The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1858-02-27
Letter Of stephen A. Douglas 10 the De.
mOcracy OF PhlladeI Dhia.
soucsPul6s
WASHINGTON CRY, Feb. 8 1874

| Letter OF Stepnen !. Douglas TO the De.
mOcracy OF Philadelphia.
WASHINGTON CRY, Feb. g. 1853.
Gentlemen IL regret that my public du.
ties here will not permit me to be present
and to participate with the Democracy O,
Philadelphia in their demonstration against
the imposition to impose Constitution up
on the people of Kansas against their will
That the Lecompton Constitution is moi
the act of the people of Kansas, and that ii
does not embody the populnr will of that
Territory, is now conclusively aad undenia
bly, established by a vote Of the people taken
at fair election held on the 4th OF Janua-
ry, 1858, in pursuance of law passed 10y
the Territorial Legislature established by
Congress.
The idea that the Lecompton Convention,
clothed with no other authority than that
which is derived from tee Territorial Legis-
lature, could ordain constitution and put it
in force without the consent of Congress,
and in defiance aud subyersion of the autho-
rity 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
! and establish constitutions and governments.
| While Territory may and should enjoy all
the rights of government, in obedience
to its organic law, it is not sovereign pow
er. The sovereignty of a Territory remains
/ p allegiance, suspended in the United States,
in trust for the people when they become a
State; aud cannot be Withdrawn from tn
! hands of trustee, and vested in the people
of the Territory without the consent Of
| Congress. The last Congress having with
held this assent by refusing to pass the bill
recommended by President Pierce to autho-
I riZc the people of Kansas to form Const-
| tutien and State government when they
should desire it and have the requisite pop
ulation, the sovereignty of Kansas still re-
mains in allegiance, without any authority of
the Territorial Legislature to transfer it from
the United States and vest it in the people
OF the Territory without the consent Of
Congress.
Hence, repeat, the LecomptOn Conven-
tion possessed just such authority as the
Territorial Legislature was competent to
confer, and, by the terms Of the act, did
confer upon 1t aud no more.
The Territorial Legislature did not endow
the Convention with sovereignty, for it had
none to iupart. 1t did not even bestow the
power Of legislation, for by the organic act
1t was vested with the legislative power of
the Territory, without the RICH; 10 delegate
II 10 a convention Of its own creatiOn.-
Hence the Lecompton Convention only pos
Sessed the authority, derived from the Le-
gislaturc, to collect, ascertain and embody
the will Of the people Of the Territory upon
the sui ect Of admission into the nion aud
to send 1t a a memorial to Congress, under
the clause Of the Constitution Of the United
States, which secures the right p aceab.y 10
ASSEMBLE and petition for redress and grIev-
ances.
Such memorial, even If it embodied the
form OF State Constitution, Congress would
be al Liberty to accept or reject, according as
Il fairly represents, or misrepresents, the
VIII of the people of the proposed State.
The Territorial Legislature just elected by
the voice and vote OF the people OF Kansas,
believing this Lecompton memorial or Con-
stiiution to be fraud upon the wishes and
rights OF the people OF Kansas, assembled
and passed law submitting the instrument
IL a fair vote of the people on the 4th OF ia
nuary asst at which election majority OF
more than ten thousand soies were recorded
against 1t.
With what show OF justice or fairness can I.
it be contended. in the face OF Thu vote, that
the people of Kansas 90 not. and have not, .
in the most solemn manner known to the .
laws, repudiated the Lecompton Constitution
as u wicked fraud upon thei- rights and
wishes:
The enOrmity of this Lccompton scheme
should not be concealed under the plea shat
the Convention declared the Constitution TO
be an force, as the fundamental law OF Kan
sas, without submission 10 the people tex
cept the slavery ariicle,) and that, conse-
quenily, the authority OF the Territorial Lee
giSlatQre was superseded on the 2lst Of De-
ccmhe last The Convention had no law fui
authority to supersede the organic act OF the
Territory, by establishing a State Constitu-
ton, without the consent Of Congress. The
attempt was not only unlawful, but if sue
ces>.ui, would amount 10 rebellion against
the lawful authority OF the United States
The power of the Territorial Legislature was
as complete on the lIth day OF December
last, when it passed the Law submitting the
EecOmpton Constitution To the vote OF the /
people. as It was on the 18th of February,
1857, when it passed the &c; calling the Lee
Convention.
As the Convention possessed 10 power,
except what il received from the Legisla-
ture, 1t could do no act subveIiins or iu-
pairing the authority of the Legislature.
" c are. therefore, forced irresistlbiy to
the conclusion that the Lecompjon Constitu-
ton, whether viewed in legal and techni-
cal sense or as memorial protesting TO en-
body the popular will of Kansas, should be
repudiated by every Democrat who cherish
es the time honorcd principles of his party,
and is determined, in good faith, to carry
out the doct inc of scllgovernment and po-
pular sovereignty, guaranteed in the Kan
sas- Nebraska act, and affirmed by the Gin
cnnati plrtform. | have the honor to DO
Your obedient servant,
< 4 DOUGLAs