Staunton vindicator and general advertiser. (Staunton, Augusta County, Va.) 1858-1860, 1858-04-03


10 assert this, is to declare that there is no
eanacity IN representatives to represent the
s.lcws and interests OF the people because,
# there be q capacity in representatives
thiseto cxprv.A. i..cir wishes AID interests,
surely - pcnp~ have the right to express
shcm&slye4 in Whatever practicable mode
they 4ay themselves prefer. If The ca
pacity b. admitted, 40 maIi ea.l doubt the
right Of Ia, people to,say that the acts of
sshcir representatives sha)! be final and con-
ciasi-c. IT. chen, W giy there is-aof Q
capacity inn Representatives assembly to cx-
press the es@siiolss and wishes of tue people
III regard to matters Of constitution, is it not
obvious that that capacity does not exist in
relation to matters Of law? Aud the result
would be that popular form of Government
is only possible in those communities where
there is a small number OF people, and
where they can meet and deliberate to-
gcther
But, sir, think it viii moi be difficult
10 show that this principle is inpsacticahle,
and could not possibly be executed. lfyou
must have the sense Of the people in regard
to a constitution, in order to make it their
vii and make it valid, then you must not
submit it as a whole, but must submit it in
parts yeu must submit it proposition by
proposition 10 gather their will precisely !;
because, although slcy might regard lie in
strumcnt when submitted as whole, to the
old form of government, it.-aocs not follow
that they are in favor of all the provisions
which it contains If, then, you should
submit it to them proposition by proposition,
this result might follow; that after the ma
'ority had struck out such parts as they dis
liked the constitution, as Whole, would
turn elt to he n--y diffIfviIo thing fivs1
what any body had expected or desired. Then
you would be forced to re-submit it again,
or cali another convention to change the
form in which it is to be presented a second
time it would thus be found that, in a
large community, it would be impossible to
take the sense of the people on the different
parts of the constitution. | say therefore,
that it would be impossible to carry out this
doctrine in order to ascertain the popular
will on the subject Of their constitutions.
But, sir, Congress is to send it back
and require its submission as a whole Let
me ask you what right has Congress to send
this constitution back, and require its sub
mission to the people, If the sE,soplc, through
their representatives, say they do not desire
it to be thus submitted? The right to re-
quire this ratifying vote must rest with those
people, or it must rest with the Congress Of
Cue United States. 1t cannot be in 10th ;
and if the Congress Of the United States
can say it shall be submitted, it must also
declare TO whom it is to be submitted; it
must prescribe the right Of suffrage it must
say who shall constitute the body polite. It
may provide that it must be submitted, not
merely to whites, but to negroes, to indians,
and to aliens; and in thus prescribing who
shall be the body polite, and who are the
voters to decide upoa sit they may deter
mine that no constitution shall be brought
here that does not permit an absolute equal
ity among those races. That is a matter
not within the jurisdiction of Congress, but
within that of the people of this inchoatc
State, who are acting in the capacity of the
people of State. 70 deny them such a
right would be to deny their equality with
the other States Of the Union. 1t may be
said that the people of Territory have no
such fogereignty. 1rue; but the people
Ct State do possess it, and if Congress
agrees to their application, its act of admis-
sion relates back, and recognises their ac-
ton as that of tie people Of the. State
Not only, then, is this doctrine, IA the
latitude in which it is laid down, impracti-
cable, bat affirm that the submission which
was made was the very faircst that could
possibly have been offered. The great-aues-
zion Of division among them was in regard
10 slavery. Who can doubt that? This
was the only question submitted If the
constitution had been submitted as whole,
you could not have asccrtaned their sense
accurately in relation to the great matter Of
dispute. An anti slavery man might, per-
haps, have voted for the constitution BE-
cause there were other provisions which he
liked; and pro-savery man might have
voted against it because there were Other
provisions which he dislikcd but when
sou presented 1t to assM to determine that
question, and that question only, you took
the precise expression of the popular voice
in regard to that subject.
know, sir, it has been said that the
question was not submitted because tie
people were required to vote fer the consti-
tstien before they could express an opinion
on the subjected slavery. That, say, with
al Difference to the respectable gentlemen
who have maintained shc proposition, seems
ITO me to be a mere verbal bubble. Wig,
sir, what was it for which the ycfor was
responsible when he voted under this sub
mission? He was responsible only for ex-
pressing an optnion in regard to that mat
ter which his vote could affect, and not for
any declaration of sentiment as to ether
provisions in the constitution which his vote
could not affect and what was there in that
instrument which his vote could affect :?
Surely it was only the subject of slavery it.
self
Wei, Mr. President, to confirm this ac-
ton CT the Lccompton cosSention, we have
the fact that scase eleven or t1elve thousand
persons-t viii not be precise a: 20 num-
bcrs-yotcd for the officers who were to
compose the new government under this
constitution, and that they did 50 not mere
y with a simple assent to Tie constitasior,
hut with the express declaration that they
would support it, for they were not allowed
10 vote until they agreed to sustain the con-
stitutiod t'fat.is to say, to sustain it if a.
ooptcd, until it should be legally changed