The Placer herald., 1858-05-01

Union, however, and wherever free government
prevails those who abstain from the exercise Of
the right of suffrage authorize those who do vote
to act for them in that contingency, and the alb
sentees are as much bound under the law and
constitution, where there is no fraud or violence
by the act of the majority, of those who do vote
as if all had participated in the election. Other
wise, as voting must be voluntary, lf-govern.
ment would be impracticable and monarchy OF
despotism would remain as the only alternative.
"You should not console yourselves, my fellow.
citizens, with the reflection that you may by a
subsequent vote defeat the ratification of the con
stituton. Although most anxious to secure tC
you the exercise of that great constitutional right
and believing that the convention is the servant
and not the master of the people, yet have nc
power to dictate the proceedings of that BODY
This language clearly conveys the idea that the
convention might or might not submit the con-
stitution to be formed by them to vote of the
people; and so far from the people not being able
to delegate power or to authorize others to make
constitution for them being true, as now con.
tended for by Gov Walker it follows most clear
ly, from what he says, that such authority could
be given even by their silence. This authority
conferred would be implied by their abstaining
from the polls. On the question of the powers of
the delegates to be elected to the convention Mr..
Stanton addressed the people as follows:
ritoral act which provides for assembling con-
vention to form constitution with the view to
make application to Congress for admission as
a State into the Union. That act is regarded as
presenting the only test of the qualification of
voters for delegates to the convention, and all
preceding repugnant restrictions are hereby re-
pealed. In this light the act must be allowed to
have provided for full and fair expression of the
will of the people through the delegates who may
be chosen to represent them in the constitutional
convention. l do not doubt, however, that, in
order to avoid all pretext for resistance to
the peaceful operation of this law, the con-
vention itself will in some form provide for
submitting the great distractng question re-
gardng their social institutions which has so long
agitated the people of Kansas to fair vote of all
the actual bona .fde residents of the Territory,
with every possible security against fraud and
violence If the constitution be thus framed, and
the question of difference thus submitted to the
decision of the people, | believe that Kansas will
be admitted by Congress without delay as one of
the sovereign States of the American Union and
the territorial authorities will be Immediately
withdrawn"
Here Mr.. Stanton clearly admits the full power
of the delegates to be chosen to form cOnstitu-
ton, valid in itself. whether it be submitted or
not for ratification. 1t is true, he expresses great
confidence that the "distracting question:" which
was the slavery question. would be lin some FORM
submitted to fair vote of the bona fde residents
of the Territory. and the firm belief that if "the
question of difference" should be submitted to
the decision of the people, Kansas would he ad-
mitted without delay. This is exactly what was
done by the convention. as the testimony accom-
panying this report shows. AS to the powers OF
the convention, however, the committee will cite
but one other authority. That is a speech made
by Judge Douglas at Springfield. Illinois. on the
18TH June, 1851 just before the election of dele
gates took place.
"Kansas," said he sis about TO speak for her
self, through her delegates assembled in cOnvcn-
tion to form constitution preparatory to her ad-
mission into the Union on an equal footing with
the original States. Peace and prosperity now
prevail throughout her borders The law under
which her delegates are about to be elected is be-
lieved to be just and fair in all its objects and
provisie ms. There is every reason to hope and
believe that the law will be fairly interpreted and
impartaly executed, so as to insure to every
bona fde inhabitant the free and quiet exercise of
the elective franchise. If any portion of the in
habitants, acting under the advice of political
leaders in distant States shall choose to absent
themselves from the polls, and withhold their
votes with view to leaving the freeState demo-
Gratis in minority, and thus securing pro-save-
ry constitution in opposition to the wishes of n
Majority of the people living under it, let the re-
sponsibiity rest on those who, for partisan pur-
poses, will sacrifice the principles they profess to
cherish and promote. Upon them, and upon the
political party for whose benefit and under the
direction of whose leaders they act, let the blame
be visited of fastening upon the people of new
State institutions repugnant to their feelings and
in violation of their wishes. The organic act
secures to the people of Kansas the sole and ex-
elusive right of forming and regulating their do
mestic institutions to suit themselves subject to
no other limitation than that which the Constitu-
tion of the United States imposes. The demo-
cratic party is determined to see the great unda-
mi fol r,ripc nj nf liz
good faith. The present election law in Kansas is
acknowledged to be fair and just. The rights of
the voters are clearly defined, and the exercise of
these rights will be efficiently and scrupulously
protected Hence, if the majority of the people
of Kansas desire to have it a free State, (and we
are told by the republican party that nine-tenths
of the people of that Territory are free-State
men.) there is no obstacle in the way of bringing
Kansas into the Union as free State by the votes
and voice of her own people, and in conformity
to the great principles of the Kansas-Nebraska
act; provided all the free-State men will 60 to
the polls and vote their principles in accordance
with their professions. If such is not the result
let the consequences be visited upon the heads OF
those whose policy it is toproduce strife, anarchy
and blOOdshed in Kansas, that their party may
profit by slavery agitation in the northern States
of this Union"
In this speech there is not the slightest alluson
whatever to subsequent ratification of the con-
|
dity; not the slightest reference to any such con-
structon of the Kansas-Nebraska act. The Ian
guage is: "Kansas is about TO speak for herseL
through her delegates assembled an conven
ton to form q c0nstitution." 1t was in the
choice Of these delegates that the responsible
ty was to rest upon those who, for partisan pur
poses, under the control of leaders in distant
States, should absent themselves from the polls
That was the time their voice was to be legally
he lrd in the formation of State constitution
and if they chose to be silent, then they were tc
be silent ever afterwards. They would have no
body to blame but themselves.
1t is true that Gov. Walker, while plainly tell
ing the people that the convention would have
full power to make a constitution without sub
mitting it, also told them that in his judgment
the entire constitution to be framed by them ough
to be submitted to the decision of the people, ani
that if it were not in his judgment Congress
would not, and ought not to, admit the State un
der it. In this he differed widely from Mr.. Stan