The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-01-07

men. ;3Ot actually representing the opluons
OF the people, though regularly aud legi,i-
E,ately clothed with their authority. 70 pre-.
pare for them form of government, ami 10
Withhold the greater part OF lis mast i'm
portant provisions from the ties, Of popular
Judgment and sanction Il ha, created the
present profound excitement, Consequent
upon the apprehension that Congress may
admit the State under this Constltu,ion,and
that the people Of kals..S may he thus
forced 10 submit to the operation OF iunda-
mental law in the adoption OF which they
have had no actual participation.
II is not nv purpose, nor is II necessary
t. inquire how far either OF the parties into
which the people were unhappily divided
upoa the proceedings in question WAS JUST
fable in the course pursued. The only i'm
portant question which seems now TO con
Germ the people. or their representatives. is,
as 10 the legal and political effect OF the facts
d, statci--whe,her they do o, do not i'm
pose upon the whole people an obligation TO
accep; the work Of the Convention, and to
acqgiesce in its plan of adopting the Con
stituton and sending it up to Congress for
tie admission OF n anssls ~ State into the
Union.
II a Convention, organized as this was,
can he considered as embodying in itself the
sovereignty Of the people, the difficulty is un-
louDietl.y insuperable, and the OMISSION Of
the majority TO vote last June is past all
present remedy Bat in my judgment,
such position cannot be successfully main
tanned, The fundamental principle of pop
u.ar selfgoyefument, and especially OF that
republican form, which the con ,tiiution Of
the United States guarantees to every mem
her OF the confcderacv. excludes the possi
hity OF the delegation or transfer OF their
sovereignty. by rrre people; 10 any authority
whatever. III lis very nature, That sover-
eighty which ogec's Governments aud en-
dows Them with their legitimate powers, can
he exercised only by the people themselves
1t is incapable OF alienation, and is as inst
p.rably inherent IA Tie body .! the people as
are personal iiepti,y and indcp,mlent viii in
each individual,
The people cauno, dyest themselves OF it.
any more than un individual cat dvest him.
self Of his own moral responsibility. ANY
ether theory wCald involve the ab,urli,y Of
the possible ~ubjection Of tie sovereign 10
.ts delegated agent; ior il the sovereignty
oe actually Delegated OF ,ran,lerred 1t may
evidently he used to ens.ayo tie sovereign
peopi1 themse.y,~ l'the Convention could
enact a Constitution and put il in force Of
It's own an,iority, l. could readily a1op, and
purp tuate tie m0st tyrannlcal provisions ;
Tor /. the Constitution, a. IA Tbs case, may
bt made plrlnaucn, Until lS6-. II might
equally be made perpttua. and una'terabe.
In is essential character when about 10
irnme STATE Government. tie sovereignty
OF the people Of a Territory Is identical with
that %, the people Of L State. 1t must nee
cssarily be equally a. p,enary ald indepen1-
en-, otherwise the ncw STATE would not
stand upon an equality with the old ones
The perfect equality o. al. the mombcrs ot
the Couieieracy i. the very basis OF the
Federal Constitution. II Is true that a Ter
r;ory cannot become STATE OF the Union
without the consent of Congress Bat this
discretion on the part OF Congress does not
imply the power 10 dictate institutions 81
The people Of the Territory, or IN any way
to restrain or limit, or force their soye
reigntv 70 the exercise Of its high function
ofiraming It's own State Government. In
only righttu power which tcngrc,s la. ~
the premises Is 10 determine when tbe new
community il sufficiently mature TO assume
an independent Government and to recognZa
the Identity of the people IN their new form
ol stat.
That clause Of the Constitution guataD-
tecing TO the States republican form Of
government" imposes The obligation u pro
teci the people IN their sovereignty, aod 10
prevent IT, alienation if that were possible.
~ departure from the true republic Il iosm.
CongrIss. therefore, has 10 ghiful poweg
70 accept State Government which has
not received the sanction Of The people who
are to li,e under IT, The st,cmp; to exer
else sucIa power would be pain violation
o. the Constitution Ii would bo none the
Us usorpa'ion becaps" The peor]e might
atgrwari. regain ihelr violated sovereignty.
The instances IN which Congress hA, re-
cagulzrd aud received new states without
ihH actual submission Of th"ir Constitutions
10 the vote Of th- people, ar not nec"'sarl y
20 conflict wftlt The principles uaH asserted.
b0phtie-a, il tue people Of a Territory
should acquiesce IN the adoption ola Cun'il-
ta;.op pas.s,a iur tAn, they might thus gl'"
very -ailslA tory ey.d.nCe u Their npprD!a-
risg. Bli ~ iisst dnce car b. found ou r..
cord If a Constitution accepted by Con.
sf.s. aeanst tae will Of majority Of tn
people eNpre>-al ~ any distinct GAaA0er
wL,try.t.
It,sns, intuI-I hefcn to assume That
tie r,eopr n ~ Territory are opposed to
,ls. roas'ltu'iou which j. 10 be submitted.
10 CERTAIN iora, OH the 2l-t ii.st. IL u
.ulIleat lDr tAe occasion which u1w cut-
yrae- taa legislative 4 mb'!, All 1T 'he
pgrp9-, d 'a. communicating, hat 'ipre u
wide spread di-aaii-fa tto1 threatening 10
disturb the tranquility o; the peoPIe II
there be aBy mean, 90. prynj-hg the d.
cord aud pa-.lb.e yin,fg' RE.ch arr % 80
ri1a.ly appreL.ndel o. the rssl'' q he par
tis! au1 inlpsffa~' election sIthoriH~t to h',
held A. the tine uamci. aadef liz s1t!p'iy