The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-01

OsteDeibe reason for the course be il pursuing in
opp, sition to the views of the President. Let
US So how far his record eustains him.
Tie bill Of the 18th March remained Enacted
upon, and on the 25th of June Mr. Toombs pre-
notice he would propose at the proper time as o
sui stitute. III thissubstitute bill of Mr. Toombs
the precise wording Of the third section of Mr..
Douglas bill (alresdy quoted) was retained, re-
cognizng the right Of the people of Kansas to
ratify the constitution after its adoption by the
| Convention. About the same time Mr.. Seward
presented a substitute, also in the shape of an
amendment, which ignored the people of Kan
sas either in convention or otherwise, aud de-
cared that Kansas should at once be admitted
into the Union as Il State, if the Territorial
Legislature, then in being saw fit to accept the
offer. On motion Of Mr. Douglas both Of these
amendments were referred to his committee,
and his bill already reported. was recommitted
One week thereafter--on the 30th June-Mr
Douglas made lengthy report from his COM
mittee, accompanied by bill as substitute for
the one he had originally presented. This bill
embraced many of the features of the Toombs
substitute, but the provision as to the power of
the Convention, and the distinction between a
convention Of the people" aud the people
! themselves, was abandoned. The section was
| made to read
And be further enacted That the following propositions
be- and the are hereby offered to the said Conyen
ton OF the people Of Kansas for their acceptance
rejection which If accepted by the Convention shall be
obligatory on the United states and upon tho said State OF
| Kansas.
Thus amended by Mr. Douglas, the absolute
sovereignty of the Convention, when constituted
TO do as it saw fit, conceded the bill passed the
Senate, receiving the vote Of every democratic
| senator, including. Of course Gen. Cass, the
| present Secretary Of State, and Mr.. Toucey, the
present Secretary of the Navy.
| II is out Of the question to suppose that Mr..
Douglas could accidentally have made this i'm
portant omission in the bill; and we have not
heard that such a pretence is set up. Indepen
dent of the record itself, it was stated by Mr..
Bigler, in the discussion which took place at the
commencement of this session, that the amend
ment was the result of discussion on the point
which took place at Mr.. Douglas house. Mr..
| Douglas flew into rage at this statement, and
after insinuating that Mr.. Bigler was divulging
| the transactions q a private conversation, mag
unanimously gave him permission to do 30; but
When the striking out of that portion of the sec
ton providing for the subsequent ratification
by the people was discussed. Mr.. Bigler
thought he was, but was not certain. Now all
this is mere pettifogging on the part of Mr..
Douglas. The fact is patent. that as Chairman
Of the Committee On Territories he did report
the bill to the Senate, and that the bill so re-
ported omitted that portion of his first bill
which made a distinction between "a conven-
ton Of the people" and the people-and thus
acknowledged the sovereignty of the Conven-
ton as the representatives Of the people of the
Territory Of Kansas. We are informed that Mr..
Brown, Of Mississippi at the meeting referred
| to, was the person who moved to strike out the
passage requiring the subsequent ratification by
the people; and If Mr.. no-o'-~ AI,--A-- q. re'ps
I his case in any way, he can call Mr.. Brown, who
| is still in the Senate, on the stand.
The bill passed the Senate, but failed to pass
the House in consequence Of the opposition Of
| the republicans, who wanted to keep the agita-
ton open. But the point is, that every one
who voted for the bin is personally committed
to its principles; and tha IL author Judge
Douglas) Is the last man who can, with the
slightest claim to consistency. refuse to admit
Kansas under the constitution now presented
which has been made in strict conformity with
the provisions Of his own bill. He has un-
doubtedly right TO adopt any course he may
see fit; but In his present position he must
stand branded as q deserter, and as such meet
his fate.
William ii. Stewards position is perfectly
| reconcilable with his whole political career
All he desires is TO keep the agitation alive. II
cannot injurc his character to show that, in
| 1866, he offered bill ignoring entirely the
| people Of Kansas upon the question Of their ad
| mission into the Union, and that he is now
screaming at the top of bis voice for justice to the
poor people there, because they have only been
heard through their representatives in convcn-
| ton assembled. He Is simply following out his
| character as q demagogue and an agtator
II is contended In some quarters that the peo-
pie Of Kansas had no right to form coustitu-
ton either by convention or otherwise, unless
with the consent Of Congress Where do the
advocates of such a course find their authority?
| Not In the constitution Of the United States;
| and certainly not in the doctrine of popular
sovereignty-the great principle which it
| IL asserted was endorsed in the Kan
sas-Nebraska act. As mere matter
| of expediepey, to expedite the action Of
the people Of the Territory, an enabling act;
as il is termed, would have done no harm. But
in the absence Of any such actin the neglect
of Congress to pas IL, If IL were nccessary--thc
Legislature of the Territory had an undoub,ed
right to provide, as they did, for the election Of
a convention of the people to frame constitu-
/ tim That Cnnxentinn when or ranizod rnnr.>