The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-05

ol New foik. suppose the people 0f TINS stale should
call convention 10 rnme constitution aud should not
direct hen " submit TO Lhe people They 90 on and
taue constitution and put il 10 operation ani the Go
werner under the old constitution holds Thst
where YOU may apply ~ the President - put down DO
n"sc msurrecton Does any body doubt that he would
be bound 10 sustain the Governor in that case, and
that lie would be boDnd put down the old Governor who
S.hea TO hold over on the ground that The constitution
qursd the constitution Of the Un,sd States Is IN voved
Iba never was admitted TO the people 70 this day, and
we hav. lived under II ever since i1ss (Appause mat
the veregn Constitution of all Of tbsn and " his day
tnever was submitted u direct Of the e,pe-not
wen by saes was adofted by convention elected
py 'be people IN each OF the different Sate and
submitted How preposterous then " IL TO assume AZ
they do, that constuton must submitted the pso-
But, fellow citizens, Gov. Wise, who has been kind
enough 10 address The democracy OF New York
through letter directed 10 Tammany Hail. and the
democracy Of Pennsylvania u Iough TO Col Forney
PHILADELPHIA tells us that true tha. the
bad perfect rover TO make constitution, but they
submitted portion OF 1t To the people IN an improper,
and, as he says dishonest way, therefore II " Invalid
What The Convention having power 70 frame constu-
ton do frame the submit to tho people the right To
change a part Of I, the people do not change II,
and tnat sane constitution, thus made by the Con-
vent'on, without crossing or do,tDg an !, Is
sent TO Washington and because this informal
process, which amounted 10 nothing, has been gone
through, Governor Wise thinks the whole constitu-
uon IL Invalid. In my humble judgment what place
having pac cal effect has just about much bearing
upon The constitution If had been sent TO Washington
around by Iowa. instead of coming through 81 LOUIS on
ts route 70 the capital But Governor Wise puts pro-
positions TO Col Fornoy, which he importan. in
determining the validhy OF this onstiutou. He asks
fret Ia tho constitution the act Of the peopeY and second
is II republican, Now submit to yol with great
spect that both these questions be answered in tho
affirmative. 1t IL the action OF the people made by
their regular delegates; it is repu olican in its form
But | am prepared 10 show to you that II they
both Epswored in the negative, would not alter
a single particular the duty OF Congress. And row mus
ask OF you 20 bear with m1men. while read two
simple prov Of the Constitution the United satet
bearing upon this point say by the terms Of the No
brSka bill the people OF Kansas had granted 10 them b.
CoDg ress toe right To form themselves iDto a State.
say that temporary government was provided for them
10 the meantime of territorial form Their boundaries
were fixed, and contract entered into by the Ne
bra ka bill IN terms ba having formed themselves into
STATE, thfy should be az rttsd into tue UnOn with
without slavery, their people might &c .crnine. And
Say that superadded the Nsbr sska bill which bound
all parties the democratic platform laid Cincin-
rs vas An express agreement to the same enect-hat
they shout be adnitted with or, without slavery as
they me 1t determine when they formed
state say that by the terms OF the treaty Of Lou
bana they were entitled to the privilege, aud that
the man who Teses the application Of Kansas to be
admitted into the Union violates the Nebraska law vio
dorn at Cincinnati and 10 tho pledges by the de-
mocratc party in bis name and in his behalf Zap
plause) So far from coming here 10 show that
we do not live up to the party obligations, I
ray that any democrat who refuses 10 supp tho
PARTY obligations, Lam able 10 comprehend what those
Obligations are, and false 10 the plain terms OF the Ne
braka bill, which is the law of the land Il understand
the signihcation Of those plain terms Nov let
what Congress are 10 do; because when these gentlemen
in Ohio and Indiana resolve about tho rights Of the people
OF Kansas you would suppose that they were the people
Of kansas instead OF the people OF Ohio and Indiana
that they To protect the rights Of those people, That
question wholly distinct from the power Of Congress
The duty OF Congress plain and simple II s laid down
IN two lines ana l will read 10 you what they Con-
sutiou, article section subdivision !. "New States
may admitted by Congress into the Union but no bew
