Marshall County Democrat. (Plymouth, Ind.) 1855-1859, 1858-01-21

as well as de jure, the whole constitution
ought to have been submitted to all the le-
gal voters, without fear, favor, fraud or
force So much for the case de jure. 3D.
The convention saw fit to submit the con-
stitution to the one voter alone, and not to
all three of the voters, and the convention
was legitimate. 1t was legitimate de fdcto
Congress could not 90 behind the return
it cannot intervene, we are told, except to
see that law has authorized the act, and
that the form is republican. The law au
thorlzed the act, and re grant the form Of
the constitution itself TO be republican,
We don't agree with Mr.. Senator Douglas,
that his own Kansas Nebraska act was not
an "enabling statute;" and we don't agree
either, with the President, Mr.. Buchanan,
that slavery was the only domestic insti-
tuition to be submitted, as such. 10 the
people. The Kansas bill enabled the peo-
pie to govern themselves; that was its very
essence and its chief excellence, and every
municipal institution ofa State government
is domestic institution"
The President is bachelor, and he must
therefore, be excused for not comprehend
ing a domestic institution as we'll as
we who have houses full of children He
had better reasons for his recommendation
than he assigned. He was bound to look
TO the fact that this was the work of a le
gitimate convention, and that the work it
self was in form republican, and that these
were subjects alone for Kansas to Judge of
But whether Kansas had been allowed TO
Judge whether her people had been allow
ed TO choose, to elect, to adopt or reject
the constitution of government proposed
for them-whether they had been allowed
TO govern themselves, was another fact that
had to be looked to-de .facto. whether the
schedule was republicon? e.tacto, wheth-
er there were no other domestic Institutions
besides slavery which ought to have been
submitted to the sovereign legal voters?-
Ii is the very gladness and glory Of our
State governments, when organized, that
they guard and govern the hearthstones
and homes of the people of the United
States. The State governments are the
municipalities of sovereignty which en-
brace especially the individual persons. the
families, tie households, the altars and the
homes of our people. 1t is that which
makes State rights, State laws, Stale or
ganization, State action, so precious, be-
cause SO domestic, in our confederacy.-
Tie Federal government embraces rather
national and foreign subjects Of jurisdic
ton, and, therefore, it ought to leave all
domestic questions TO the States and to the
people. What then? Why, then, if the
schedule of admission was ant-irepublican,
if it was partial. if it did not acknowledge
and allow the sovereign right Of the peo-
ople to Judge for themselves on the ques-
ton of highest dignity, the organic law of
their government, and Disseminated une-
qually between the subjects of property,
the Congress of the United States ought
not to reject the Legitimate and republican
constitution, but ought to adopt it. subject
to fair and legal vote of the people of
Kansas, according to law to be prescrib-
ed by their Territorial Legislature. and to
admit the State under the constitution
whenever The Territory shall proclaim its
approval and adoption by the people. If
they adopt it, to admit her into the Union
ipso Jiacto; and if they reject it. to leave
the people of Kansas in their own way to
organize another convention, and to submit
another constitution to Congress for appro
val This would be plain and easy So
luton, and would take all the asses over
the bridge Of shrieks.' And for any
difference of opinion as to the mere mode
of submitting or solving this question, l
protest that no true. honest, earnest demo
crat shall be prescribed No northener
ought to den, unce the President for recog-
nizing the fact of the Legitimacy of the Lee
compton convention, and no southerner
ought 10 dcnounce Senator Douglas for
contending manfully for the right of the
sovereign people to adopt or reject their
own form Of self-government. There is
no conflict, in truth, between the two prin-
cipals de jureand de facto they. comhin-
ed. rule the case, and rule it rightly. 1t
NAV be very desirable to have Kansas ad
mitted as a State as early as practicable,
but nothing will be gained by admitting
her into the Union in a mode offensive and
oppressive to a large majority of her vo-
ters. Wisdom should teach a minority to
insist upon nothing but what is sustained
by perfect fairness and justice. A majorl-
ty can take care of itself, and the minority
should be the last to resort to fraud or force.
Nothing .ess than the highest tone of NOR
alily can protect minority in its rights. or
will restrain majority from wrong. The
great state of New York should realize the
responsibility resting upon her. If she
will stand by Mr.. Buchanan as she did by
Gen. jackson; if her democracy will only
firmly unite; if she will maintain no o;her
rule than the just rule of the law and the
constitution; if she will remember her
greatest stake in swelling the late demo-
cratic triumphs into permanency of pow
er, and in maintaining law, order, justice.
peace and union; if her democracy will
cease thA;:. divisions. and devotedly and
unitedly come up to :he patriotic work of
..,,Ea Inra