The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1858-02-11

| we AVAIL ourscIt OF synopsis OF this able
speech which we fird in the Daily Gate City
regretting our inability to publish It in full:
Mr.. Harlan, after some Introductory re.
marks, proceeded to state that both the Blu
chanan and Douglas sections Of the Democra.
cy claimed harmonious attachment to the
principles Of the Nebraska bill, the right Of
the people to regulate their own institutions,
yet il Is an acknowledged and notable fact that
Mr.. Buchanan's theory establishes slavery in
Kansas, while Mr.. Douglas policy would
effectnally exclude II.
The Presi lent does not ceny the right Of
the people to act in the premises, but he
claims that the people have acted through
their delegates. and established slave con-
stItution. II the premises Of the President are
correct. his conclusions are right. For il is
the usual course in this country for the people
to clothe their delegates and Representatives
with power to act Tor them in the matter OF
framing constitutions, enacting laws, execu-
ting those laws. and adjudicating upon the
rights Of parties under tn. laws. So that, uni.
formly, constitutions have been framed BY
delegates, and laws have been made BY repre-.
sentatives Of the people, while those laws have
been carried into effect by executive officers,
and interpreted and applied by judges, for and
in the name OF the people.
Have the people Of Kansas the mower, by
any instrumentality, to make a constitution?
Does the squa,ter sovereignty principle Of the
Kansas. Nebraska act give them that right p
Upon this point the two sections OF the Dem
ocracy differ. Mr.. Douglas, singula rly
enough, claims that the people of Kansas had
no power, no legal right to initiate measures
for the formation Of state government
Here he quoted Mr.. Douglas, who says that
the Legislature of Kansas possesses only such
power Of legislation as is given by the organic
act, and that power is precisely the same as
was vested In the Legislature Of Arkansas
And he supported his opinion a. to the power
Of the Legislature, by quoting the official opin-
ion of Attorney General Butler, who distinct
ly denied the power Of providing for the hold
ing of constitutional convention and FOR elect
ing members thereof to the Legislature Of Ar
kansas.
Senator Douglas is at fault in overlooking
the fact, that BY the organic act Of Arkansas
no law had any validity, till it received the
sanction of Congress, so that the people Of
Kansas had no sovereign right to regulate
their own institutions in their own way, and
the refore. the opinion Of Butler, which nigh.
have been good enough in Arkansas was not
applicable to Kansas. And so it was, in the
organic acts Of all the territories, especiable
provided that their statutes should be submit
ted for the supervision ard assent of Congress;
and thus it was that in the opinion of the At
torney General territorial Legislature. under
this supervision, could not Of their own au-
thority substitute state in place Of terrific
rial organization without the assent of Con-
gress. But in 1854 "a act Of Congress was
passed with very different features.
By the Kansas Nebraska act of that ea,
the people were endowed with squatter SOW
ereignty, and cleft perfectly free to regulate
their own institutions in their own way, sub
iecs only 10 the constitution OF the United
States" and not, as before, subject to the as
sent Of Congress. This act subvertei the
whole course and policy of the Government
Of the Uaited States ia relation 10 the terrific
ries, and. as is eiai,sel, gave the people of
Kansas full power over all matters of rightful
legislation.
Beyond all doubt the President is right in
claiming that laws preparatory to framing a
constitution and applying Tor admission as a
State, are within the rightful province Of leg
lsIation. Congress had been accustomed {,
legislate upon the subject, such legislation was
necessary in order to change the temporary
territorial form into the permanent State gov
ernment. in accordance with thestate policy Of
the country. Aud as the nonintervention pol
ICY was inangurated by the Kansas Nebraska
act, Kansas must necessarily legislate for itself
in order to pave the way for its admission as a
State into the Union.
Did the people Of Kansas. in pursuance OF
this power, authorize the creation of the L.
compton Constitution
Bott. factions of the Democracy agree that
they did The President states in hi. NESS
age that the Legislature Of Kansas enacted a
law for the election Of delegates and for hold
ing constitutional convention, and that such
convention was held under the provisions OF
the act, and that their labors resulted in the
Leeompton Constitution. This law has been
recognized by the authorities OF Kansas. and
by the President II the Uxited States, a. tn,
legal expression OF the will of the people, and
was endorsed as such by Senator D,,glas in
his Springfield speech. And it certainly does
contain every element OF legal vitality belong
ing to any other act Of that Legislature.
Did the people OF Kansas reserve the right
to reject this constitution at the polls?
The President claims that pie nary p,wer.
were conferred upon the convention. AID that
the right TO approve or reject the constitution
was not reserved to the people. AMI hence
the people agreed in advance to accept tn,
constitution and it is their voluntary act and
deed by their delegates. On this point SEM
tor Douglas joins issue with the President.
| Senator Douglas does not claim that TIL
right was reserved to the people by the terri
torial Legislature, but he insists that the or
ganic act is susceptible Of no other interpreta
ton, for it left the people perfectly free to reg
ulate their own domestic institutions in thei
| own wav This regulation of their own in iii