The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-04-14


to act in their own way but it would be the exercise Of
power not granted us by the federal constitution and
any in the very teeth Of the act organizing the Terri
tory. -
Doubtless some confusion has ariscn from misappre
henson in the public mind to the force of the term
The people when used In political sense. When it is d.
carcd to be the intent Of the Kansas act to leave the
people thereof perfectly free TO form and regulate their
domestic institutions In their own way does the term
people, here used, include all part of the h
habtants those acting without legal FORM or in accord
with law Docs leaving them free to act In their
way. contemplate warrant action In any sensc
without legal forms In my opinion, clearly not II has
been asserted that the convention although legally an
scinbc il not the master but the sta Of the people
Reference to the constitution of tho United States and
many of the State constitutions, satisfies me that both
positions are false convention is neither the mns<r
nor servant the people II is the potent voice OF the
peoples to be emphatic it s in tho highest legp
and constitutional sense ne people we the people do o.
dain k The language the federal constitution spoken by
the federal convention which framed it. 'We the people,
do orain the language of Of the State cenvc
tions which ratified IT, II was not submitted 10 the masses
of the Union for constitutonally there IL such PEG
pic II submitted 10 the Of any State
Yet the people both ordained and ratified H. What people
representative people people IN the republican sense
of the Such is likewise the fact in regard to many
Of the State constitutions The Is used ..w
the people of the State do ordain and yet the cons
tutions adopted not submttal to popular suffrage
Conventions assembled in accordance with law he
people in organized capacity Now, shall presume to
to whether the voice spoken by her convention
is the ruy-cxpressed will of the people 10 do 90
would bc to exercise arbitrary power. -
The people of Kansas have, In accordance with autho
ties duly constituted by Congress in the organic act in
accordance with the laws Of her in conform
ity to the requirements Of the federal constitution ina
linc with prccedcnts of States Of the Union,
adopted for themselves in their own constitution
republican In form. Shall we admit reject her IN
my humble Judgment there Is not the shadow Of sound
for refusal The Lcccmpton convention was po-
tical body duly invested with power 10 make and
dain a constitution The discretion to refer its work
back to the masses belonged to it exclusively They saw
proper to submit the most material portion All the
bona I'D, inhabitants qualified to vote invited to
press their opinions by their votes An election
held, of which due notice given and large naoii ity
of those voting endorsed the portion submitted Those
who refused vote according to every sound principle
of law, presumed to acquescc bound by the de-
cison Otherwise, there is, through the ballotbox no
safety to constitutional liberty To delay admission, 10
require her to reconstruct her organic law will be TO
councnance rcbellious spirit in her midst which has
denied the authority of her government from the begin
ming The dividing line in that Territory, truly says the
President is ''betwcen those who loyal to this gov
ernment and those who have endcavorcd to destroy its
existence by force and by usurmtion. y r eE
The constitution presented Che expression of the
ercign will of the people who acknowledge the authority
of law. Those who voted against it, under uncons
tutiopa act of the Stanton legislature were composed
mostly of those who have uniformly resisted regular
thorty To admit is to regard the will of the loyal and
law abiding TO reject will promote rebellion. If the
Stanton legislature had the legal right to alter the re-
qremcnts Of heconvention IL had the power TO repeal
the constitution The assumption Of sucha right
the whole theory of our government Its action, under
the circumstances, Of more authority than any
other psaccabc oscmblago of citizens; and the voice Of
the people evoked cannot be regarded because they speak
only through legal channels.
There is manifest tendency in the public mind to rev.
outonary ideas aud doctrines This growing impatience
of legal and constitutional restraints the thirst for
something and startling Is evil omen or the