The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-01-21

government they may Glucose that tins great priyi
lsgethe Mrthright ID ecmsu, the gfs Of Heaven Sc
cured 10 US by the blood Of our ancesto-ought 10 be
exsehdsd to future gwueTaons and ose BE-
aY4aad % htss pou The oyuupaAa If aay fyuoyy y 1
Lnzaa &.rs g exAr ~TEorsai y0sxgs.s~1as Oh STATE
CONSTITUTION Prossdsd, That the government
tshaAhed sha be republican, and in conformity with the
consotanon
Observe any Limitation imposed by Congress. in
the formation Of constitution, upon the original
authority Of the people would not merely be irregu
lar aud Illegal but sacrleeious attack upon The pre-
negatives of Heaven, or, what is almost horrible
upon the birthright Of freemeu,
On the other hand, if we adopt the more
sentative doctrine that Territory is under the
pupilAge of Congress until admitted State,
all authority being derived from this august source
and enabling law being necessary to author
izo the framing of constitution preparatory TO
admission as a State--we say, if this doctrine is
adopted stiIl other enabling law is
cessary for Kansas; the original organic act of
the Territory having expressly granted that power
in terms. The grant, too, the more sacred
and binding from the fact Of its having assumed
the nature of solemn compact of compromise
between two great sections of the Union, and
contained the express stipulation that the people
of Kansas, in exercising the powers il granted,
should be subject to no limitation or condition
whatever "oaiy the constitution of the United
States
The authority TO frame constitution having thus
been conferred by Congress in the organic act of Kan
sas it is only necessary Tor to recapitulae the pro-
ceedings that taken by the Territory, in pursu-
Of this power, TO show that the Lecompton con-
sttution which is the result Of the only legal and regu
lar steps that have been taken in that behalf is
the only instrument which Congress recognise as
legal and legitimate. The Kansas-Nebraska act pro-
hibited Congress, have seen, from interfering
in the domestic affairs of Kansas, and provided that
the people Of the Territory should be left perfectly
free To form their domestic institutions in their
way--the Legislative history of the act showing it to
have been contemplated that this might be done by
representatives chosen for the purpose. The legis
Iature Of Kansas, which met next after the passage
of the act as we showed yesterday accordingly pro
vided that in October 1856 at the general election
of the Territory the people should vote upon the
proposition, whether convention for forming
stituton should be called not. The people of the
Territory at this election decided by large majority
that convention should be called The next sue
ceeding territorial legisature-that of ls5657-
in pursuance Of this vote, enacted law providing
for census of the people and registry Of voters,
and for the election Of convention. The provisions
Of this law were complied with and convention
elected The convention assembled framed
sttution and in the exercise of customary discre-
ton decided to submit the leading question of
troversy imbodied in the instrument-that Of sa-
very--to the decision of the people Thus the pro-
ceedings from beginning to end have been pursuant
TO law They the only proceedings looking to the
formation of constitution which have been pursuant
to law. The forms have been regular, authoritative,
customary legal constitutional. Whatever irregu-
arties in detail or abuses In the execution OF par
ticular and minor provisions occurred if any occur
red have been such as only the local authorities
could take cognizance of and correct.
Such is the which is about to be presented to
Congress in the application of Kansas into the Union
under the Lecompton constitution twill be cues
ton between law and faction. II viii be question
whether legal forms shall be respected and OBJ
served in political procedure, whether they shall
be wantonly violated and CONTEMPORARY set at de-
fancs. 1t will be question between legitimate
balot-box and spurious question whether peace,
order and law shall be upheld by Congress, riot
treason and rebellion