Arkansas true Democrat., 1858-04-06

oi oIaOe, It prescrlbeS form of proceading which is sometimes More honord in the breach, than the observance g, Arkansas. Michigan, Florida and California
 were all thus admitted; the essential reouisites to legitimate such proceeding are that it sbould originate with, and be conducted in. subordina
 ton to the authority of the local government
 established or recognized by the government of the United States. This was the doctrine of the Senator from Illinois; and he traces a par aiiel aud hnds fanced resemblance between the Lecompton and Topeka constitutions. For thls purpose he denounces them both as revo- iutonary, and as attempting to set up govern mehts independent of the local government of one teIHtofE. lie sezes upon that section "nich declareS that this constitution shall take enecc ana be Tn force from and after the ratif- eaton by the people' He omits to notice the provision that suspends the convenng of the Legislature, and the entrance of the State off,
 cers upon the discharge of their official duties nntll after the admission of the State into the Onlon and that all the officers of the govern-
 meut are still there and ill authority. Equally untenaole Is that objection which has of late acquired such importance-the failure of the 1 convention to submit the whole constitution for l popular approval. This is a new phase of po- pular sovereignty, and new construction of the Kansas blli. A majority of the States of the Umon have been admitted under constitu- | t'ohS which were not So approved. Others have been submitted. No one questions their validity | now am nnt aware ot any necessity which
 requires that the people can exercise sovereignty only in one form. Their sovereign right to in | Stltute government Is hot sovereign after al if they cannot exercise it in their own mode know ot no reason which requires constitution to be submitted more than a law, Or a treaty. or any other act of the supreme power of a State. our lormS ol government are representative re- pubcS rather than popular democracies. h. deed, the representative principle pervades our whole political system. The sovereignty of the people Is calmed to be inaenable. but it is quite consistent with this view, that it can be exercised by representatives and agents Wheth- CT exercised by the people directly themselves, or ln any other mode, or by any other agency. It IS stlli the act of the people. When the peo- pie elected the convention they invested that convention with their whole power; and when the convention ordained acOnstituliou complete. It was the act of the people, and as binding as If submitted directly to tn m When the sla
 very clause was submitted to, and decided by, a popular vote on the Dist of December the last feature ot the constitution was added, and the work mashed. The act of the special session or the Legislature, which authorized the popu- lar vote on the 4th of January, was d Usurpa- il"h, as It employed It's limited authority to con-
 IaVehe a previous sovereign act of the people. 1t could have no such right until that proposi- ton should be disposed Of by Congress.
 The Senator from Illinois, contends that the act ot the "convenJion was not an exercise of sovereign power; that, uaSmuch as it was con Vened under all act of tine Legislature, it de- rived It's whole authority from it, and possessed no more than the Legislature couferred."- l. would be d sufficient answer to this, that the Legislature is supreme within its just range of powers, and hat the calling of this convention Was " a nghttu ,ubect of leyislation" But that IS not all. The convention derived its au- ! thortY from the people, and exercised il in their name; while the Legislature lent only the sane i tl'hS oI law and authority, and prescribed the forms under which this potent voice of the peo i'le Was to speak. Nor Is it true that the peo- l'le had no opl ortunity to exp ess their wishes on the adoption of a constjtution + it is said that large number of counties were d.siian- chlsed, answer that their inhabitants defed and frustrated the law, and wlfully refused to exercise their rights. If 1t is sail that they were Unrepresented in the conventiou l answer that they voluntarily excluded themselves from the apportonment hy failing to return a census. Whatever may be said Of there preliminary steps, t cannot be said that, on the 2I3t of De. ceih3eF they had no opportunity to vote. The convention had submitted the slavery question to direct vote of the people, and the whole people. Congress had referred that subject to the people of the Territories to settle in their own way, and now they determined upon q direct appeal to the people IL has been claim ed that the free-State men were in an over whemng majority. Here was an opportunity to test |, and finally measure strength with their rivals. Census and registration laws were now alike things of the past, and every one was invited to the polls. Executive proclamatons and manlleStoes were put forth, impiorng the republicans to vote. At one time they were told that the convention woul be legal. and it's acton final, and asked to participate in its elec- ton. Governor Walker committed the grave error of supposing that he spoke for the Con- gross ot the United $ ates, in assuring them thrt the whole constitution >hould De submitted to yo-e Of the whole people; or if not, it would and ought to be rejected by Congress. The ad- heren's of Topeka neither trusted his assuran- ces nor acted upon them. They voted neither upon the election of delegates nor upon the slavery question. They addicted their share in the government, and thus authorized the voting majority to peak for them They were neither
 deceived nor surprised by the result It was what they both anticipated and desired.
 kludred objection of the same class with those to which have adverted is founded up- on the sweeping charges of fraud ln the local elections of kaasas. l. belongs as little to us to investigate the frauds in their elections. as ary other of the internal affair, of that Terri tory. lt cannot be denied that frauds and ire suiarties, in elections have occurred. and other atrocities committed in Ka'sas, during the per iol of her troubles, and that both s.d ,s should share in the repoach which they merit It would be strange if 1t were not 3D. h a country haTa-sed and vexed with bloody strife for the whole period of her history, often on the verge of revolution, and always n the midst o conflict between excited parties. coGld 1t be expected that her elections should be from the spirit that animated her less peace tuI contests? The people who contended in this fierce dlscord, often with violence and with arms, could lot be expected to conduct the ad- mnislration of government, with that perfect ilnpartlality and obedience to form which be- longs to more peaceful times. IL was in vain to eXi ect 1t. The only cause for wonder is that the forms of law and the integrity of the bal lot were not subjected to more irregularities and graver abuses. Stli, 1 believe the substantial ends of justice were attained and that the | frauds alleged upon one side, were counter balaGced upon the other. It is charged that there were frauds in the elections at Delaware crossing, at kickapoo, and at Shawnee Have the proceedings upon the other side escaped all suspicion? It would be strange indeed if those who had been in organized rebellion and trea- son to the lawful government, should in a mo- ment become honest and impartial in an election. How do Senators account for the significant dis parity between the vote for State officers, and tiiat against the constitution at Lewrence?- How can they account for that astounding in- crease in the vote at Leavenworth, which so suddenly sweed its magnitude? And above all, by what means was that overwhelming ma jorty of ten thousand votes paraded against the constitution, when, in the exciting election of member ot Congress the same party boiled, on the same day, less than seven thousand? It is hot ours 10 adjust the balance between the op- posite sides. The pro-slavery pfrty in Kansas have been the party of law and ord.r Ir