The Washington union., 1858-03-11


Hence thoagh il he true thai formation ca staf
constitution 10 the '-irt function of soFcregniy y
aars not follow hat thu may not ts Priornci ~ 'e
santstiycs ehoSun sa coilrl Nith iu power - aci i
the people n tbis matter Well Ia al otbefs Ie
4uiias tle eEsrsise 81 sovereign power.
Ls'gcIliE considered, there h reason Why tf
people e4Iiaot make constitution Us others c0thed with
fuI poser 70 % an tlHat fhey can this way Pu
not only their palitir but their individual eisencc in
hazard upon the iuItunes a The formation ei
constitution rcquifes trse the sovereign
power. and doe, the csulnolet AL ID lcssiatioa 4
the ltWer DO be exercised by agent rep
T-sentatipe 30 the other and sach has been tbs
uniform understanding ia t'lis country from the begin
ming ~ history The nenstitUtlan ei tle Nuitrtl
states bot ratified ~ popular vote. lE al the
States adopted y conventions chosen by tie ptp
pie and clothed with fu powers o. act ior tiiem 10
~ proy fH ta amendment il does mot enlieb.
plate any EtcatIUU tg the people through popular
vote 20 give validity % any such amendment Such
amendments to be- aCte upon by the Stale legisa
lres Ia al the old States. with eEnsption, their
rst constitutions formed and put into operation
tiruugh the ntermriatq body q a convention. Mas
aehuHet alone submitted hers " popular vote The
constitution of tbe state sd Ecnns wanna, the natiye
state 81 Governor Walker that under which he
born and reared, and uasier which thai great
AMI prosperous Commonwealth has grown up and
attained hx present high einineHcc ia wealth. power
and renO,d0 derived all its sanrtion by the people
1 through their representatives iH convention The
same is true OF Mississippi his ance adopted State
and the Is true 0f majority u the states this
Uaiou. II Gov. Walker Judgment ia tliis FarticnlaT i
Flght, then uti these Invalid
null and void and have neither constitutions
laws ia than haf sf the states o te Union This
doctrine s pFcpostereHs 1t Is fpnstfpHs It's bare
statement j. eAongh 10 congn il 10 general repudiaen
and condemnation The Uniform ia past his
tory has becn when State applies for adnlssi0n
that the sovereignty af the peope has spoken through
it, legal -calsistufrd The question: ~ submit
ting their constitution popuai not is f5f
the people and those WHOM they rlotbe with power
determine this question, well others, fur them. III
the et KIas in the FIRST AIT appended to this
port exhibit l. il provided ~ iale the 81 the
peuple upon the question Ot pr0Tlong by law tT tae
calling a a convention form q consolidation and 5g lar
dsane the poBers OK duties OF the convention Ils
will be by tlFe section G OF tho The vute
almost unanimous for the Legislature call
ton and 10 de1ne lts duties. But few votes casi
against it, This apart from the statement OF MIR Cs-
honn, app@Ts from public Documents accessible To
ala The legislature did clA convention They conla
have required thcan b submit their work 10 tlE people
This was 1aattcr their discretion but this thea
did not do This convention elected with unlimited
and peiafy pOscrs That such convention c0nld be
80 clothed 10 daubt rko IL acquainted with the
history OF similar bodies. THEY thcfrt-, h.d Gall pow
ar at their discretion, to submt the whae c2sttu-
tion formed by them any part part 81 IT, jat
ey pease fs ratiGcatian This tbe people we'll under
s0al hciore the election of delegates Ehs Governor
4 Walker rstLaIls tosd ttsm himself ia his itlaHgHIa
address he saga:
Tle .pFls tru, nriiea ~ asilr
laAh = ip' ~ s.r'a @ = pai4r s NV air5 y ~ ns
a h remed ~ snlrp arrupAle snrtian When eStonas
s TirEirai Nir'e U1dpu, herover and wlcrcvrr
e ssgel'aan ir a e Y ~ s@iat trh tis eErrlss q ~
pntSarsnry lHd sta ar-zs. sfe me' lnaaG pntr le w
lig ,rs,staD r,ai ysriupr
aaf tse Wio a had prrfel@Hd ~ 'c eirrtaa
otarrvi-c, voting he oiuna o.
