New-York daily tribune., 1858-03-19

nf
Do TO safety thsp selves 20 satisfy the county
to sst,sy the just mgr ~ Of the people but TO says
yoie shsD be taken on the 4th Of January neIt, 40
which all the peo fe shal declare their assent TO- or
dsopproo8non II, this Cons ttu.on an entire instfa
meptl Whs. is there in ;ti4 preparation 70 prevent
I'll Whist force had the Constitution Could the
COnstauo en-, vnsccepted by you, unaathorzed by
You, pe<ayze aud sunihilste the legislative power
which your act of Congress had conferred upon the
TeUetorsl Government Does not that power, aud
al .hst power remain perfect as when you granted
it' AID could the power which your act gave be di,
toinshed or les,ehed By any az: oi Iere IsSnrsi
ter wbtt act might be done by the people OF ksnsa-,
call il by what name you plesse-law Of the Ierri'o-
rsl Legislature, Constitution made BY the peopie-no
matter by what name you call 1.-THE supremacy Oh
the Government Of the United States refnans IN
touched and uniDpeired, and all the power oi Tern
toral legislation which i. gave may be exercised oy
the Legislature.
or what avail is this Constitution until accepted by
Congress and the State admitted upon IL Wnom
does il bind IL il anything more than proportion
by the people Of Ksusss that, We shall be admitted
with this instrument, which we oner ~ our Const'u
ton J" What more il it Does It bind anybody
Where does il derive ts authority The Organic IA"
Authorized no Legislation by Convention. The Con
yentiop could exercise no Legislative power which
Congress had given because Congress gave is power
10 Territorial Legislature, 70 be elected in certain
manner and TO be exercised in certain manner Inc
Convention could exercse no legislative power IL
bourd no one IL did not bind the future state Tor,
until accepted II, what prevented the people uou
calling q Convention the next day, and altering or
modifying ii according 70 their own views ls there
anything Of reason OF argument or Of law, to support
such proposition a. that the people are restrained
from making another Constitution because they have
proposed one not yet accepted and acted upon by
CODgressl think not.
In nv Judgment we have q precedent on our books
which sLows / am right in this view IN the case OF
Iowa. She presented herself here with Constitution,
and afked for admission according 70 the boundanes
which che had assumed and declared in that Consttu-
tiCn Congress admitted her but admitted her condi
tionally only. Congress objected 20 III: boundary IL
included a portion Of territory which Congress thought
properly belonged TO the State OF Mssour IL Adnit
ted her, however, ss State condltonaly on condi-
ton that she should hold another Convention and as
sent to the new boundary Il at Congress prescribed;
and upon that assent being thus giyen,the President
TO proclaim il, and without further proceeding,
she was afterwards to be state in the Unior. What
did the people of Iowa do! Did they proceed accor-
dIg 10 tis act Of Congress and call Convention
tirply for the purpose required by the act OF Con-
gress 81 asserting 10 this altered boundary No, sir;
we hta no of that. They passed that act by,
called another Convention made another Constitution,
applied to Congress, and were admitted at suose-
quent session.
Was not their state Of preparation greater than the
preparation Of the Territory Of Kansas Here Iowa
was not only III o state of preparation, by having
made a Constitution, but that Constitution, with a
single exception, had received the appreciation OF
Congress, and she had authority to call another Con
venOn Tor the solitary and particular purpose Of as
might well do. Her people sad " IL is wiser and
more satisfactory mode TO pass by this act OF Con-
gress and TO act upon our acknowledged rights as
Territory 10 call Convention, make new COnsti-
"utiop and submit that to Congress, passing by the
President and the Presidents proclamation, and re-
ceiving adoption and admission from the hands
" of Congress" " and they did so.
If they could do that, If, prepared as they were,
that preparation did not preclude them from making
another Constitution, how is this ess state Of prepara
tOn, Oh the part OF kansas, to preclude the Territorial
h1sgh Qnf
ing a Convention, but simply Of taking another vote
on Constitution which was yet TO be proposed u
Congressl Can any reason be shown No, Sir, none
That Constitution WAS imperative. How long would
it have operated! Suppose circumstances had occur
red which had prevented any apPdcotion to Congress
for years, how long would this instrument have re-
tanned its vitality and retained its vgor and authority
One year shor-hved instrument Two years
Three years7 Four years How long! Suppose
the President Calhoun had put this instrument in his
pocket and kept there a the days OF his life would
Kansas from taking other steps and calling other Con-
yentions, and making other Constitutions
If it's authority would not have continued lie
tine e. how long could 1t continue No man can set
limit and the conclusion, therefore, s that 1t never
had any binding infiuence-at my rate, never such
binding influence land that is all that am required
to show TO have prevented the people, II they he'd
changed their iDds after making the first Consttu
ton, from calling another Convention, aud resortiog to
all mesns necessary for the establishment OF aaother
Constitution, and then TO offer it 10 you 1t ~ there
the last moment to make known to CJngress what Is
their will and what is their determination 10 relation
10 the fundamental law of the State which they are
about to establish
there any fctions Of law; there any techncaties
spripging out Of these instruments, governing Their
force and effect to prevent this conclusion! ls this
Constitution 20 lie made up into little plea of estop
pel against the people Are the little rules which
are 10 gather from Westminster Halthe little saws
in actions at law that do well enough to decide little
questions Of intum and taanl among A, b and C-to
be applied the measure To those great and sove-
reign prl cpes which States and peoples rest Tor
their rights and their Liberties No. Sir. This agreat
political que.ton Open free TO be Judged of accord
ing TO GODS truth aud the rights OF the people, unre-
sraiI ed unencumbered, uninpared 10y any fiction or
BY any technically which could prevent the full scope
Of your ustce and your reason over the whole subject
Therefore Sir this state preparation OF the Terri
tory Of Kansas Tor admission into the Union has no ei
fci. The argument is not applied the fact is merely
stated thst the is state OF preparation, and there
would be necessary TO stop on any doctrine on that
subject; for, in my own judgment no argument can be
made Of any ordinary pauslblhty, to show that
the state Of preparation Restraints the people OF their
natural and ndefeasible right and their legal right as
procaime y you, to form with perfect freedom their
own institutions before they come into the Union.
There is no technicalty about it.
Here it to me, applies that great principle to
which adverted at first, that the people have night
10 govern Themselves mean, of course, according
to the constitutions and laws such as they have ms
people had no COnstituton-cOuld have no Con-
sitution and when the act of the Territorial Legisa
tuie was passed requiring vote to be taken on this
Constitution, they had full authority to pass tha, Law.
Their hands were not bound. Here was great act
about TO be done-an act bind the State, 10 give it
a new character to give it institutions, 10 put
upon it a Constitution-thst panoply Of the rights
OF ALL This the great act to be done it is act
Which none but the people can do through themselves
or their proper representatives. Ii in all cases, di
recly or by reference, the act of the people Tue
laws which they establish are not Of that transient