The Kanzas news., 1858-01-16


power to draft petition, and that petition,
| If 1t embodied the will of the people of Kan
zas, ought to be taken as such an exposition
OF their will, yet, if it did not embody their
will, ought to be rejected-having shown
these facts, let me proceed and inquire what
was the understanding of the people of Kan
zas, when the delegates were elected? un-
derstand, from the history of the transac-
ton, that the people who voted for delegates
TO the Lecompton Convention, and those who
refused to vote-both parties-understood
the territorial act to mean that they were To
be elected only to frame constitution, and
submit it to the people for their ratification
or rejection. I say that both parties in that
Territory, at the time of the election of del
egates, so understood the object of the Con-
ventlon. Those who voted for delegates did
so with the understanding that they had no
I power to make government, but only to
| frame one for submission; and those who
staid away did so with the same under
standing.
Now for the evidence. The President of
the United States tells us, in his Message,
that he had unequivocally expressed his
opinions, in the form of instructions to Gov
ernor Walker, assuming that the constitu-
ton was to be submitted to the people for
ratification. When we look into Governor
Walkers letter of acceptance of the Office
of Governor, we find that he stated express
ly that he accepted it with the understand
ing that the President and his whole Cabi-
net concurred with him, that the eonstitu-
ton, when formed, was to be submitted to
the people for ratification. Then look into
the instructions given by the President of
the United States, through General Cass,
the Secretary of State, to Governor Walker,
and you there find that the Governor is in
structed to use the military power to pro-
tect the polls when the constitution shall be
submitted to the people of Kanzas for their
free acceptance or rejection. Trace the his
tory little further, and you will find that
Governor Walker went to Kanzas and pro-
claimed, in his inaugural, and in his speech
es at Topeka and elsewhere, that it was the
distinct understanding, not only of himself,
but of those higher in power than himself
-meanining the President and his Cabinet
that the constitution was to be submitted
to the people for their free acceptance or
rejection, and that he would use all the pow
er at his command to defeat its acceptance
by Congress, if it were not thus submitted
to the vote of the people.
Mr.. President, l am not going to stop
and inquire how far the Nebraska bill, which
said the people shold be left perfectly free
to form their constitution for themselves,
authorized the President, or the Cabinet, OF
! Governor Walker, or any other territorial
officer, to interfere and tell the Convention
of Kanzas whether they should or should
not submit the question to the people. |
am not going to stop to inquire how far
/ they were authorised to do that, it being
my opinion that the spirit of the Nebraska
bill required it to be done. 1t is sufficient
| for my purpose that the Administration of
/ the Federal Government unanimously, that
the Administration of the Territorial Gov
ernment, in all its parts, unanimously un-
derstood the Territorial law under which
the Convention was assembled to mean that
the constitution to be formed by that Con-
vention should be submitted to the people
for ratification or rejection; and, if not con-
firmed by a majority of the people, should
be null and void, without coming to Con-
gress for approval.
Not only did the National Government
and the Territorial Government SO under
stand the law at the time, but, as have al
ready stated, the people of the Territory so
understood it. AS a further evidence on that
point, large number, if not majority, of
the delegates were instructed in the nomina-
ting conventions to submit the constitution
to the people for ratification. I know that
the delegates from Douglas county, eight in
number, Mr.. Calhoun, president of the Con-
vention, being among them, were not only
instructed thus to submit the question, but
they signed and published, while candidates,
written pledge that they would submit it
to the people for ratification. l know that
men, high in authority, and in the conf
dence of the Territorial and National Gov
ernment, canvassed every part of Kanzas
during the election of delegates, and each
one of them pledged himself to the people
that no snap judgment was to be taken; that
the constitution was to be submitted to the
people for acceptance or rejection; that 1t
would be void unless that was done; that
the Administration would spurn and scorn
it as a violation of the principles on which
it came into power, and that Democratic
Congress would burl it from their presence
as an insult to Democrats who stood pledg-
ed to see the people left free to form their
domestic institutions for themselves.
Now let us stop to inquire how they re-
deemed the pledge to submit the constitu-
ton to the people. They first go on and
make constitution. Then they make a
schedule in which they provide that the con-
stitution, on the 91st of December-tbe
present month-shall be submitted to all the
bona .fde inhabitants of the Territory on
that day, for their free acceptance or rejec-
ton, in the following manner. to-wit: thus
acknowledging that they were bound to
submit it to the will of the people, conced-
ing that they had no right to put it into op-
Grafton without submitting it to the people
providing in the instrument that it should
take effect from and after the date of its rat
ification, and not before; showing that the
constitution derives its validity, in their es-
Il. e h.