The Washington union., 1858-03-25
CITY OF WASHINGTON. THURSDAY MORNING. MARI

thors the people form aud regulate their institutions In
then own way and that would 10 be sufficient But
find an additional autlotitt vi sfctitr tst,ty
The Kansas bill il is provided that the legislative power
and authority of the Territory shall be vested in the gov
eror and general assembly and in section twenty four
hs u Tssrv Liza s 'ps Ss sHf'1S Il IA ns, p fta @"S ss Of
legislation not inconsistent with the constitution with
this act The first section provides by whom the cgsa-
bye powers Of the Territory to be exercised and the
atle sections provide how far that authority shall
te'd lic poett sratsd Il gat!a ts!a tSth'Is TO all
ghtlu subjects, not inconsistent with the constitution
or with the organic act
N9y viii y be pretended, Mr.. Chairman that that ter
''lopa iesls!atuo can ccsats npop subject except
what Is specifically mentioned in t.,e II. Nretp me
idea Is ridiculous but yet such is the ground which gen
uemen must assume IN order to deprive the legislature of
authority to call convention to adopt State constitu
ton Why, under that dea the territorial legislature would
be body devoid of all powerwith power to incopo-
rate cities pits,bc their boundaries with power
70 tifatt rm''al l..b AID h's, otcndets; With no
power t preserve peace protect the lives and property
of their people FOR not of these powers specifically
mentioned in the act itself but they only included in
the q npsL clause, all gbtiu subjects of legislation
In my judgment, therefore, Mr. Chairman, the lcgisla
tive power OF the Territory is just full and ample the
Legislative power the Statcs except FAR Ms IL limited
'y tho Organic act Not word sttbe cah he found
il the Ra''sas Hthttsa t IS Hhieb gongess reserves
to itself the right to prescribe iie rai1sr III Witch be
people the legislature shall call convention tn aots
State constitution. II is rightul subject of legisa
ton, upon which the people to act through their
legal representatives In my judgment therefore, the
territorial legislature Of Kansas had much right to call
convention to adopt State constitution for Kansas
the legislature OF Connecticut has to call convention
TO adopt constitution for Connecticut.
His legal right Tho ltgiflaql Of ka'as exercised n
1857 They called fonyentiyn TO adopt State
tuition they decided upon the number of districts, and
tbe number Of delegates to be elected from each district
Whether the apporonmeDt equal or ppedual, iust
or unjust, matter for the teeature alone TO deter
mine Under this law Of the leglsiatu deiefotSs @ca
elected and by these delegates the Lecompton constitu
ton was adopted That portion of the constitution
latng to slavery submitted to the people for their
| adoption or rejection majority of those who voted
decided to have that constitution the convention had
left It The convention was not instructed by the law
TO rcr any potion Of TIE fots to the people IN
"sn"sh 'hcrsi0rs ae ths ,sfi'bal laTlqtf YES II
rghtu subjects cannot for the life of discover upon
what ground it be claimed that the constitution
formed 10y the Lecompton convention is not legal in
strument.
Mr.. LETTER should like to ask the gentleman
question just there.
Mr., BISHOP cannot yield But It s said, Mr.
Chairman. thu. IN mary IF The distties no cBtsts was
taken no election WAS held and rs soh5 atts tast
This undoubtedly true and the question arises does
the fact that several districts unrepesenicd in that
convention either account of the refusal of the people
to bc registered because the proper officers by
threats fear prevented from doing their duty, IL
you please, because they themselves neglected refused
to do their duty render the delegates from those districts
where the taken and where election
n,opt t. State tcnsllutot Hold Rot siitboss that
a next election in Connecticut third Of all OF the
towns in the State should account of the negligence
or refusal OF their officers fail to open their polls and
those towns should be thus unrcpscnted in the legisa
ture will amy NAH pretend To say that the delegates
elected from the remaining towns would not constitute
the legal legislature of Connecticut, and that their laws
would not he binding upon the people for if the fact
that twenty owtis We're uhrcprrsen;td makes The egs
turc void the same fact would exist tf onS ob town
unreprescnteG
But we are told Mr. Chairman that il the steps
legal up to this point still they cease TO have any binding
force upon the people when the convention failed to sub
init the whole constitution To the people There is
man upon this floor who has respect for the princ
pie of popular sovereignty than myself who will so
further TO to the people the right to them
selves in theirown way But who the people in lc
ga' sense, and how do they express their willt Our
government representative government ahd the VIII
OF the people is expressed through their representatives
VIII any mani pretend to say that law passed by the
legislature of State, to which large majority of the
people opposed is illegal and void because the people
would vote it down if an opportunity offered Most
certainly not
Why, Mr.. Chairman candidates are nominated rs ex-
ronens {" the will of their parties If elected the power
and authority of the people is vested in them and
should they turn raitors TO those 10y whom they were
elected sill their voice would express the voice of the
people, The people of kn,sas asked 10 form and
regulate their institutions In thcif own Way When
law passed by the legislature authorizing delegates
TO be elected to unconstitutional cnvention all the people
were included in the invitation. They must have known
the character and the opinions OF the candidates The
majority refused to vote, and allowed the minority to
eject their candidates. the legal presumption i that they
were satisfied with the result. How then can il be
claimed that the lccompton constitution does express
the legal will of the people of Kansas The legislature
of Kansas being legal body being invested by the
ganc act with full power to lcgislac all rigbtul sub
ects having passed the law for the election delegates
To convention to adopt State constitution, having
conferred on those delegates full power without limita
ton restriction, md the delegates elected having
l.
ing violated the law under which they were elected, |
cannot for the life of me, how the constitution framed
by them not legal instrument.
have thus far, Mr. Chairman spoken of the constitu
ton only legal instrument. The question arises
If il right and Just, under all the circumstances OF the
case, To admit Kansas into the Union under that cons
tuition care not how strictly in accordance with law
the constitution of State may have been framed the
people, whose rights to be affected by IT, have
had opportunity of engaging in its formation Of
expressing their opinion upon it, would avail yscf of
that little word may, and vote for It's admission
until such opportunity had been offered How stands
the Lecompton constitution in this respect Have not
the people had full and fair opportunity to elect just
such delegates they pleased who would have adopted
Just such constitution they wanted Has any de-
ccption been practccd upon them Were they not told
hy the President OF the United Statcs-werc they not
told IN advance by Governor Walker and Secretary Stan
tonthat the law providing for the election Of delegates
to this convention binding upon them We're they
not warned of the consequences in they refused to
vote Were they not warned not to dcu,e themselves
with the idea that the constitution would be submitted
them for their approval dsapprovoli Were they not
invited, urged, mplorcd even by Walker and Stanton
to votel Most certainly they Why then, ask
Iii tia,x,. 90 .-,4..1 4 =.