The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-11


DEN ocrscy of Philadelphia 10 their demonstration against
the roIneop impose Constitution upon the sopie Of
Kar sSs aga mt their sill.
TIA, the Leccmpton constitution is rot the of the
people o. kaTas aud that GOES not embody the popular
viii o thai Territory, L. row co"cusively and undenaby
established by vote OF the teope taken fair election
held on The 4,h day Of January 1885, in pursuance OF
passed by the Territorial Legislature established By
Congress.
no other authority than that which II derived fr' he
Territo ial la;ure could or raD constitution put
il in force without the consent Of Congress, and in
rora legislature established by Congress- Is too prepos
e,ons aimt Of Argument Under our political system
requires soveresn power TO crdan and establish cons
tniiops and COVE pmepts. While Territory may aud
should enjoy all the rights of self government, in obed
.nse to us organic law, it s net sovereign power
The sovereignty OF Territory remains in abey
snce suspended in the United States, in trust for
the people when they become a State; and cannot
vested in the people of Territory, without the
consent of Congress-. Tho last Congress having
withheld assent by refusing 10 pass the bill recon-
erded BY President Pierce 10 authorize the people OF
KansAs u form constitution and State government when
they phould dcsrs and have the requisite population,
The sovereignty of Kansas still remains in allegiance,
withou, any authority Of the Territorial legislature TO
transfer from the Ueaed states aud vest Il n the people
# The Territory, without the consent Of Congress.
Hence, peat, the Iecompton Convention possessed
Just 81 authority the Territorial Legislature
peent to confer and by the terms Of the act did confer
upon it.. and no moro.
The Terrific al Legislature did not endow the Conven
ton with sovereignty: for han none to mpart II did
nh even besow the power OF leesition for by the or
ga act II vested with the cgislatve power Of the
Terr.ory without the RICH, to delegate il TO Conventon
Gifts own creation. Hcrce the Lcccmpton Convention
Wy passes sed the authohy derived from t1e Iegia-
re 10 collect ascertain and cm6ody the will OF the peo
PIE q the TAr'Ory upoo the subjecr' admission into the
rnou scd To seud the came memoral to Congress,
under the csnse Of The constitution Of the Unied States
which secures the right peacoaby to assemble ana pet
tiot for a redress Of grievances
Such memorial, even II embodied the form of State
constitution Congress would be at liberty accept
iect M
the will of the people OF the proposed State.
The Territorial Legislature just elected by the voice aud
votes Of the people Of Kansas believing this LecDmpton
memorial constitution TO DO fraud upon the wishes and
rights or the people OF Kansas assembled aud passed
lew submitting the Instrument 10 "A fair vote OF the people
the 4th OF January last ri which election majority OF
move than ten thousand votes was recorded against it.
With what show OF justice or fairness can be contend
ed Ia the face Of this voe that the people CT Kan 'ss do
ard have not in the most solemn manner known to
he Laws, repudatd the Lecompton constitution q
wicked fraud upon their rights and wishes?
The enormity Of this Leo mpton scheme should not be
concealed under the plea that the Convention declared the
constitution TO be 10 force the Fundamental law Of
wi bout submission to the people Except the slavery
atcle that consequently the authority Of the Terri
turiai Legislature superscded the 2lt of Decem
her last The Convention had no lawful authority
persede the organic act NJ the Territory by establishing
State constitution without the consent Of Congress The
attempt was no. only unlawful but II successful wo1i
amount to rebellion against the lawful authority Of the
United atas The power of the Territorial Legislature
complete the 18th day Of December last, when
it passed the law submitting the Lecomp,on constitution
ry 1857, when passed the act calling the Lecompton
Convention ,
As TIE Convention possessed power, except what Il
received ftn the legislature could do act subyert
ing or impariDR the auth ory Of tie legislature.
Hence the act the LEGISLATURE submitting the whole
constitution Ia the vote Of the people, just valid
binding upon the subject matter the act Of the
sane legislature calling the Convention into existence
TIE conclusion Is inevitable that the Lesompon Copst
tuition does not, and did, possess any vitality or
authority for two reasons First the venon being
vested With sovereign power could not put in
top; ard, second that the same legislative authority
which called the Convention into existence nassed a law
before the constitution 10 have takon effect by it's
OVID terms for its submission TO tho people, AMI provided
that II majority OF the votes should be cast against it
a. ba. election, it was to be null and void only as
constitution, but even rs memorial TO Congress.
