Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-04-13

The enemies Of this measure, Of this po1ey, AZ
the South we're too few sad feeble to deserve notiee
for the whole array Of opposition came from the
North. Those Of the Democratic party who see TT
to differ with the Presdentin his Kansas policy,
contend that they do not, by 90 differing, oppose
the great principles Of the Kansas and Nebraska
act: but that they the only true upholders-de-
tenders of that faith-the indicators of that pou-
cy The Republican party, opposed to the Whole
measure, TO the doctrine to the principles OF the
Kansas and Nebraska act toto eelo the anti Admin
isration Democracy eOntending atthe same time that
they and they only represent the doctrine in all its
prestine purity and yet they stand together uni
ted, party, far as this question IS concerned
Here, we have presented the political anomaly Of
parties standing agreed upon measure-the one
swearing hostility to it. and the other claiming to be
its orthodox advocates and expOunders. Each
started travelling in exactly different and opposite
directions and have continued travelling and yet
have come together. How can this be If the Ike
publican party true to their original faith IN op
position 10 the fundamental principles Of the Kan
sas and Nebraska act and stand firm upon them
and believe they dO-and the nti-Adminlstration
Democrats stand firm on their original faith IN sup
port of the fundamental principles Of that act, as
they say they do, then how comes 1t that they are
agreed-stand together, fight together and fall to-
gether too upon this question: The one party, who
have all along been alien enemies Of the measure,
and boastiDg too in that enmity and the other still
stronger Boosting in their loyalty to them-noW
united.
Who have been the fercest enemies of this con-
stitution in Kansas? Are they not those who have
made open and rebelliOus upon the Constitution
Of the country, the rights of the people, and the
laws of the land? Have they not, in open dehanoe
Of all law and order with heart regardless Of all
social duty and fatally bent upon mischief, lighted
up the torch of civil war IN their own distracted
borders and Wcll-nigh throughout the land? Is
this the company our friends are found in! know
4Lo do Fao Lat hon I hat
from hat quarter sounds not pleasing TO their ears.
But let US look little INTO this question, and see
who have departed from the great cardinal doctrines
inaugurated by that policy, they or We who stand
by the Administration. They say that popular SOW
ereignty has been violated because the constitution
not, in all its parts submitted to the people
What is popular sovereignty? 1t is the supreme
power Of the people. What people? Why, the peo-
pie Of Kansas Power to do what? In the language
Of the act from which they got their power to act at
al in the premises it was to be perfectly free t9
form and regulate their domestic institutions in their
own way, subject only to the Constitution OF the
United States" Have the people of Kansas been
thus free to do this thingS Have they had an OPP
portunty to form and regulate their institutions IN
their own way?
In the first place, then what is meant by spec
ple!" Who we're the people who we've thus left free
to form their institutions Why, they we're that
organized body of persons who composed the COM
munIty of Kansas-organized body, legally organ
lied body-nOt the laHless, not the rabble, not the
revolutionary, who we're doing everything to sub
vert the free expression of the popular VIII; they
were that organized body Of persons who acted
through the legally expressed will of majority
Why the Cincinnati platform itself says that the
people of q Territory are those in Territory who
act through the legally expressed will Of majority
not the reckless redrepuboan rabble will express
ed without law, forms Of law, but the legally eX-
pressed will Expressed how? Expressed where
II ID rrh fhn
ballot-box at the times and places legally appoint
ed for that purpose not at those times and places
appointed by IA iFrespOsible and Illegal unconsti-
tutiOnal power, but appointed by law, and those
having authority under the law. When and where
ask, has been expressed, legally expressed, any
will Of majority Of the people Of Kansas, prepare
tory TO the formation Of any constitution but the
Lecompton constitution When and where, except
at the poll taken first to know whether or not they
would call q convention; then to elect delegates TO
that conventions then to carry out the will of that
convention? Have not all these separate and dis
tinct acts Of the people Of Kansas been aeknOWl-
edged legal by the oppOsers Of the Lecomp
ton constitution? We're they not recognized by
Governor Walker! In his letter to the Secretary
of State, of the 18th of July, 1857, he says:
early in July proceeded to Paol, town in
Kansas, situate fifty miles south Of Leeompton,
where the land sales were then progressing, Avery
large crowd, not less than one thousand assembled
to hear my address, when the views heretofore
pressed by me, substantially, we're again repeated
was answered by one Of their faVOrite orators, Of
the name Of Foster, who, among other things accu-
sed the President Of the United States Of great in
consistency in opposing the Topeka movement, when
it was we'll known that he had advocated the admis
sion of Michigan as a State, in 1885, under what he
FOster,) claimed to be proceedings similar to those
at Topeka. Most fortunately had participated, as
Senator of the United States, in the admission of
Michigan, and was enabled to explain the matter
satisfactorily to the people. showed them that, in
the case of Michigan the Terri Orial Legislature
we're clothed by Congress with authority to as
semble a constitutional convention and adopt a
State constitutions but that, under the comprehen-
sve language of the Kansas and Nebraska bill, the
Territorial Legislature clothed with such author
ity by the laws of Congress- and that the authority
Of such a convention to submit the constitution TO
the vote Of the people, as clear and certain as
that of Congress ITSELF and that opposition TO such
proceeding was equivalent to opposing the laws of
Congress"
They were recognise by Gov Walker, by Mr..
