The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-01-07

ereignty reserved to tie people Of each State
by the Federal Constitution. IL il hail de-
prived them, or Congress should now deprive
them, OF the right Of voting for or sgains:
their State Constitution.
The President in his message, thinks that
the rights secnred by this bill TO the people,
in acting upon their State Constitution, are
confined TO the slavery question; but think,
as shown in my address, before quoted, that
" sovereignty is the power that makes Con
stitutions and Governments" and that not
only the slavery clause in Q State Constitu.
ton, but all Others, must be submitted.
The President thinks that sovereignty
can be delegated, at least in part. think
sovereignty cannot be delegated at ALL
The President believes that sovereignty il
divislbe between conventions and the PEG.
pie, To he exercised by the former on all sub
jects but slavery, and by the latter only on
that question. Whereas, | think that SOW
ereignty is ''inalenable." "indivisible" "a
unit incapable Of partition" aud that 1t
cannot be delegated in whole or in part. 1t
will not be- denied that sovereignty ia the
only power that can make State Constitu-
ton, and that it rests exclusively with the
people and il it IL inalcnable, and cannot
be delegated "a have shown then il can
only be exercised by the people themselves.
Under our government, we know no soye-
rcigns bat the people. Conventions arr
composed Of delegates they ARE mere
agents or trustees, exercising not sovereign
but delegated power, and the people are
the principals. The power delegated 10 such
.c"nyen!iaus- caa Hro..erly only ex'essI TO the
framing OF the constitution; but it, ratlf-
cation or rejection can only be performed
by the power where sovereignty alone rests
-namcly, the people themselves. We must
not conlonnd sovereign with delegated pow.
crs. The provisional authority OF IA conven
ton 70 frame constitution and submit, it to
the people is Il delegated power; but sove.
rtignty aloue, which rests exclusively with
the people, can ratiiy and put in force that
constitution. And this is the true doctrine
Of popular sovereignty and know OF no
such thing, nor does the Federal Consttu.
ton recognize II, Us delegated or conyen-
tional sovereignty.
The President, in u verv lucid passage OF
his able message, gives unanswerable reasons
why the people aud not conventions should
decide the question OF slavery in forming II
state Constitution, He says, very truly
that from the necessary division Of the incho-
ate State into districts, II majority OF the
delegates may think one way and the people
another; and that the delegates las was the
case IN Kansas may violate their pledges
or fail To execute the will Of the people
And why does not this reasoning apply with
equal force to all other great questions EN-
bodied IN the State Constitution and why
should the quests ION u slavery alone override
and extingulsh the doctrine Of popular SOW
ereiguty and the right Of self government
Most unfortunately. this is no sectional
question, for it belongs alike to the States
admitted or lnchoate, Of the South as of the
North. II is not question Of slavery. but
Of State rights. and OF State and popular
sovereignty, and my objections to the Le-
compton Constitution are equally strong.
whether X ansas, under its provisions, should
be made free or slave State. My objecr
tons are based upon violation Of the RICH
OF selfgovcrnment, and OF state and pOpulat
sovereignty. and of forcing any constitution
upon the people against their will. whether
il recognized freedom or slavery. Indeed,
the first question which the people ought to
decide, in forming Government for an in
choatc State, is whether they will change
or not from Territorial TO State Govern
ment.
Now. IA no one, who with me denies Fed
eral or Territorial sovereignty, will contend
that Territorial Legislature represents
sovereignty. or that such u legislature, a
mere creation of Congress. can transfer soy.
creignty which II dos not possess to Ter
rltorial Convention. This ch ,nge from
Territorial to State government can only
he made 10y the power where sovereignty
rests namely, the people. Yet State
government ia forced upon the people OF
X ansas by the Lecompton Constitution.
whether they will or not, for they can only
vote Tor the Constitution, and no. against
H. Rut besides the change from Terrific
rial 10 State government. which the pso-
pie alone have the right To make in framing
State Constitution. there are many mo
mrutous quest lon| included in that instru.
ment. 1t involves all the powers of state
government, There is the bill OF Rights.
the Magma Charta OF the liberties OF free
people, the legislative executive and Judi
cial functions, the taxing power. the elective
franchise the great question Il education,
the sacred relations OF husband aud wife.
parent and child. guardian and ward. and all
the rights affecting life. liberty and property.
There is also the question Of State debts. OF
hanks AMI paper money, and whether they
,shall be permitted or prohibited. As all
free governments. a. stated by Mr.. ,Ieiier-
son. in the Declaration OF Independence. de-
ponds upon the consent of the governed. -
how can il be known whether the PEOPLE
would assent 10 the Constitution unless il IS
submitted To their vote Tor ra.lGcatiou or NJ
lection
But il acquiescence can be presumed in
any csse, surely il cannot he in tina, OF Kan
sas, whcrr 80 many Of the Delegates violated
their pledge TO submit the constitution itself
10 a vote oi the people where the delegates