The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-03-04

WAsuISGroS CRY. Feb. 6, IL

WASHINGTON CRY, Feb. ., 1893.
Gentlemen regret that my public du.
ties here will not permit me to be present
and to participate with the Democracy Of
Philadelphia in their demonstration against
the proposition to impose Constitution
upon the people Of Kansas against their
will
That the Lecompton Constitution is not
the act Of the people Of Kansas, and that it
does not embOdy the popular will of that
Territory, is now cOnclusively and undenia.
bly, established by vote Of the people, ia
ken at fair election. held on the 4th day
Of January, 1858, in pursuance Of Law
passed by the Territorial Legislature estab-
lished by Congress.
The idea that the IecOmpton Convention,
clothed with no other authority than that
which it derived from the Territorial Iegis.
lature, could obtain Constitution and put
il in force without the consent of Congress.
and in defiance and subversion Of the au-
thority of the Territorial Legislature estab.
lished by Congress, is too preposterous to
admit of argument. Under our political
system it requires sovereign power to ordain
aud establish Constitutions and Govern
ments. While a Territory may and should
enjoy all the rights Of selfgovernment, in
obedience to its organic law, it is not SOW
ereign power. The sovereignty Of Terri
tory remains in obeyance. suspended in the
United States, in trust for the people when
they become State and cannot be with.
drawn from the hands of the trustee, and
vested in the people of q Territory, without
the consent OF Congress. The last Con
gress having withheld this assent by refu-
sing to pass the bill recommended by Presi-
dent Pierce to authorize the people Of Kan.
sas to form a Constitution and State Gov.
eminent when they should desire it and
have the requisite population, the sovereign
ty Of Kansas still remains in allegiance,
without any authority OF the Territorial Ie-
gislature to transfer it from the United
States and vest in the people of the Terri
tory, without the consent OF Congress.
Hence, repeat, the Lecompton Conven-
vention possessed just such authority as the
Territorial Legislature was competent to
confer, and, by the terms of tie act, did con.
fer upon it, and no more.
The Territorial Legislature did not endow
the Convention with sovereignty for it had
none to impart. 1t did not even bestOw the
power OF legislation; for by the organic act
it was vested with the legislative power of
the Territory, without the right to delegate
it to Convention of its own CREATION
Hence the Lecompten Convention only pos
sessed the authority, derived from the Legis-
lature, to collect, ascertain and embody the
will OF the people of the Territory upon the
subject of admission INTO the Union, and to
send the same as a memorial to Congress,
under the clause Of the Constitution of the
United States which secures the right peace
ably to assemble and petition for a redress
OF grievances.
Such memorial, even il il embodied the
form Of "a State Constitution. Congress would
bc at liberty 10 accept or reject, according
as it fairly represents, or misreprcsents, the
will Of the people OF the proposed State.
The Territorial Legislature just elected by
the voice and votes of the people OF X aneas.
believing this Iecompton memorial or con-
stitution TO he fraud upon the wishes and
rights Of the people Of Kansas, assembled
passed law submitting the instrument 10 a
fair vote Of the people On the 18th OF January
last, at which election majority OF more
than 10000 votes was recorded against il.
With what show Of justice or fairness can
il b. contcndcd in the face of this vote. that
the people of Kansas do not, and have not,
in the most solemn manner known to the
laws, repudatcd the lscompton constitution
as wicked fraud upon their rights and
wishes
The enormity Of this Lecompton scheme
should not be- concealed under the plea that
the Convention declared the Constitution TO
be in force, as the fundamental law Of Kan
sas. without submission to the people. lex
cept the slavery article,) and that. conse-
qucntly, the authority of the Territorial Te-
gisla,ure was superseded on the 2lst of De
cember last. The Convention had no law
ful authority to supersc,e the organic act Of
the Territory, by establishing a State Con
stitution. without the consent Of Congress.
The attempt was not only unlawful. but if
successful. would amount 10 rebellion against
the lawful authority Of the United States.
The power Of the Territorial Legislature
was as complete on the 9TH day OF Decem.
Der last. when II passed the law submitting
the lHcompton Constitution TO the vote of
the people, a. II was on the 10Th OF Febru-
airy. 1857. when it passed the act calling tie
Iecompton Convention.
As the Convention possessed no power,
except what it received from the Legisla-
turf, it could do no act subvertiDg or
impairing the authority OF the Legislature.
Hence the act of the Legislature submit
ting the whole Constitution to the vote of
the people. was just IA valid and binding
upon the subject matter as tie act OF the
same Legislature calling the Convention
into existence.
The conclusion ia inevitable tina, the Le-
compton Constitution dos not. and never
did. possess any validity or au,hmity, for
two reasons First. the Convention no,
being vested with sovereign power, could
no, put il IN operation and second that
the same legislative authority which called
the Convention into existence. passed u law.