Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-01-12

de t7cto In tho country at largo az ost~sen Sons
and the Territory. In the hrst IN hasss act
AN "Eneblino Statute" II the kansas Nebraska NV
did not enable tho people TO hold Convention, OF ~.
make lava for their own self government IL nnu Wv
virtue in it at all. The Kansas eOrasKa Ol
lied Territory, and the people thereoi were en"o
tbsrsbv 10 govern themselves. BY their own ia" -
they organized Convention 10 frame Cons'nu.o"
Of STATE government That Convention was there
fore d, lure. legitimate. Ii formed Conet'u.."n'
aud had a right 10 form it. That was ITS iunc.lon,
and there its power ended. except to submit u, as
nronosed organic law 10 the fair and free elecon O.
the sovereign people to be- adopted or to be rejected
by them. They, in their organized being o! reg"
voters are alone sovereign The entire Constitu!io
ought TO have been submitted 10 their Lawful VOICE
at the pole. >,
b The power was not delegated to the Convention ~
proclaim and establish State Constitution; u hau
be approved by Congress- and much more had 10 se
approved by the sovereign princlpals Tor WhoW 'ne
mere agent, the Convention acted. II was not s.a
tute law, repealable ut will by Legislature W on
yearly and to be chosen by the precincts OF annual
elections 1t was the great fundamental organic law
under which titles and tenures and franchises were
be held, and Judges and Legislators we're 10 ST. anu
Executive authority was to WELD Inc arms vi S'a'
and offices were to be filled, and justice was 10 % ao
miuistered, and law was to be enacted and conteos
rate station was TO be assumed, and sovereignty i'se
was to be assumed-aud it was to be lrrepeahois oy
Legislation, and to be, in q word, the supreme Con
stitution of State, under which she was 10 oe 10
ceved into the most glorious Union OF States wn'cm
ever protected and fortified the liberties Oh mahRino
What! Tell US that an instrument of this dignity;
that republican government ITSELF was not 10 oe SUD-
ni,ed in is form and plan proposed, TO Inc only law
full sovereigps-the organized people-not mere
mass Of persons, but the bona tide Inhabitants and
legal voters of the Stateato be governed, Tor thei!
election, TO adopt or reject it De Jue, Say II
ought to have been so submitted. Pure and nnoe
filed republicanisIn conservative Democracy requir
ed that it should be go submitted.
There is no mobocracy in that idea II u e'so,
iust steady, organized, free republican action; the
law of popular liberty, defined by citizenship ana
the rule Of election, and is the true example OF essen
tal sovereignty in the people: Instead OF so submit
ting this proposed Constitution by the mere agent
the Convention, deferentaly to the principals, the
organized sovereign people, there was u usurPahon-
Withholding from them Of fair, free, full anu equa
election to choose or not choose their own Cons
tuition of sefgovernment. 1t was &c paTtc; u was al
on one side; it was, in gambling phrase, Inc lou
"Hesds win and tails you lose; the z.
obliged to be adopted with the clause or witnout he
clause the vote was bound to be "for the Constitu
tion,' it was all pro and con, and we may say ina
was no submission to an election al all Eec!ion i
choice of alternatves-to adopt as we'll ae re)ect-
There was no choice in this case, and no equality
vo,ers in this CASE Three men went TO the polls: "A
sad ~ vote for the Constitution. with or without the
cIanss ~ hnt b. and G. said, I'VE vote against II
uitb or without the clauee;" AS vote was counted
BIS and Cs not TO be counted, and thus one "a
WV
in fact for three against the majority oil TWO 10 one ou
of three.
less fraud of so.caed schedule. There was neithe
right nor Justice in it. The Democracy of Virgiuis
at least scorns title of any sort founded on fraud
occult or palpabe, like this. We say that as between
the Cow enon of Lecompton and the people OF Kan
sas the question was one de Jure, and de )nre Inc
whos Constitution in all IFS parts ought TO have peer
submitted to all the legal voters pro and con- and the
IN hal hapn allOw6l their voice.
against it as well the one voter his voice for It.
And 60 far as slavery 10 concerned it made the Gaze
worse against that species OF property 10 suom the
slavery clause alone to the election OF the people,
Wby discriminate in respect TO that peculiar lnstltu
tion7'' lie it because it was peculiar Ii We con
tend for ANYTHING especially it is that our property
shall not be distinguished or Disseminated from othe
property in legislation 1t Stands on the same loot
ing of right to protection and preservation ~hicn u
claimed for any other description of thing owned Of
possessed by others as property. Why was this sin
aed out for the chances OF prohibition Was it no
enough that the Badger amendment OF the kanas
Nebraska bill had already enacted that al laws pro
tecting and establishing it prior 10 l8l92O should b
repealed Why repeat determination agans
slavery in this schedule Of submission!
