The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-09
SENATOR HUNTERS REPLY.
Committee.

NJ. h.
f. A. STANDS,
SENATOR HUNTERS REPLY.
IIoyD's Essex county, Va, Oct %, 1857.
GENIEMYN-I have received your letter enclosing me
ngham on the 10th October, with request that would
respond them The subject matter Of these resolutions
,Se HON shelton aEe which was not published al
the time of your meeting, that any other answer on my
part perhaps unnecessary But as there seems TO be
difference Of opinion between with regard TO your fifth
resolution, a farther explanation may be proper. II
understand your resolutions we agree in the principle
that the people Of Kansas alone have the right to form
their State institutions according to their own pleasure,
provided they be republican in their character extend,
too the limitation the power Of Congresses in regard TO
the rejection Of State applying for admission, far
Their than you for maintain that upon this issue II can
raise question in regard TO the constitution, should
be republican its character, If the people Of the
new State, acting through their convention, have
made and adopted IL in the manner provided by
these their authorised representatives But from your
fifth resolution dissent entirely That the people OF
Kansas the rights with the people OF other
the Union with regard to the formation of their
State constitution must all admit that they dele
gate 10 convention called for this purpose the same
powers which may be delegated by the people of any
other State, is also clear That they might limit the
power conhded in such a convention by allowing them
only form a constitution 10 be submitted to the people
afterwards for ratification or rejection or that they might
elect convention with general authority over the sub
ject hardly be denied 1t Is for the people OF the
Territory about to become State, to say in which OF
these ways theH will constitute their convention Such
understand to the intent and prport of your third
resolution in which with that understanding cordially
IT, then the people Of Kansas have these rights
the question arises to what they intended by eectng
convention with general powers and without any linii
tation imposed by themselves.
The practice OF the States and reason Of the case
both prove that is to be treated general delegation
Of their sovereignty under which the Convention may
submit the constitution or not for popular vote, accord
ing to its views Of proprey II the people Of Kansas
acting as an inchoate State, imposed limitation the
trust il third party outside the Territory,
to undertake 70 aiix Il they can IN one case .hey
the very power which you so properly deny 10 In
your fourth resolution. As has been well said by dis
tnguished statesman OF Pennsylvania, " either this
yention clothed with sovereign power, nullty"
II legitimate constitution II Is the people who speak
through il; and is for them say what action is 10 be
final in regard 10 the convention which forms. To say
otherwise my opinion, is TO limit the power Of the PEG
pie of Kansas whose penary jurisdiction this sub
cct we all admit But this fifth resolution does not stop
with requiring the application OF Kansas for admission
be rejected because the convention did not sub
init the constitution Tor raihcaon oy tne peope- goes
much farther and claims for Congress the power OF pre-
scrbng who exercise the right Of suffrage when
the people pass the question Of ratyng their own
State constitution. Here II is in otsd~pa usrbis:-
Resolved That Kansas, in forming her constitution,
ought submit the same 10 the bona fde inhabitants
thereof adoption rejection and the failure to do
is in violation Of the spirit and letter Of the act creating
her Territorial and ought To be returned by
Congress to the residents Of Kansas for
Congress thus undertakes "a say not only that the
stituton shall be submitted for further vote, but to
whom. IT, then, the Convention OF Kansas should submit
its constitution TO a popular vote but establish quaca-
cation the right Of suffrage different from that which
you say Congress must require, the state must be
lpCted.
be returned to residents Of Kansas for endorsement"
The significant act Of sovereign power H. perhaps
the regulation Of the right Of suffrage and the power
this subject be exclusive, wherever resides II
Congress possesses it, then the people OF the nchoate
State have It; and the people OF the state
say who to pass upon its constitution,
then rs equality with the other States is dis.