iuFsctc ni rarrhy es g h ~ Wauin r"nailn " le oh
wv .,n ,a " tD,s WIZ 49,, - " $3.50 ~ ~ 80 % NM, 1r
and Ba t.s nlaier the prlic yci heve
I poSer sietaie the rFOoseiines Of ltai bosJ
81. II Il..
ton might OF might suiartit the constitution to lie
F,rrlcd by them a the people and a5 lsr
the Tseple bcns alc to delegate Pswcr author
1 others ID iabc consultation ivr them being rue as
now c1utsnded for Ivy Governor Walker il follows most
clearly from what he sBys, that such authority trd be
given even by their 5iIancc gs authority conferred
vouid bc Implied hy their alstainng irn the po On
the question M the pVcfs ~ the delegates 81 bc elected
to tte convention Nv addressed the people ri
follows
The eov.ranut esla, ahsr thc lnFrrn-tG ~iteh
rTutls psalntme caafetsn q iyi caautiH wr Ef
rrw oHassh1 aetoa y piGtt r aifi-1ibn sfa'e mo
ar uurn 1hat uct Regarded sHin fhe 'n'y test q the
qualification Ter lsgsc i snt "a lre
cuans thrr, rppa in l9 hsih the
ra be Htga y bc rrnvica fr tl ~, lg eidna u
l'rl' iiie ititm convention oabi
enHtt Ia 81 'e y III. ~ y 49, 1 Y. .t4''n y ~, tspH y
Fr auutis ti srt ds'rntio7 q1g to re'iag ihr 'at
hira las oag fghaea te l~zra Kaies
t na ae si'r t2r~ ade reails ihe E~rrr'Tg with rr
titus faei 80. qura tinoreRcs lypiel g tbs
ctr % IT. F+nJiF brhevF ti KaJs @ he rarata w ron.
unn ana ibg tgrraasii asir Nii
Here Mr Stanton clearly admits e fs power 81 the
delegates te thaea form constitution Tad in
-eli whether IL l submitted for ratification Ii
Il tfte. he xnzsss great confidence the flsFs
ing question whiGh tire slavery siessrrr would
be term submitted Ia the hSar 1df
residents ai the Territory and the firm belief that 'th
guuaGn hiitreaee should BE suhntted the deti-,on
the puoie kasRs would e admitted without deay This
II exactly what dome 10y the convention the iesti~
mauy accompanying this report shows. As o. Tire powers
ct the liTciltion howepe the iIi bui
other authority. That IL ss.eil made Nv Judge
Dou,as spriuglrId Illinois. the 18th Irue 1857
Just before Lac election af the delegates took place
Kansas, srid hc. -s shout speak for herself
through her delegates assembled IN convention form
consultation preparatory her admission
elaa footing with lhe Original States Peace and
prosperity prevail throughout her brrgeH The ap
under which her delegate, about he eletad u he
ere To- be rt and faF All us a,ects and provisions.
There u every 60 hope and believe that the law
wil be hry interpreted and mparally executed as
insure to every bG1a fdc ahRifant the free and quiet
exercise ot the elective franchise II any portion OF the
inhabitants acting under the advice political luadcrs
distant States shall cbooe e. absent themselves from
the polls and wTthhoId their vtss with view of leavu
the iree-sttte democrats IN minority and thus securing
presasrv constitution in opposition snet of .
nnoriiy Of the people living under it, l,t tc RESPONSE
dlity rest upon those who Cor pufsnu purposes will
sacrifice the principles Lhey prafsss cherish and pro-
mote. Upon them, and upon the politicul party i,r
wtcac benefit and under the direction ri yehtse headers
they act LET the blame I've visited f fastening tlan tie
ppne State institutions Tepngnat ls,rir isal-
i,s and vipatian 1i their Wishes The erraHir aef
asrlree the people Kansas and syslttsi,-