The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1858-05-15

this government. It belongs to the peo-
pie OF the United States, one and all.
The people Of the States own it; and
they are the real sovereigns of the terri
tory, and We are their representatives.
They have no government but what We
give. 1t is not in the nature of things
that they should have. All squatter SOW
ereignties, and sovereignties of ali sorts,
vanish before the sovereignty of the peo-
pie Of the United States.
But the President says, in reference to
this Kansas constitution, that although it
contains q provision that after 1864 con-
yention may be called to change it, the
people can nevertheless, change it before
that time. That is to say, the people can
by tier irresistible power, at any time
notwithstanding the provisions of their
constitution to the contrary, change it as
they please. Sir, this is very high author
ity, the President of the United States /;
but it is, in my opinion very dangerous
doctrine and very untrue one. The
people cannot bind themselves by any
constitution! I thought this was one
of the great virtues and purposes of a
constitution. We admit them to be SOW
ereign. Why cannot they make what
sort of constitution they please The
constitution which sovereignty makes, in
all its parts, andall its purposes, must be
the rule of conduct for all. 1t cannot be
abolished except in the manner prescribed
and pointed out in the constitution itself,
if any manner is prescribed.
If the Presidents doctrine on this sub
ject be true, what becomes of the consti-
tuition of the United States Instead OF
following the mode of amendment pre-
scribed in the constitution, the people by
their irresistible power, may in any other
manner at any time change the whole form
of our government. There is not State
constitution in the Union that does Tot
impose some restraint as to the matter OF
change. What would constitution be if
it was just as liable to change as an ordi-
nary act of legislature ? It would lose
its character. Those who will talk to the
people about the unlimited and illimita-
BILE power they possess are teaching a dan
gerous doctrine. This is sort of sover-
eighty which the people cannot exercise.
1t may be made very fattering to their
ears but it is impractcable in the nature
of things. It cannot be exercised at all.
The people must exercise their sover-
eighty through agencies. They must ex-
ercise it through representatives and gov
ernments they must exercise it safely
through constitutions. If they could moi
make constitutions bind themselves, theil
sovereignty never would be safe. If il
were not invested in the constitution, i,
would be constantly escaping into the
hands of some of those gentlemen who
could talk most eloquently to the people
about their irresistible sovereignty. That
would be the end of that sort of soyer.
eighty in the people.
The people must understand that theil
sovereignty is to be exercised through
representatives and delegates, over whom
they are to hold the proper control and
to hold that control, and to fix and make
permanent and operative their sovereign.
| ty, they must put it in the form of con-
stitution. That is the only security fol
popular sovereignty. Therein it exists
| and therein alone can it exist. It is moi
true that the people cannot bind them
selves, and are not bound, by the restric-
tions of their constitution. They may
rebel against their own constitution, they
| may violate the law and constitution, just
as they could violate the law or constitu-
ton of any other people but it does moi
follow that because they could do that
they have not created a political obliga.
ton on themselves by constitution, only
to amend that instrument in the guarded
temperate, gradual method which the con-
stitution may have provided for and pre-
| scribed.
Sir, I am sorry to have occupied the
time of the Senate SO long. I can say,
with the President of the United States,
that On this important occasion I have
endeavored to do my duty, with . full
sense of my responsibility to my God and
my country. Under the conviction that
the best results to be obtained under the
present circumstances, unless some mate
rial amendment can be made to the bill
will be retained by rejecting this constitu-
ton, shall give my vote against it /; but
50 anxious am to conclude this subject,
that / intend, before it is finally acted
upon by the Senate, to propose an amend
ment. This would not be the proper
time to offer it /; am not prepared now
to offer it; but the effect of it will be to
admit Kansas into the Union upon cendi-
ton that this constitution of hers be sub
mitted to be ratified by them and if SO
ratified, the President, on information of
the fact, shall proclaim it a State of the
Union, without further proceedings and,
if it be not ratified, to have new consti-
tutional convention convened. My amend
ment viii be an enabling act in effect, but
admitting Kansas for the present.