The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-03-11
THE WEEKLY PIONEER AND DEMOCRAT.


tive are:
"Messrs. Allen, Bayard, Bell of
Tennessee, Benjamin, Biggs, Bigler,
Bright, Broadhead, Brown, Cass,
Clay, Crittenden, Douglass, Evans,
Fitzpatrick, Geyer, Hunter, lverson,
johnson, Jones of Iowa, Mallory,
Pratt, Pugh, Reid, Scbastin, Slidell,
Stuart, Thompson of Kentucky,
Tombs, Toucey, Weller, Wright, and
Yulee.
Those who voted in the negative
are:
"Messrs. Bell of New Hampshire,
Collamer, Dodge, Durkee, Fessenden,
Foot, Foster, Hale, Seward, Trum-
bull, Wade, and Wilson.
$50 it was
"Resoired, That the bill pass, and
that the title thereof be as atorc-
said.'
From this official record, il appears
that no Senator voted against the
Enabling Act for Kansas in 1856,
who had either advocated or voted
for the X ansas-Ncbraska act in 1854 !;
while it is proper TO remark that
those Senator's who did vote against
this Enabling act, justify their oppo-
sition upon the ground that the pro-
visions of the bill, and the timo and
circumstances under which it was
proposed to press it, were not in ac-
coraanrc with their views ut pfDiic
policy and duty, aud not upon the
ground that the organic act was a
sufficient Enabling act TO authorize
the people of the Territory TO ordain
a Constitution whenever theypleased
Greater significance and Importance
are imputed to these recommends.
tons, reports and votes, in favor of
an enabling act for Kansas, in view
of the fact that u few months prcvi.
ously the Territorial Legislature had
taken the preliminary steps for call
ing the Lccompton Convention, by
ordering an election TO be held II few
months thereafter for or against the
Convention; while the effect AZ well
as the design of the Enabling act
thus recommended by the President,
and passed by the Senate, would
have been, if it hadpassed the House
and become a law, TO arrest and put
an end to this irregular and unau,
thorized proceeding on the part Of
the Territorial Legislature, and to
substitute in place of it regular
and legal mode of proceeding under
the authority of Congress.
Had the Enabling Act become q
law, whereby the people Of Kansas
would have been authorized TO as
sumo and exercise the sovereign
power Of establishing a Constitution
and State Government, the proceed
ing would have been regular. Lawful
and in strict conformity with the true
intent and meaning of the Kansas
Nebraska act. Then the people OF
Kansas would have become a sovcr-
cign power, clothed with full author
ity to establish Constitution and
State Government in their own way,
subject only to the Constitution OF
the United States. But If the pro
position be true, that sovereign pow
er alone caninstitutc Governments,
and that the sovereignty Of u Terri
tory IL in allegiance, suspended in tn.
United States in trust for the people
when they become q State, and tn,
sovereignty cannot be Invested from
the hands Of the trustee and vested
in the people Of the Territory, with
out the assent Of Congress, it follow,
as an unavoidable consequence that
the Kansas Legislature, by the act o.
Feb. 10, 1856, did not and could moi
confer upon the Lccompton Convcn
ton the sovereign power Of ordain
ing Constitution for the people o.
Kansas in the place of the organi,
law passed by Congress.
The Convention seem 10 have been
conscious Of this absence Of sovcr
eign power on their part, and seeks
to supply the deficiency by referring
the Constitution TO the people at an
election on the 2lst Of December last
" for ratlfeaiion or reJe1iDn,' with the
further provision that "Mn Const,in
tion shall tale .Ge1t and b. IN (oru from
and after lis raiiG1nt,on by The popl>
as hranb,fore pr0ud,d"
! will quote some Of the provi
s'oDs on this point:
Before this Constitution be- sen
IT, Congress asking admission int
the Union az State, il shall be sub
mittcd to all the white male inhabi
tants Of this Territory. for approva
or disapprovsl as follows" DC.
And again
At which election the Constitu