This was ground enough to make pro slavery parti
zaps reject it, In fact and of right the Constitution
had not been submitted at all in whole or in part TO the
people, it would have been more impartial and more
lust to the stakeholder than as it was submitted. l
there be any mistaken and misguided aud misguidinl
parties in the South who would be guilty of arrayinl
against tbs equal rights Of slave property the irressti
BILE and udisputabls rights Of popular sovereignty, We
would save our property from the guardianship OIL
such folly, and really property and protection mus
always most safely rely, rather upon law and order
and the rule of justice and fair dealing-to Task no
thing but what is right, and to submit 10 nothing
which is wrong" On the ground of policy, then, al
we'll as de jnrc the whole Constitution ought 10 bavt
been submitted to all the legal voters, without fear ia
vor fraud force so much for the case de 1ure 81
The Convention tit to submit the Constitution &c
the voter alone, and not to all three OF the voters
and the Convention was legitimate. 1t was leeit
mate, de }dcto. Congress could not go behind the
return il cannot intervene We are told except to
hat law has authorized the act, and that the form il
republican,
The law authorized the act, and grant the form
OF the Constitution iteelf to be republican,. We
don't agree with MIR. Senator Douglas. that his owl
Kansas Nebraska act was not an "enablipg statute,
and We don't agree, ether, with the President MIR
Buchanan, that SLAYER, was the only domestic IN
sttu:ion" TO be submitted, as such, 10 the people,
The Kansas bill enabled the people to govern them
selves; that was its frt essence and its chief OK
celleuce, and every municipal institution OF State
government is "domestc institution" The Presi
dent is bachelor, and V must therefore, be e1
cused for not comprehendg domestic institution
AZ we'll as We who have HOSES full Of children. Ht
had better reasons for his recommendation than h'
assigned He was bound e look TO the fact that th
was the work of Legitimate Convention, and tina
the work itself was in form republican, and that these
were subjects for Kansas aOne to Judge OF. Bu
whether Kansas had been allowed to judge-whethei
her people had been allowed TO choose, to elect Il
adopt or reject the Constitution of government pro
nossd for them-whether they had been allowed II
govern themselves was another fact which had alst
| 10 be looked to-de tarto whther the schedule wal
renublicsn7 DE tacto wheth,r there were not otbe
domestic institutions besides shvery which ought Il
have been submitted to the sovereign, legal votersi
| II Ia the very gadness and glory of our State go
| verpmen,s when organized, that they guard ant
govern the hearth stones aud homes Of the people
| the United States. The State governments are tn
municipalities of sovereignty which embrace espe
cally the individual persons, tie families, the house
| holds The affairs and the homs OF our people 1t !
that which makes State right, State laws, State or
ganiza,ion, State action, go precious because go DO
| nestle in our copfederacy. The Federal Govern
ment embraces rather natonaland foreign subjects
iurisdiction and therefore, it ought to leave all do
| nestle questions to the States aud the people, VIVA
| then7 WHY, then If the schedule Of submission wa:
anticipation, if il was partiil, fit did not acknow
| ledge aud allow the sovereign light OF the people Il
Judge for themselves the question OF highest dig
nity, the organic law of their Government and dis
criminated unequay between the subjects OF pro
| nerty the Congress of the United States ought no
to reject the legitimate and Republican Constitution
but ought to adopt it subject to fair and legal vot
of the people OF Kansas, according to law 70 De pre-
scribed by their Territorial Legislature, and to adml
the State under the Constitution whenever the Ter
tory shall proclaim its approval ,nd adoption by tn
people. If they adopt il, to admit her into the Unot
ipso fdcto and if they reject it to leave the people
of Kansas in their own way to organize another Con
vention and so submit another Constitution to Con
gress for approval
This would BIZ plain aud easy solution, and woult
take all the asses over the "bridge of shreks." Ant
for any difference Of opinion as 10 the mere mode
submitting or solving this question, protest that NJ
true honest, earnest Democrat shall be prescribed
| No Northerner ought to denounce the President TO
recognizing the fact Of the legitimacy OF the LecomP
Senator Douglas for con,endng manfully for tn
right of the sovereign people to adopt or reject ihei
own form of self government There is no conflict il
truth, between the two principles de jure and de fact
they, combined rule the case, and rule 1t rightly
II NAV be very to ha Kansas admitted
State as early as practicable. but nothing will b.
gained by admitting her into The Union in mode OF
fensive and oppressive 10 large .msjority OF ne
voters. Wisdom should teach q minority 10 lnsis
nnon notb;po hut what is sustained by perfect fair