paraged and destroyed. But this is not all If
ts right to equal powers and privileges with
the other be denied and II Congress regulate
the highest Of its political rights, mean that a suffrage,
what prevent from regulating all the other political
Congress NAV exercise this right of sovereignty over
people the very act Of forming its State constitution,
what is TO I've the limit to it's powery When we have ad
United much by what arguments so far constitn
tona power " concerned, resist an attempt %
impose the Missouri restriction over those territorcs-a
restriction which, II must be remembered, goes much
farther than the wimot provso for the latter applies
only the people Territorial condition. whilst the other
Is extended them when they are acting AZ the people
Of the State And what sort OF suffrage Congress here
required prescribe for the good people Of Kansas II
be returned o the residents OF Kansas for endorse
ment" Who are the " residents of KansasS' May not
aliens Indians and negroes be included in that denomna
onS How too this resolution be consistent with the
third which preceded in the seresS II Congress may
prescribe the right Of suffrage for people acting in
their highest capacity OF sovereignty that OF forming
State constitution and say who shall pass upon IT, how
can recognise the right of the people OF Territory,
in forming constitution for admission the Union to
establish such local policy TO them may seem right and
properf Surely, We do not coniound the power OF Con
gross 10 prescribe the right of suffrage for people acting
in a Territorial capacity with the power Of Congress 10
prescribe that right for those who are acting ~ the PEG
a
Congress make the organic act for the people OF
Territory but has such power in regard W the PEG
pie Of a nchoate State. II may prescribe the
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 must be treated either
as the representation of the sovereignty of the people
far az the formation and adoption Of constitution
oerned unless the people themselves have prescribed
otherwise in the act creating Il, OF must be treated
as nullty We must take the horn the other Of
this dilemma, as II seems 20 me.
II NAV be said that such conclusions intended
those which have drawn from the nth resolution I
have idea that there was any such design but in my
opinion these differences are 70 be drawn from H. not
only fairly but necessarily. That the opinion Of
your meeting that the people of Kansas ought them
selves 70 do the things recommended in that resolution
do not doubt but there Is a wide difference between
what the people Of a state, or old should do and
what Congress can consran them n do Tho people OF
Virginia, doubtless, ought 70 do many things which Con
gress cannot force them u do. But II the ffth
resolution had been confined To a recommendation 10
Congress to reject the application Of the State for adms
sion on the ground that the Convention had submitted
the Constitution for ratification 10 the people the matter
would not have been much helped for after all the two
resolutions would have been nearly Identical IN principle.
ton with the authority expressly delegated 10 them
form and ADOPT a constitution Suppose, farther, that
Congress IN Nc spirit Of these resolutions had rejected
the application for admission and sent back the oonstu
ton because ibad ratified by final vote OF the
people; might not ne people Of Kansas well
not ratified, as you afrrm by the people Now as you
be the Judges in this matter, you gnao
whom you by the people, whose ratification, by
farther vote 70 be the condition Of admission" But
II Congress undertook TO prescribe who should vote II
would claim this very power Of regulating the right OF
suffrage for that people Of state of which have
been speaking and AZ 10 all the consequences
would flow from the assumption Of power which
already depicted 1--WE permit Congress 10 control the
Convention in the exercise o s delegated powers In one
respect will be hard to resist It's interference another
II far safer to leave the whole matter, your third
resolution seems 20 design TO Me people OF the new or
inchoate state themselves for otherwise shall be
embarrassed by difficulties at every step that we take
begin TO make such fetrograde movements AZ these
must we not prepare minds 10 lose all that mas been
gained for the constitution and the South by the Kansas
Nebraska artY -
have given you my opinions in this letter and that adj
dressed 70 the Hon Shelton Ieake upon the subjects
your resolutions because they were asked and express
myself freely but with great respect for those who may
differ from me But seems 10 be the sentiment OF The
democratic party ~ the State II may Judge by the gene
raj tone Of s press that they ought not 70 divide upon
these Kansas issues they probably will be tenn
porary and s uncertain whether they VIII ever become