The daily Butte record., 1858-03-24
Letter From senator Do.xl...

WAsHIsorox CRY, February Q, 1858.
vEILkhEs regret that my public duties hefe
with The Democracy Of ihiisdelphia In ths,r ds-
monsrAtion against the proportion to IMPOSE q
consultation upon the people Of Kansas against
their will.
Thatths J.eeompton OonstItutioni, not the act
OF Vie people Of Kansas. and that it does NOT en-
BODY the popular wilt Of thas Territory Ia now con-
esaslseiy and andeniably established By vote Of
.ne people taken at fair election held on the 4th
Gay OF Jannary, 1855, in pursuance of aIaw passed
gress
The idea that the Lecomp.on convep.ion clothed
with no other authority than that which II derive
from the Territorial Legislature, could or1ain
Consttution and put 1t 10 force without the consent
Iopgress ana IN defiance and subverjon of the
aothority OF the Territorial Legislature established
oy congress - too preposterous to admit Of argu-
ment Under our political system 1t requires sove-
reign power 10 ordain and establish Constitutions
and Governments. While territory may a nd should
enjoy all the rights OF self-governmsnt in obedi-
ence to its organic Law, Il not sovereign power
The sovereignty ofa Territory remains in abeyance
suspended In the United States In trust for the peo
pie when they become State and cannot be with
drawn from the hands OF the trustee and vested in
the people OF Territory, without the consent Of
Congress the last Congress having withheld this
assent by refusing to pass the bill by
to authorize the people OF Kansas -
form Constitution and State Government when
they shouid desire It and have the requisite popula
tion the sevsreiy yDty of Kansas still remains In
abeyance without any authority of the Territorial
legislature to transfer from the United states and
vest Ia the people Of the Territory without the
sent Of Congress. TH
Hence, repeat, the Lecompton Convention pos
sessed just authority as the Territorial Legis-
iature was competent to confer, and, by the terms
OF the act did confer upon 1t, and no more
The Territorial Legi islaturs did not sndow tho
Convention with sovereignty for IT had none to i'm
part IL d Id not even be,tow the power of Legisa-
tion, for by the organic act it vested with the
legislative power OF the Territory without the right
to delegate it to Convention Of its own creation
Hence the Lecompton Convention only po ossessed the
authority, derived from the Legislature, to collect
ascertain and embody the will Of the people Of the
Territory upon the subject of admission into the
Union, and to send the same as a memorial to Con-
gress under the clause ef the Constitution of the
United states which secures the right peaceably to
assemble ana petition for . redress Of grievances.
Suca memorial, even IL it embod ed the form of a
State Constitution, Congress would be at liberty to
accept or reject accord ing IL fairly represents or
misrepresents the viii OF the people ofthe proposed
State,
The Territorial Legislature just elected by the
voice and votes OF the people OF Kansas. believing
th's Lecompton memorial or Constitution to bea
fraud upon the Wishes and rights of the people of
Kansas, assembled and passed law submitting the
instrument TO fair vote of the people the 4th of
January last, at which election majority of more
than ten thousand votes was recorded against it.
with whatshow of justice or fairness can il be
centended, in the face of this vote that the people
OF Kansas do not, and have not 10 the most solemn
manner known to the lawsJ repud la ted the Lecomp-
ton Constitution as wicked fraud upon their rights
and wishes.
The enormity of this Lecomptop scheme should
not be concealed undcr the plea that the Convention
declared The Constitution to se in force, the
damental law of Kansas, without submission to the
people except the slavery articiel and that. COM
sequenty the authority of the Territoris al Legisla-
tufe was superseded on the cit OF December last
The Convention had no lawful authority to super
cede the organic act Of the Territory, by establish
ing State Constitution without the consent OF
Congress. The attempt was not only unla full. but
IN hal lion ovan 90
lawful authority OF the United States. The power
OF tbe rsrriterial Legislature was complete on
the i1th day OF December last, when it passed the
law submitting the Lecompton Constitution to the
vute OF the people. as IL was the 18th OF February
1901 when 1t passed the act calling the Lecompton
Convention.
As the Convention possessed no power, except what
il received from the Leg isature it could do no act
subvertins or imparing tho authority of the Legis
lature.
Hence the act Of the Legislature submitting the
whole Constitution Ia the vote Of this people, was
just asvalid AMI binding upon tho 'ubject matter as
the act OF the same Legislature calling the
ton into existence
The conclusion Is inevitable, that the Lecompton
Constitution does not, and never did possess any vi
tality or authority. for two frst, the Con-
vention. not being vested with sovereign po ower
could not put II In operation and second that the
same legislative authority which called the Conven-
tion into existence passed Law, before the Const
tu.ion was To have taken effect by its own terms
for its submisson to the people, and provided that
majority OF the votes should be cast against IL at
that election, was to be null and void, not only
a Constitutions, but even as a memorial to Congress
We are therefore, forced irresistably to- the CON
cluSion W 4 the Locompton Constitution. whether
viewed ia legal and technical sense, or n mem
oral processing to embody the popular will of Kan
'as, should be repud,ated by every Democrat who
che ishes the time s-honored principle Of his party
aud is determined in good faith to carry out the
iocrine of 'slfgovernment and popular sovereignty
Is guaranteed in the Kansas Nebraska act, and at.
irmed by the Cincinnati platform.
l have the homer to be ~ tf'b
Your obedent servant,
s. A. DOUGLAS.