The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1858-03-17
perhaps the majority would be turned The

Dir, Whenever you 60 outside Of the
regular forms OF law and constitutions to
seek for the will of the people, YOU are
wandering in a wilderneSs-a wilderness
of thorns. If this was minority cousti.
tuition do not know that that would be
an objection TO it. Constitutions are
made for minorties. Perhaps minorities
ought 10 have the right TO make constitu.
tons, Tor they are administered by major.
ilies. The constitution of this Union was
made by minority, and as late as 1910
minority had it in their hands, and
could have altered or abolished it; for, in
ls4o, six out of the twenty six States OF
the Union held the numerical majority.
The Senator from Illinois has, upon
his view Of the Lecomplon Constitution
and the present situation Of affairs in Kan,
sas, raised the cry of popular sovereignty
The Senator from New York Mr.. Seward
yesterday made himself facetious about
IT, and called it "squatter sovereignty."-
There is a popular sovereignty which is
the basis Of our Government, and | am
unwilling that the Senator should have
the beneti! Of uniting squatter sovereign
" with popular sovereignty. Sir, in all
countries and in all time, it is well under
stood that the numerical majority of the
people could, il they chose, exercise the
sovereignty of the country; but for want
OF intelli yence, aud for want of leaders.
they have never yet been able successfully
10 combine and form popular govern
ment. They have often attempte d it, bu,
II has always turned out, instead Of pop
ular sovereignty, populous sovereignty
and demagogues, placing themselves up.
on the movement, have invariably led
them into military despotism.
think that the popular sovereignty
which the Senator from Illinois would de.
rlve from the acts Of his Territorial Leg
lslature, and from the Information received
from Partisans and partisan presses would
lead US directly into populous sovereignty
aud not popular sovereignty. The first
o'ganizatlon of popular sovereignty on
proper basis, took place in This COUNTY,
The hrst gun Of the Revolution was a
salute to new organization Of popular
sovereignty that was embodied in the
Declaration OF Independence, developed,
elaborated, aud inaugurated forever in the
Constitution of the United States; and
the tue pillars Of it were representation
and the lotbox-the legal aud cons,i
tutlonal ballot'boX ordained by The people.
In the division Of power, in distributing
the sovereign powers among the various
departments Of the Government, the peo-
pie retained for themselves the single
power of the ballot.box; and a great
power 1t was. Through that power they
were able 10 control all he department
of the Government. Ii was not for the
people to be exercising political power in
detail it was not for them to be ANNOYED
with the cares Of government. but, from
time to time, through the ballot.box, to
exert their power to control the whole
organization, and sovereignty remained
with them. This is popular sovereignty
the popular sovereignty of legal, con
stltutiona' balot-box and when spoken
through that box, the voice of the people,
for all political purposes, is the voice of
God but when it is outside Of that, it is
the voice of demon, tue doctrine of the
reign Of terror.
Permit me to say, that in passing
omitted to answer question that the
Senator from Illinois has, believe, repeat.
edly asked ; and that is, what were the
legal powers Of the Territorial Legislature
after the formation and adoption of the
Lecompton Constitution That had
nothing TO do with the Territorial Legis.
lasion. They moved in totally different
spheres. The Territorial Legislature was
provisional government, almost without
power, appointed and paid by this Gov.
ernment. The Lecompton Constitution
was the act of people, and the sover.
eign act OF people. They moved in
different spheres and OIL different planes,
and could not come in contact at all with
out usurpation on the one part or the
other. 1t was not competent for the lie.
compton Constitution TO overlurn the
Territorial government and set up gov
ernment in place Of it, because that Con.
stitution, until ackIowleG Ggment by Con
gress, was nothing; it was not in being.
1t could we'll order the people of Kansas
to pass upon it; itcould do Whatever was
necessary to perfect that constitution, but
nothing beyond that, until Congress had
agreed to accept it. In the mean time
the territorial government, government
ad interim, was entitled to exercise al
the sway over the Territory that it ever
had been entitled TO. The error Of assu
ming. as the Senator did, that the con
vention was the creature OF the territorial
government, has led him into the difficult
ty and confusion Of uniting and disuniting
these two governments according as il
may suit his argument. There is nc
government in the convention until after
the adoption by Congress Of its conctitu
ton; snd there is no inference OF any
time with the Territorial Legislature, as
there is no actual power in the Territor
al Legislature even to call convention
but what is derived from usage and per
mission. and by an enabling act sometime,
from Congress.
IL the Senator from Illinois, whom
regard as the Ajax TeIemon Of this debat
does not press the question Of frauds,