New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-03-11
TINE lEcouproN CONSTITUTION ALL RIGHT.

vpderstood the Senator from illinois Mr.. Douglas TO
say that the question Of the reception Of the Lecomp
con Constitution was narrowed down TO single poiut
That point was whether that Constitution embodied
the VIII OF the people Of Kansas. Am correct
Mr.. DouoLAs-rhe Senator s correct, with this
qualification ! could waive the rregularty and agree
- the reception OF Kansas into the Union under the
LecomptOn Constitution, provided was satisfied that
was the act and deed Of that people, and embodied
Sherw will. There are other objections; but the others
] could overcome, if tbs point were disposed Of
Mr.. HsHsoSD-I 80 understood the Senator. un-
SeMeod that if he could be satisfied that this Consttu
ton embodied the will Of the people Of Kansas, oil
ether defects and irregularities would be cured by the
sct Of Congress- and that be himself would be willing
10 permit such an act 10 be passed.
Now, Sir, the only question with him is, how il that
viii to be ascertaned and upon that point, and that
alone, it s probable shall differ. think the SEN
escr fell into fundamental in his report dissent
6g from the report Of the majority of the Territorial
Committee, III saying that the Convention which
framed this Constitution was creature OF the Terrific
nal Legislature; and from that error has probably
arisen all his subsequent this subject. How
can be possible that the Convention should be the
creature Of a Territorial Legislature The COnven-
ton was an assembly Of the people in their highest
sovereign capacity, about TO perform their highest pos
sibie act Of sovereignty. The Territorial Legislature
isamere provisional Government; petty corporation
States, without particle of sovereign power; and
Yet, shall that interfere with a sOveregnty-incO-
hate, but still a sovereignty Why, Sir, Congress
cannot Interfere Congress cannot confer the Terri
tOrel Legislature the power 10 interfere. Congress IS
not sovereign. Congress has sovereign powers, but
sovereignty. Congress has power TO act outside
Of the limitations Of the ConsttutOn-no right to
carry into effect the supreme Will of any people il
bas not been expressed in their Constitution; and,
therefore, Congress Is not sovereign.
Nor does Congress hold the sovereignty of Kansas.
Of Kansas eidesa
where with the sovereign States of this Union. They
have conferred upon Congress among other powers,
the authority Of adu mastering their sovereignty TO
their satisfaction. They have given Congress the
power 10 make needful rules and regulations regarding
she Territory; and they have given Congress power
TO admit State. Under these two sovereign powers
Congress may first establish provisional Territorial |
government merely for municipal purposes; and when
q State has grown into sOvereignty-when that sove
Yeignty which has been kept in allegiance demands
eogDton-when community is formed there, social |
compact created, sovereignty born as it were, upon
the soil-then Congress Is gifted with the power 10
acknowledge that sovereignty, and the Legislature,
only by mere usage, oentimes neglected, assists al
Abe birth of it by passing precedent resolution
sem bling convention. |
But, Sir, when that convention assemblies to form
q constitution, it assemblies in the highest known ca
pacity of o people, and has superior in this Gov
eminent but State sovereignty, or rather the Sate
gnties of all the States alone do anything
with the act OF that convention. Then if that con-
penton lawful, If there s no objection to the
convention ITSELF there can be no objection to the
action Of the convention; and there il no power on
earth that has right to inquire whether the cOnven
ton represented the will of the people of Kansas or
not. i do not doubt that there might be some cases
Of such gross and papable frauds committed in the |
formation Of a convention as might authorize Con-
Sress to investigate them, but / can scarcely con
ceve Of any; and / do not think that Congress has
sny other power when a State knocks at the door /
for admission, but TO inquire if her constitution is
publican.
If what have said be correct then the will of the
people OF Kansas to be found in the act of her Con-
stitutional Convention, and it is not safe to look for
anywhere else immaterisl whether it is the wall
OF majority Of the people OF Kansas now, or not
The Convention was, or ought to have been, elected
by majority of the people OF Kansas. Convention,
elected In April, may well frame Constitution that
would not be agreeable to majority of State,
rapidly filing up, in the succeeding January and If
Legislatures 10 be allowed to put to vote the
acts of Convention, and have them beaten down by
a subsequent influx Of emigrants, there is fnay.
If you to send back the Lecompton Constitution
and another was TO be framed, in the slow way in
which we do public business here, before it would
reach Congress IN another year perhaps the majority
would be turned the other way
Sir, whenever you go outside of the regular forms
al law and constitution to seek for the will of the
people, you wandering in Wilderness wilder.
meas Of tnorns Ii this minority Constitution,
do not know that that would be an objection to it.
Consultations made for minorities Perhaps mino
ities ought 10 have the right to make constitutions
for they are administered by msjores. The Consti
sutiou Of this Union made by a minority, and as
late 1870 minority had il in Their hands, and could
the twenysx States of the Union held the numerical
majority.
POPULAR sovEIGNTY A HUMBUG.
The Senator from Illinois has, upon his view OF the
Iecompton Constitution and the present situation Of
affairs in Kansas raised the cry Of Popu ar SOve-
reigpty. The Senator from New-York Mr.. Seward
yesterday made himself acetious about II. aud called
Il "Saustter Sovereignty" There is Popular Soye-
reicnty which is the basis of our Government and I
am unwilling that the Senator should have the benefit
Of uniting Squatter Sovereignty with Popular SOve-
reicn.y Sir in all countries and in all time, it well
understood that the numerical majority OF the people
could if they chose, exercise the sovereign OF toe
country; but for want Of intelligence and for want OF
Leaders, they have yet been able successfully to
combine and form popular government. They have
often attempted II; but il has always turned out, ill.,
stead OF popular sovereignty a populOus sOve-
seigbty, and demagoguee placing themselves upon
the movement, have invariably led them into military
despotsm.
think that the popular sovereignty which the SEN
ator from Illinois would derive from the acts Of the
Territorial Legislature, and from the information re-
ceived IRON parissns and partisan presses would LEAD
Ne directly into popnous sovereignty, aud no. popular
sovereignty The first organization of popular sove-
reigpty proper basis took place in this country
The first gun Of the Revolution was a salute TO new
organization Of popular sovereignty that was embodied
In the Declaration Of Independence DEVELOPED elabo
rated and nsug v-sed forever IN the Constitution of
the United States and the true pillars of il were rem
resentation and the ballot box, the legal aud constt
tona ballot box ordained by the people In the dyi-
sion of power, in distributing the sovereign powers
among the various departments OF the Government he
teope retained for themselves the single power OF the
ballot box; and great power II was. Through that
poyer they were sbe 10 control all the departments of
the GOV ernment IL was not ior the people 10 be
e.cising political power IN detul Il was not FOR them
to be Cd win the OF government Lut, rom
fine 10 tine through the ballot box, 20 exert their
power TO cohin the whole Ors,a0ization, ana so'e-