state shall be formed out Of existing states &C " Now
the whole duty OF Congress TO admit ne Suites and in
the first place say that Kansas In q State made
under the Nebraska bill by full authority given u
the people Of Kansas under that bill to franc
themselves into a State and that II would be tho duty
OF Congress TO admit that State, even n she had 10
constitution at all. There nothing this provision
about constitution. would be the duty Of Congress 70
admt her, II even her constitution form Of govern
ment was not republican. let "New SAies may
Congress Isay thai she had DO constitution si all she
| could be amtied and roman in tho Union. Why Great
Britain u state she has no constitution France is q
abroad. Let us come homo. Rhode Island came into
the Union without 2 constitution, and was in y ntsy
H.; but a. distinguished gentlemen OF Missouri sad al"
had boy la my oflce that did not know the difference
between royal charter and consultation would have
lived more niy years with royal sh.Isor. end all
made ui about Is.o. Now Let me READ you the
provision about state h.nS repuol,can in form, and
duty 70 perform. Article 4, section l-"The United
States shall guarantee W every State In this Union re-
an On sss @ each Of
,ure, or Of u 4cutive when the Legislature cannot bc
convened, aga6N domestic violence. 1t seems 70 be a
state that s admitted. II Kansas Dot State Con
sress could not admit her. They cannot admit Territory
or inchoatc state. They can init State and when "a
Coperessbspns, which 10 guarantee them republican
form OF government What IA a republican form of gov
erpmeDt question that has been great deal discussed
have shown you not necessary that st.te should
have Constitution Al all In order 70 have republican
sixty years without one. a yoice-"h N . state, srv
IAuebter You will thus exceedingly whole
controversy is narrowed II Congress would connne H.
self to ts own business and let the people Of Kansas
fine themselves 10 theirs you would lind that this whole
subject would pass s~ay with the occasion that gAve
rise, and kanaas be admitted into the Union and form H.
eef nte free state Now word the objection.
The objection that the people the sh Of January
voted against the constitution Ou the 9th Of Jsnury
a vote taken, under the order Of tho Territorial
legislature IN which the people allowed N for
vote Tor state ocers for members Of the legislature and
for q member cf Congress. Now, what c,d they do3
Why, 1900 Of them voted for The state ON ,ers and
10,t COO voted against the constitution. Well vhu then
The constitution perfect By the proceedings Of the
Convention and the vote Of the 21ss OF Deoember. Tho
wAs, whether they would organize under and choose
State oeersf and they determined that they would and
not that acquescerce IN the constructor Was mot that
putting into operationf Was not that Organizing tho
stuon and two or three hundred for H. What docs tkas
provei Il proves that there are that number OF people
against the constitution Well, ! am glad OF H. am
Col Foruey about ~ being unimpor'ant whether is
free state or not think u s important should DO
hee state, and am glad 10 see by this vote strong
indication tha, very considerable number of the p-c-
pie, probably majority, are opposed 10 the oonsttu-
invalidi suppose our Ies'ssiure 70 morrow snould
authorize vote upon the present constitution for or
against IT, and majority OF hundred thousand should
against it, would that sutborize ~ Clearly 10
would be declaration that they desired changed In
due form. q notification 70 Congress, you please,
that after they into the Union they intend change
the constitution. II wholly immaisrial whether the
1000 who voted against the constitution part Of tho
1900. they then OF the 10 600 who pot the gov
erpmept In motion 600 desire that the constu, ON
should be changed n they not Q part, then ma
jory OF 5000 In favor Of Organizing the government
against those who opposed 70 organizing the govern
ment under the constitution In any view that you can
take OF n, that vote Ia wholly unmportant Il is i'm
parant q notification 10 Congress Of what they W
DO bub does not affect the constitution jot ono
hair 90, too, 10 the frauds. II u said great frauds
were committed At the election think highly pfoos-
bic ] will sign statement, II CoL Harris, With his
investigating commitfee-sn active democrat, who
might be in much better buiness-wil only teH
what he would desire u prove N regard 70 bo
frauds In Kansas win agree 10 admit for the pur.