The Kansas herald of freedom., 1858-01-09

| in nv address before quoted, that Hsov-
'ereignty is the power that makes Con-
astitutions and Governments" and that
not only the Slavery clause in State
Constitution, but all Others, must be sub
mitted.
The President thinks that sovereignty
can be delegated-at least in part; i think
that sovereignty cannot be delegated at
all. The President believes that sover-
eighty is divisible between conventions
and people, to be exercised by the former
on all subjects but Slavery, and by the
latter only on that question, whereas I
think that sovereignty is 6naSieaabls indii-
visible, unit, incapable of partition, and
that it cannot be delegated, in whole or
in part. 1t will not be denied that sover-
eighty is the only power that can make
State Constitution, and that it rests ex-
clusively with the people, and if it is in-
alienable and cannot be delegated, as |
have shown, thcnit can only be exercised
by the people themselves, under our Gov
ernment We know no sovereigns but the
people. Conventions are composed of
delegates" They are mere agents or
trustees, exercising not a sovereign but a
delegated power, and the people are the
principles. The power delegated to such
Convention can properly only extend to
framing the Constitution, but its ratitica-
ton or rejection can only be performed
by the power where sovereignty alone
rests-namely, the people themselves
We must not confound sovereignty with
delegated power. The provisional au-
thofity of the Convention to frame Con-
stitution, and submit it to the people, Is
delegated power, but sovereignty alone,
which rests exclusively with the people,
can ratify and put in force that Constitu-
ton. And this is the true doctrine of
Popular Sovereignty, and l know of no
such thing, nor does the Federal Constitu-
ton recognize it, as delegated or conven-
tional sovereignty. The President in a
very lucid passage of his able message,
gives unanSwerable reasons why the peo-
ple and not conventions should decide the
question of Slavery. He says. very truly,
that from the necessary divisions of the
inchoate State into districts, majority of
the delegates may think one way and the
people another, and that the delegates, as
was the case in Kansas, may violate their
pledges, or fail to execute the will of the
people. And why does not this reason
Ing apply with equal force to all other
questions embodied in the State Constitu-
ton, and why should the question of
Slavery alone override and extinguish the
doctrine of Popular Sovereignty and the
right of self-government? Most fortu-
nately this is no sectional question, for it
belongs alike to to the States admitted or
inchoate, of the South as of the North
1t is not a question of Slavery, but of
States Right, of State and popular sover-
eighty; and my objections to the Lecomp-
ton Constitution are strong, whether Kan
sas, under its provisions, should be made
a Free or Slave State. My objections are
based upon the violation of the right of
self-government and popular sovereignty,
and of forcing any Constitution upon the
people against their will, whether it re-
cognizes Freedom or Slavery. Indeed,
the first question which the people ought
to decide in forming Government for
an inchoate State is, whether they will
change or not from Territorial to State
Government. Now no one who with me
denies Federal Or Territorial sovereignty,
will contend that Territorial Legislature
is sovereign, or represents sovereignty, or
that such Legislature, mere creature of
Congress, can transfer sovereignty, which
it does not possess, to Territorial Con-
vention. This change from Territorial
to State Government can only be made
by the power where sovereignty rests,
with the people. Yet State Government
is forced upon the people of Kansas by
the Lecompton Constitution, and not
against it. But, besides the change from
Territorial to State Government, which
the people alone have right to make, in
framing a State Constitution there are
many other mOmentous questions includ-
ed in that instrument. 1t involves all
the powers of State Government. There
are the bill of rights-the Magma Charta
of the liberties of a free people-tbe leg
islative, executive and judicial functions.
the taxing power, the elective franchise
the great question of education, the sacred
relations of husband and wife, parent and
child, guardian and ward, and all the
rights affecting life, liberty and property.
There are also the question of State debt,
of banks and paper money, and whether
they shall be permitted or prohibited. u
As all free government, as stated by MIR.
/ Jefferson, depends upon ''the consent of
the governed" how can it be known
h. IL Il.
Constitution, unless it be submitted to
their vote for ratification or rejection?
But if acquiescence can be presumed in
any case, surely it cannot be in that Of
Kansas, where so many of the delegates
violated their pledge to submit the Con-
stitution itself to vote of the people
where the delegates who signed the Con-
stitution represented scarcely one-tenth
of the people, and where nearly one half
of the counties of Territory were dis
franchised, and that by no fault of theirs.
and did not and could not give single
vote at the election of delegates to the
Convention. / have heretofore discussed
the subject mainly on the question that
Conventions are not sovereign, and cannot
IlglIlullS uldhc Ob1tc OOllS I1tullOu Altn ="
out its submission to vote of the people
for ratification or rejection. Yet, surely,
even those who differ with me on this
point must concede, especially under the
Kansas-NebrasSa act, it Is only such Con-
yentions can be called sovereign as have
been truly elected by the people, and
| represent them well. On reference, how
ever, to my address of the 10Th of Sep
tember last, on the disqualification ques-
ton, copy of which was Immediately
transmitted to you for the information Of
the President and Cabinet, it is evident
that the Lecompton Convention was not
such body. That Convention had vital,
not technical. defects in the very substance
of its organization under the Territorial
law, which could only be cured, in my
judgment, as set forth in my inaugural
and other addresses. by submission OF tho
| Constitution for the ratification of the
| people. On reference to the Territorial
law under which the Convention wa:
assembled, thirty -four regularly organizes
counties were named as election distriet'
r. = IL ii -