Secretary Stanton, and by the distinguished author
of the Kansas and Nebraska act, as shown in his
Springfield speech, June r. few days before the
assembling of the convention, when he said ''thst
Kansas was about to speak for herself through her
delegates, assembled in convention to form a con-
stituton preparatory to her admission into the
Union. The law under which her delegates are
about to be elected is believed TO be just and fair in
Kansas was about to speak through her delegates;
nobody then thought of her speaking in any other
way than through her delegates. Well, that is the
way she did speak upon all other questions except
the alabsOrbing question Of slavery; and upon that
she subsequently spoke through the people, as well
as through her delegates.
By what authority, by what law, or semblance of
law, has any other step been taken by the people Of
Kansas towards the formation Of any other cOnsti
tuition? Then what this people free to do. Why,
first to form constitution. with without slavery.
What is meant by forming a constitution! Form, to
make, to create, to establish to combine in parti-
cUlar manner: the people acting through the legally
expressed will Of their majority were to do this
How were they to do it? How could they do it
Will it be for a moment contended that the whole
people in body, mass in one grand assemblsge,
were to meet together and themselves to form con-
sttutiOn? This thing would be impracticsble. 1t is
prepOsterOus It could not be done. The very
language of the BILL backed as it is by the Cinoin-
natl platform, proves that it not intended that
the mass-the people is one grand mass meeting
we're to make or form this constitution. Who, then,
could do it! By what human power could it possibly
be accomplished but by and through the delegates,
the legally and cOnstitutOnsly appointed represen-
tatves of that people? How else have our consti- |
tutiOns ever been formed? This is the great dis
tnguishng and characteristic feature between our
Government and the Republics of former times |
those Republics, both ancient and modern, which |
llNtu anu uOuElsubu only lOE d s6d5Ou Oufb Is 3 |
Government where the legally expressed will of a |
majority Of qualified voters controls and governs,
and maks the law. That will acts through the |
legally constituted and appointed delegates and |
Of that people 1t is the firm and |
enduring rock upon which the stability of our Re- |
public is based. The uncontrolled and UncOntroll- |
able will of the great body of the peOple--and |
especially unauthorized body-Eas of the chief /
elements of the dissolution, destruction and down.
fall of other Republics.
But, even had there been any other way; had |
some miraculous, superhumsn power pointed out to |
the people Of Kansas some other mode and manner, /
some 'Other way, than that adopted by them, by |
which they had formed their constitution, and the
had chosen that way, then that would have been the
right way. Any way that they saw ht, according
to the COnstitu ion and laws TO manifest their will
touching this great question of sovereign right,
would have been, because of their making it their
own way; the only proper and legitimate way, and
the only one which Congress could recognize. Did |
not the people Of Kansas, then, first, at the very
threshold, in the inception of the exercise of this
sovereign power towards the organization and put
ting into being State government, enact that at
the first general election, held in October 1856,
poll should be opened at which every qualified voter
in the Territory should have the privilege Of saying
YhptheT a COnvnntiOn shou1d hao al |