The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1858-04-21
TERMs-s3,OO,

preserve the peace, or protect the lives and psppl
erty OF the people; for none Of these powers are
conferred in express terms, but are gnnled on
y under the general phrase Of ''all rightfnl sub.
jects of legislation" II is evident, therefore,
from the necessity Of the case, that Under the
clause ofan ,7ghJul su5ects the legislature Is fIa-
ly empowered TO legislate upon all subjects
which are not expressly denied them by the Or
ganic act, or by the Constitution. The ONLY
difference between the legislative powers Atsts
and of territory is. that state can legislAte up
On all matters not forbidden by the Constitu.
ton Of the United States, while Territory can
egislate upon all matters not forbidden by ia
Constitution and the organic act. Not one word
or syllable can be found in the Kansas and Ne.
braska bill by which Congress reserves to itself
the right TO prescribe the manner in which the
people Of Kansas shall form State Constitution.
Il isa riShtlul subject Of legislation, upon which
the people ofkansas are TO act through their ls4
gal representatives and through them alone.
The territorial Legislature Of Kansas, therefore
has the same legal right, in my judgment, TO
authorize the formation of a State Constitution
for Kansas, that the legislature of Connecticut
had to authorize the formation of State Com
stitution for Connecticut. This legal right Kan
srs exercised in February, 1857. They called
conventian for the purpose off5rming a State
constitution they provided for the election Of
delegates TO that convention; decided upon the
number Of districts and the number Of delegates
to be elected from each district. Whether the
apportionment was just or unjust, equal or un-
equal was matter for the legislature alone to
consider, Under that law Of the Legislature,
delegates were elected, and by those delegates
the lecompton constitution adopted That
part OF the constitution relating to slavery was
submitted to the people for their approval or dis
approval A majority of those who voted, deci.
ded to leave that clause as the convention had
left it. The convention was not instructed by
the law to refer any portion oft to the people
lnaSmuch, therefore. as the territorial legislature
Of Kansas were legal body, and had full power
under the constitution andorganic act 10 author.
ize the formation ofa State Constitution, the
Lecompton constitution must be the legal con.
stitutioR the State Of Kansas, unless something
was done between the time the law was passed
providing for the formation Of that constitution
was finally perfected, which rendered it null and
void.
Has anything occurred to destroy its legality?
1t is said in many of the districts no census was
taken, no votes were cast, atd no election held:
that many Of the counties were not represented
and the question therefore, arises, does the fact
that several districts were unrepsented either
on account Of the failure or refusal Of the ihhab-
itants 10 be registered or because the officers
were, through threats or violence, prevented
frcm taking the census; or, ifyou please because
the officers themselves neglected or refused To
do their duty, render the the delegates elected
from those districts where census was taken
and elections were held legally incompetent 10
organize convention and adopt constitution?
think not. II at our next election in Connec-
tcnt the officers Of one-third Of the towns
should, through threats, fear, or even wiifai
neglect and refusal, fail to open the polls; and
these towns should, in consequence, be tnfep.
resented in onr Legislature, will any man con-
tend that the representatives elected f!om the
o:her towns wonld not constitute the legal leg
islature Of Connecticut, and that their laws
" would not be binding upon the people? There
would be no remedy, unless the legislature
should choose to provide for the emergency; but
the officers who had failed to perform their du-
ty according to law would lie subject 10 punish-
mcnt under the law. | find nothing in the Law
Of the legislature of Kansas which prevented
these delegates who were declared elected by
the proper officers from forming a convention.
and adopting a constitution. Bot, we are told,
if the proceedings were legal up to- this point,
still, they ceased TO have any binding force
when the convention failed to submit the whole
constitution TO the people, because the people
have not been LETT perfectly free to torn and
regulate their own institutions in their own way
"a right guaranteed to them by the organic ac.
No man has more respect for the principle Of
popular sovereignty, or will go further to secure
to the people the right to govern themsei7cc@@,
than myself But who are the people in legal
sense, and how do they speak and express their
will? Why, our government is expressed thro'
their representatives In every State in this
Union laws are frequently passed, which. if sub
United TO vote of the people for ratification or
rejection, would be voted down by an over
wbelming majority; and yet who would 2re.
sumo to say that those laws are of no binding
force, because majority of the people are OPP
posed to them, and would vote them down ifan
opportunity was offered? Candidates are nomi-
mated as exponents of the will Of the people; if
elected the power and authority OF the people is
vested in them--their will is that Of the people;
should they turn traitor to those by whom they
were elected, no matter how great the majority
by which they we're elected, still they would
express the legal will of the people. The peoS
pie of Kansas were asked to form and regulate
their institutions in their own way when they
nominated and elected delegates to the consti-
utional convention. All the people we've In.
cluded in the invitation. They must have
known the character and opinions of the candi-
dates presented; and if the majority held back,
and allowed the minority to elect their csndi
dates, the legal presumption is that the msjori-
ty were satisfied with the result. How, then,
can it bc claimed that the Lecompton constitu-
ton does not express the legal will OF the peo-
pie Of Kansas? The territorial legislature be-
rg a legal body, being invested by the organic
act with full power to legislate upon all right.
FIJI subjects, having passed law for the election
of delegates to form constitution, having con
ferrred upon these delegates elected not having
Violated the law or exceed the authority confer.
red upon them BY the legislature, cannot, for
the lie ofine, discover upon what ground 1t can
itcan he claimed that the constitution framed
by them was not legal instrument For these
reasons regard the LecCinpttn constitution aB
the legal, the only legal, corst ut;on Of Kansas
Thus far / have referred to Il Iecompton con-
Stitution only as a legal con0itution Another
question which presents itself to our minds ii.
is it just and right under all the Circumstances
Of ihe case TO ailmit Kansas Into the Union as
State under that constitution? Now, Congress
may admit new States into the Union, but she
is not obliged to do so until she sees iit Icare
not how strictly in accordance with INV the
constitution ofa s ate may have been formed,
if the people w y rights are to be affected BY
it haye had no opportunity TO shape and model
II according to their own views, wauld avail
myself Of that little word may, and would never
consent to her admission until such an opportu-
nifty was afforded How stands the Lecompton
constitution in this respcctY Have not the peo-
q 4nafa n : 81 ! -. ~ u = /.