The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1858-01-05

as in this case, may be mado permanent
until 1868, il might equally be made per-
petual and unaltcrablc.
In its essential character, when about TO
frame State government, the sovereignty
of the people of Territory is Identical
with that Of the people of State. It
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 il
true that Territory cannot become
State of tho Union without the
consei.t Of Congress. But this discretion
on the part of Congress docs not imply
the power to dictate institutions to the pco-
pie of the Territory, OF in any way to re-
strain, or limit, or force their sovereignty
in the exercise of its high function Of fra.
ming its own State government. The
only rightful power which Congress has in
tho nron,.isos. 70 to detcrmine wlep the new
community is sufficiently mature TO assume
an independent government, and to recog-
nize the identity of the people in their new
form of State.
The close Of the constituti guaranty
ing to the States a republican form ofgov-
ernment" imposes the obligation to protect
the people in their sovereignty, and to pre-
vent its alienation, if that were possible, as
departure from tho true republican form.
Congress, therefore, has no rightful power
to accept State government which has
not received the sanction Of the people W no
were to live under it. The attempt TO cx-
orcise such power would be plain viola
-tion of the constitution. 1t would be none
the less usurpation because the people
might afterwards regain their violated sov-
ereignty.
The instances in which Congress has
recognized and received new States with
out The actual submission of their consitu-
tions to the vote Of the people, are not
necessarily in conflict with the principles
now asserted. Doubtless, if the people of
Territory should quietly acquesee in the
adoption ola constitution passed for them,
they might thus give very satisfactory evil
dence of their appreciation. But no in
stance can lie found on record of const-
tuition accepted by Congress against tho
vii; Of a majority Of the people, expressed
in any distinct manner whatever.
1t is not intended herein to assume that
tho people of the Territory are opposed to
the constitution which is TO be submitted,
in certain form, on the 2lst instant. 1t
is sufficient for the occasion which now
convcncs the Legislative Assembly, and
for the purpose Of this communication, that
there is widespread dissatisfaction, threat
ening to disturb the tranquility of tho peo-
pie. If there be any means Of preventing
the discord and possible violence which are
so seriously apprehcndcd, as the result Of
the partial and imperfect election author
lied TO be held Mt tho time named, und'r
the authority Of tho constitutional conven.
ton, it is the solemn duty Of tho Lcgis.a-
ture to ascertain and adopt tho measures
most cffcctual for that end.
What appropriate and efficient measure
can be adopted in the existing emergency,
is question not without difficulty. Some
have proposed repeal Of the act Of tho
last Legislature, under which the convcn-
tion assembled and performed its functions.
But inasmuch as that law has been partial
ity executed, it is doubtful whether an act
of repeal would have tho effect intended.
IL is certain that if the constitution were
TO be really submitted to the people, and
thet should ratfy it by their vote, lcgis.
laiivc repeal, between the dates Of the
submission and of the election, would not
effect the validity Of the sovereign act of
ratification.
The true purpose which, in my judg
mcnt, ought to control your legislation on
the resent occasion, and that which is,
perhaps, the most pertinent and practica-
bic in your power, is to provide for the
regular and legitimate exercise Of tue SOW
ereigniy Of the people, on those points in
which tho convention, has attempted to
trammel or restrain it; in other words, to
provide for direct vote, under your own
upon the adoption of the consti
tuition which is to be partially submitted,
on the 2lst inst, under the authority of
the constitutional convention.
| have already expressed the grave
doubts l entertain as TO the power of the
Legislature in any manner to interfere with
the proceedings Of the convention. But
there can be 10 question as TO your author
ity to provide, by suitable law, for fair
expression of the will of the people upon
the vital question of approving the consti-
tuition. The highest act of sovereignty, |
the act Of dclegaiing appropriate powers
in the best form of words and with the |
proper limitation TO State organization.
SO involves the dearest rights and interests
Of the people, that the very safety Of our
whole system of sef-government demsnds,
in all cases-but especially where any
doobt or dissatisfaction prevails-an une-
luivocal ratification of the constitution TO
be adopted.
Perhaps a majority of the people may
accept the instrument now before them, in
Dne or the other Of the forms in which it
Is presented by tho convention In that
case there could be no ground Of complaint
for doubt not the whole people will
acquicscc in the will Of the ma
ority, fairly asccrtaincd. On tho other