The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1858-01-27

L
Over 300 and under O0O,. ....,.lS "
Over 1000 and under 2.0o0,. 10 F"
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The Administration and the Ne
braSka Bill.
The President of the United States is sworn
to execute the latcs, not to make the law, or to
execute abstract principles, however good, un-
less put in the form of law. He may desire that
the law were different, but while it stands, he
must see that it is executed as ID stands The
Kansas Nebraska bill is law of the United
States, and the President is in no. wise respon.
sibe for the mqaner in which it is framed, but
he must execute it as il is. Now, we say, that
unless the legal construction of the Nebraska
bill, forbids the people Of Kansas, 'by their APP
propriate representatives, from forming con-
stitution and transmitting it to Congress with
out submission to the people, that the
! President could not have taken any other course
/ in reference to Kansas than that taken in his
late message.
The only preston is, does The legal constitution
Of the Nebrasha bin require tie constitution, sclie'l
formed By the psop'e through tAeir legal contention
qf de'cyates e'eceRm tint purpose, to be Submitted
n tie peqp1e or ratification, Jte it is set to co,s-
tgress?
We must con ess that until this late difficulty
has arisen in regard to Kansas, we never heard
| it intimated, BY anyone that the people might not
make their constitution, "in their own way
| by their appropriate representatives, as we in
Ohio formed our first Constitution, and indeed
as the constitutions in a,Voyity Of tie States
Iof this Ulion have been made
Tie people may do this as they please. 1t is
| Hetr business, not ours. We have sad that for
our part, we should prefer that all constitutions
should be submitted, by the conventions form
ing them, for ratification. And we think the
Presidents suggestion is wise one, that all fl-
ture acts, authorizing the formation of consti-
tutions, should be framed like the Minnesota
bill, with special clause, requiring such sub
mission. But the question now is, not how laws
should hereafter be made, but what is the legal
construction ofa law that has no such clause in it,
3uI WHICH SdSSt litdt tile TRUE ulteut anu mean"
ingo this act is, not to legSlate slavery into any
State or Territory or exclude it therefrom, but
to leave the people thereof perfectly free to
form their domestic institutions in their own
way"
We think that, unler this clause the people
may orm their constitution, 'by their appropri-
ate representatives" without submission, ''in
their own way" The whole structure of Sem
ator Douglas speech rests on the assumption that
the Nebraska bill requires such submission; and if
he is right in that, he is right inhis conclusion;
and if wrong in that, he is, of course, wrong
throughout. And this point he assumes witl.-
out argument. lie says in his late speech
II am not going to stop and inquire how far
the Nebraska Bill authorized the President Or
Gov. Walker to interfere and tell the Convcn-
tion of Kansas, whether they should or should
not submit the question to the people; it being
my opinion that the spirit Of the Nebraska bill
required 1t be done"
We think he ought to have stopped to en-
quire.a about that. We think the whole ques
ton rests there. II the Nebraska bill requires q
submission it mitst be submitted. There is nc
getting around thai. But if not, the President
has no authority to require what the law does
not require 1t may be Douglas opinion now
that the bill requires submission but We will
show shortly, that his opinion was quite the con-
trary, a short time ago, that he then thought
the people might make their constitution "by
their appropriate representatives"
Immediately in connection with the above
quotation, Mr.. Doug1Qs says that, 't is sufficient
for my purpose that the Administration Of the
Federal Government unanimously understood
that the Constitution to he formed by that con
vention, should be submitted to the people 70,
ratification or rejection; and if not confirmed by
majority Of the people should be null and voiC
without coming to Congress for approval"
This he asserts as afact and as reason fol
his not entering into the argument as to whethe
the Nebraska bill required submission or not
But this will not do. The administration unan
imously hold the opinion that the legal con
struction Of the bill requires no such thing
Their opinions are on record, Cass, Black, To,cy
Brn,oa, Cobb, F6yR Tlompsoa, all concur in thu
opinion, that the Nebraska bill, not saying hm
the people shall form their institutions, excep
that they shall do it in "their olon wav," means
just what it says, that they may do it in "thci
own way" And whether that "toay' shoull b,
yours, mine Senator Biglers or Senator Doug
las can make no difference.
We published Cass and Blacks opinions last
week, as given in their letters to the Philadel
phia ratification meeting, endorsing the Pres
idents policy,
| The above il not only the construction Of the
whole Cabinet, aud the Presidents legal advi-
sers, and large majority of the Senate, but il
was the construction oil Senator Douglas him
self short time ago; and we think he should
at least in his speech have stopped to show "
what had induced him to change his opinion as
sto the legal construction Of the Bill. We think
that is the true construction, and we doubt
whether there sa justice Of the Peace in the
country that woulI give it any other construc-
ton.
| The following selections from his former
speeches. show clearly what his former opinions
were; and that he then held that no such sub
mission was necessary.
| His present position Is, that Instruments le-
/ -. a