON-
munity is sufficiently mature to assume
an independent government, and to re-
cognize the identity of the people in their
new form of State. Tha. clause of the
Constitution guaranteeing to the States a
republican form Of Government" i'm
poses the obligation, to protect the people
in their sovereignty, and-to prevent its
alienation, if that were possible, as a
departure from the true republican form.
Congress. therefore, has no rightful power
toaccept State Government, which has
not received the sanction Of the people
who are to live under it. The attempt to
exercise such power would be a plain
violation OF the Constitution. 1t would
be none the less usurpation, because the
people of the State might afterwards
regain their violated sovereignty.
The instances in which Congress has
recognized and received new States with
out the actual submission oftheir Consti-
tutions to the vote of the people, are not
necessarily in conflict with the principles
now asserted. Doubtless if the people of
Territory should quietly acquiesce in
the adoption of Constitution paSset; for
them, they might thus give very satisfae-
tory evidence of their appreciation. But
no instance can be found on reconl, of a
Constitution passed for them, accepted
BY Congress, against the will of the ma
jority of the people, expressed in any
distinct manner whatever.
1t is not intended herein to assume,
that the people of the Territory are oppos-
ed to the Constitution which is to be
submitted, in certain form, on the 21st
inst. 1t is sufficient for the occasion
which now corvenes the Legislative
Assembly, and for the purpose of this
communication, that there is a wide
spread dissatisfaction, threatening to dis
turb the tranquility of the people. If
there be any means of preventing the
discord and possible violence, which arc
so seriously apprehended, as the result of
the partial and imperfect election author
lied to be held at the time named, BY
authority of the Constitutional Coaven-
ton, it is the solemn duty of the Legisla.
ture to ascertain and adopt the measures
most ehectDl for that end.
What appropriate and efficient meas
ure can be adopted, in the existing emer-
gency, is aquestion not without difficulty.
Some have proposed the repeal ofthe act
of the last Legislature. under which the
Convention assembled and performed its
functions. But inasmuch as that law has
been partially executed. it is doubtful
whether an act of repeal would have the
effect intended. 1t is certain, that if the
Constitution were to be really submitted
to the people, and they should ratify it BY
their vote. Legislative repeal. between
the dates Of the submission and the cleo
ton. would not effect the validity of the
sovereign act of ratification.
The true purpose which in my iudg-
ment ought to control your legislation on
the present occasion, and that which is,
perhaps, the most pertinent and practical
bic within your power, Is, to provide for
the regular and legitimate exercise of the
sovereignty of the people, in those points
in which the Convention has attempted
to trammel OF restrain il: in other words.
to provide for direct vote, under your
own authority, upon the adoption of the
Constitution which is to be partially sub
mitted on the 2lst inst, under the author
ifo 81 fho Couet.frkso...I n n