The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-11

submit their work 70 the people This matter for
their discretion; but this they did not do This
veptou was elected with unlimited and penary powers
Thai such y conv enti0n could be clothed
doubt who is acquainted with the history similar bodies
10 submit the whole constitution formed by them or any
part part OF it, just as they pleased for ratification
This the people well understood before the election of
himself. In his inaugural address he says
The people Of Kansas then are invited by the highest
ha he eeeou Of seesss frame AND
State goverpmen The performed 10 entire sppre-
s &c
prevails those who abstain from he exercise Of
The right o suffrage authorize those who DO vote 70 act for
bound under the law and Constitution the fraud
% al By Ss &c! nh 30
be voluntary self would be
native You should not console yourselves my fellow ci
& f @
9gs G 81 sn n
he Of the people yet have no power to dictate the
proceedings OF that body
This language clearly conveys the idea that the Couveu
lon might might not submit the constitution to be
ol ned by them TO of the people; and far from
the people not being able to delegate power or to sutho
others make constitution for them being true, as
now cob,ended for by Gov Walker, follows most clear
y from what he says that such authority could be given
even by their silence The authority conferred would be
implied by their absainng from the polls On the ques
OF the powers Of the delegates to be elected to the
Convention, y Stanton addressed the people as follows
government recognises
which provides for assembling convention to form con
sulon with he view to making application TO Congress for
presenting the only test of the Of voters TOR dele
seTeby epeSed In sh he act al
lowed 70 have prov ded FOR full and fair oppression Of the
represent them in the constitutional Convention do not
lance to The peaceful operation Of this law the Convention
itself will in some form provide for submitting the gres OILS
long affiliated the people Of Kansas 70 fair vote OF FL the
thus framed and The question Of difference hus snbm,.ec 70
%,ed bs Congress %ihoa, delay Of the
states OF the American non and the Territorial authorities
will be Immediately withdrawn.
Here Mr. Stanton clearly admits the full power of the
delegates TO he chosen 10 form constitution On, valid N IT.
self whether be submitted or not for Ratification 1t is
true he expresses great confidence tha the dsractng
question - which the slavery question, would be IN
some form submitted fair vote OF the bone fde resi-
dents OF the Territory and the firm belief tina, If he
question OF difference should be submitted 10 the deci
SION of the people Kansas would be admitted without
delay This ia exactly what done by the Convention,
The testimony accompanying this report shows As to
the powers Of The Convention however the committee
will but one other authority That is speech made
BY Judge Douglas at Sprir ghed, Illinois, the 18th
june 1857 Just before the election Of the delegates took
place BE said
speak for herself through her delegates
assembled convention to form constitution preparatoryo
her aenssioe into the Union on an eaua footing WITH the
out her borders The law under which her gates
sSs no De sreE be-
eve that the Law will be fairly interpreted and imPsray
and quiet exercise OF the elective franchise any portion
S ss ss shall the
polls ana withhold their votes w view OF svng the tree
~ cops,uon opposition 10 the wishes Of majority Of the
pfSPs ys unsfI IT. viii principles hs
a and asr As and
whose leaders they act M the blame Pc visited OF ssehng
feelings and IN violation OF their WISHES The organic &C, &C.
70 sa4 & suit
themselves suble,t to no Other limitation tnsn Ms'
The democratic party is determined to see the srea.
& 1hsTRs
lodged be fair and Just The rights o. the voters are clear
and scrupulousy proece Hence q the majority OF the
he Sp1san party That nine ens q the people Of
that Territory free State there obstacle in the
and her people and IN conformity 70 the
great principles Of the Rapsas Ne6rsEs ae a he
accordance their professions. such not the result
policy us % produce snarchy and boodshed Kan
hat their party profit BY slavery agitation In the
Noriheru States o; this Union.
In this speech there IL not the slightest aiuson what
ever TO subsequent ratification of the constitution 70 be
formed before would have validity; not the slightest
reference 10 anv such construction Of the Kansa Nebra
Ia act The language iskansas Is about to speak Tor
herself through her deegetes assembled IN CONVENTION 70
gates that the responsibility was TO rest upon those VINO
FOR partisan purposes urdtr the control OF leaders N os
liant states should absent themselves from the polls
That yas TIE time their voice was TO be legally heard IN
tue formation STATE constitution and they chose to
rbev wouid have nobody to blame but themselves.
MS true that Gov. Walker, while plainly telling the
people that the Convention would have u power 70 make
cons tuton without submitting il. also told them that.
In his judgment the entire consultation 70 De framed by
them ought be submitted to the decision OF the people
sud that IL IL not In his judgment Congress would
not snd ought cot admit the State under IL In this he
differed wiGey from Mr.. Stanton, and in making the de-
carstor be greatly transcribed bis rghfu power. he
upaertoos TO prescribe for the exercise Of right
they do possess under the constitution OF the United
states. when new State presents constitution Tor al
haG IN N Tho
manner Of its ado pton hsc the matter OF its subsistence
The csnro. be inquired INTO further than 70 see tha,
II Is republican form and the mode and manner o. its
adoption oanrot inquired into only far TO that
has been formed In such way the people have legally
established for themselves The doctrine o. oov. Ws.Ser
woGld be utterly sueveEsye OF al state rights ad state
sovereignty fer Of the UNREASONABLE attributes Of
sovereignty the absolute right 70 select Is ewn mode OF
giving expression 10 IL owl will.
r. then upon general pr ncples a. well from cs,a
bIished usage Il clearly appears that the validity ~
constitution does not necessarily depend upon IL having
,oceiyea ro,uar ratidoa.ou IL there ANYTHING q the
Kansas bill varies this from former pTecedents
On this point Gov. Walker says
These rishts-hA, IT, she rrhi q having the constitution
whole submitted 10 popular yo,eI have ever regarded
as fully secured 70 he IeoIs OF AZ ths lerrsrss n
Dill such he p Tins Kansas ae ~ q, 81.
a % sSa Ss.se. ma ~. pass w BIN Se
dent 20 that date showing hat this sovereign power Of DC
he 1ueson Of slavery bit incirnes AL oher such
instrument Indeed believe DE ksssas Nesrsssa sl
people o, each by ietegai constitution q had &c
riehi OF voting for OF agsinsi ue constitution
What part clause Of the Kansas act gave Governor
Walker the idea that secured cot oily o the people OF
that Territory but sn other Territories the rights be
meliions this committee Utterly al lose TO imagine.
n there word or sentence IN II which embo1es auy
such security they have been unable % discover H. and
the distinguished Senator from Illinois who u thus styled
the author Of that bill ever gave any such construction 70
H. anteCedeut TO his "lae" speech, this committee not
aware oft II any such construction was put upon any
part Of during s discussion Congress IN 1854 or al
terwarcs during the Of 1856, by that senator
OF any person else this committee equally unaware OF
a. On the contrary, they have good evidence that no
such construction was then afterwards up 10 the
18th June last put upon by the Senaor who called
is author In the speech made by him on that day he
certainly put no such construction on The bill During
the ast Congress the senator reported BILL though
he Vas nos the author OF H. providing Tor the call o.
convention In Kansas form state constitution Tor al
nssion IN the Union That bill made provision for the
submission OF the work OF the Convention 10 decision OF
the people That known az the 1oombe bill. II
passed he sensr and received the Of the Senator
- f,,a-.s. that xcse Walker m