The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1858-05-15
, Union. There is no tech.

come into the Union. There is no tech
nicality about it.
THE RIGHT OF THE PEOPLE.
Here, it seems to me, applies that great
principle to which / adverted at first, that
the people have the right to govern them
selves-I mean, of course, according to
the constitution and laws, such as they
have. This people had no constitution
could have no constitution and when the
act of the Territorial Legislature was
passed requiring vote to be taken on this
constitution, they had full authority to
pass that law. Their hands were not
bound. Here was great act about to be
done-an act to bind the State, to give il
a new character, to give it new institu-
tons, to put upon it constitution-that
panoply of the rights of all. This was
the great act to be done; it is an act
which none but the people can do, through
themselves or their proper representatives.
1t is, in all cases. directly or by reference,
an act of the people. The laws which
they established are not of that transient
character which can be made to-day and
repealed tomorrow. They are made for
permanency. They are the great, immu-
table and eternal truths and principles on
which all government must rest They
are expected to be permanent. The peo-
pie delegate to others the power of pass
ing your temporary and repealable laws.
They reserve to themselves the great right
of passing those which are permanent and
irrepealable except by themselves.
Was it not of consequence, was it not
of importance to know the will of the peo-
pie, whether they really did approve of
this constitution which was about to be
offered to Congress- law which, when
Congress put its insprinaatur on it by ad-
mitting the State, is to be permanent
Would it be any harm to take the vote
over and over again? What objection
could there be to it :? You might have
said, at is an unnecessary care of the PEG
ple's rights you have had their decision
once; therefore, it is not necessary to
have it again ;" but out of abundant care,
and abundant zeal, you may choose to
take it again and again, and ascertain
whether there may be change or vsria-
tions in the public opinion. Where is the
man who can say ought against it ? Do
you object to it because it is taking too
great care of public liberty, paying too
great respect to popular rights ? Nobody
will take that ground.
But it may be said you might delay the
application to Congress by these repeated
elections. Not at all. You must avoid
that as far as you can. In this case it has
not delayed it. In this case this vote was
taken before this constitution came before
you-while it yet slumbered in the hands
of President Calhoun. No objection can
be made, then, that this was made the
cause of, or intended for the purpose of
delay. The result shows that it was nee
essary and proper. The result shows that,
Notwithstanding the vote of six thousand,
though all real, here were ten thousand
who were opposed to it. say, therefore,
this is not the constitution of the people
of Kansas. 1t may in a certain sense be
a constitution offered by the convention
to the people of Kansas, but which the
people of Kansas, by ten thousand ma
jority, have rejected-have lawfully re-
jected in the last vote, as it was lawfully
approved by the six thousand first voting
in the preceding December.
WHAT THE RECORD SHOWS.
I.say, then, Mr.. President, upon the
record evidence, upon all the evidence,
this is not the constitution of the people
of Kansas. It is not the constitution un-
der which they desire that you shall ad-
NIT them into the Union. Now, will you,
against their will, force them into the
Union under constitution which they
disapprove That is the question. You
know the fact that ten thousand against
six thousand are opposed to the constitu-
ton. You know that, by the act of their
Territorial Legislature, they entreat you
not to admit them with this constitution.
They tell you, moreover, as one of their
reasons, not only that they disapprove of
the whole constitution, but that it is par
ticularly hateful to them because the votes
given for it, or apparently given for it,
were, to great extent, fraudulent and fc-
titious. The legislature tells you that
nine tenths of the people there are opposed
to it.
Now, would it not be strange that un-
der these circumstances, we should, with
out any motive for it that / know of, as
the common arbiters of all Territories and
States to the extent of our constitutional
power, force her into the Union? What
motive can we have, what right motive,
with the knowledge of these facts, to force
them into the Union, and to enforce upon
them this constitution I cannot feel
myself authorized to do such a thing.
Of course | do not impugn motives and
views of others, who take different view,
act from different motives from mine.
They act upon one view, upon another;
but it seems to me that to do this is a
plain unmistakable violation of the right
of the people to govern themselves.
Ihaye endeayored to show you, sir, that
this is not the constitution of the people
of Kansas, according to the recorded evi-
dence of their will. 1t seems to me, fur
thermore, that this constitution is fraud.
It is not only not their constitution accord.
ing to their will, but it is got up and made
in fraud, and to deprive them of their
rights. ] believe that, and I think it can
be shown.
A GLANCE AT FRAUDS.
The President Of the United States has
furnished US an argument on this subject,
and it has been often times reported here
in the debate-of course plausible and
ingenious argument, as all must admit
even those who deny the solidity of the
reasoning. What is the argument? The
President says that the sense of the peo-
pie was taken, aud proved to be in favor
of calling a convention. The convention
was called; delegates were elected these
delegates made constitution that con-
stitution was submitted to the people, in
part, and approved by q voteof six thous-
and, according to law. Well, all these,
you wilI.observe, constitute tissue, a long
series of little legalities, regularities, and
techniealities; and the reasoning of the
President is founded on technical points