We therefore forced irresisbly 10 the conclusion
that the Lecompton constitution whether viewed in
legal and technical sense q memorial protesting TO
en- body the popular will OF Kansas should be REGULATED
by every democrat who chershcs the time honored pru
cpe of his party, and IL determined in good faith 10
carry out the doctrine OF self government and popular
sovereignty guaranteed IN the Rans Nebraska act
A. DOUGLAS.
LETTER FROM HON. THos. L. HARRIS, OF ILLINOIS.
IorsK or RkrsksEsIArvEs, Feb. s, 1858.
GESTENEN-Sour letter OF invitation attend and adj
dress a grand democratic mass meeting, 70 be held in
Philadelphia Monday evening next "to protest against
the attempt TO force upon the people OF Kansas
lion odcus to them and to give force and volume to the
public feeling around us which demands that no demccrs
tic representative In Congress shall vote for this gsripg
fraud" s received. assure you, gentlemen, that
thing would give greater pleasure than TO participate
your mes tig, called, am ia, from the mos,
pan ic;e motives. But my post Of duty here, aud what
ever my humble efforts may be able 10 accomplish TO in
full snd Just expression OF the popular will IN Kan
upon their oreans law, will be done. sha pursue
ho path Of duty which lies plain before careless alike
OF JebupcatoDs and Establishments from whsever quar-
ter they may GENE
hold 10 be sound democratic doctrine that no people
possessed Of equality q rights yield up those rights
their liberties either 10 INDIVIDUALS society by mere
implication Toconsttuc government grant power 10
dsper sable and TO obtain manner consonan with
democratic theory there must be surrender made by
the people; but such surrender can go not hair
BREATH beyond what is specifically stated. When cti.
vote eyes or mo- on proposition 10 call Con.
venton TO be said that they thereby sanction in al
vance whatever such Convention may see nt 10 do
when the people vote for delegates to such enons
DO they thereby raty ana confirm Drevocaby the action
of stojy net yet constituted, which can choose, dts.
institutions which universally cherishes fsstsn
upon them such ahhorredf Does any democrat
claim for conventions such powers thcsct Is there
citizen II any State who conccdc such powers TO
an icopate body oarthY II not, why permit body
~ mon Territory, Just on the point Of emergence
iftc soyercignty-and body TOO said not TO have been
elected from the whole body Of the people, but T. have
been spawned into being from corructed balyts-to
fsstn attempt To fasten upon outraged and protest
ing public organic Law against their WHY Federalism
in ia rankest form never enunciated a doctrine more
hostile 10 republican liberty.
II is ofcp sad that there are numerous preoedents
where oonsttrtons have been formed and put In opera
without euhmsion 10 the people bat before such
stances be cted r. justify the admission * Kansss
ander the ec7mpion COMPOUND must be shown that 10
these cases <o IA in Kansas three rrhs OF the people
opposed 30 such constitutions. Bu, such exam
pies can be found The citation q precedent where
ccust tnpo bas been framed and enforced uron people
three fourts n whom utterly hostile 10 rs provi
siops may he safely defcd and such examples cou
be founc they would be honorsi the breach than
10 the Observance. think Mr. Randolph was rxh when
in the Convention Of virginia, IN 1880 speaking OF the
voters who elected the delegates 10 the Cuventon, he
sad
Iey shall assent 70 this constuonf they shall choose
ratfs II well and good. thsre end ~ the natter
Is the power though heirs ~ no; be The glory Sir
II q q H.
self evident thu no p-ser ~ earth that from which
tb- Convention d.ryes All IT. authority propose
tuition ali rirhfuly pronounce the validity our
scs decide Dpon the acceptance rejection q such
e'ttntior - = shall max.
Those Of VS. who think ~ q differ with the aimlns.ra
tcn upon this quceon, are stsmazed and abused by
brsfrg aud plrnder gorsed presses renegajes aud
demagcgues We shall nc, be deirrcd from our course
~ airy such SANDERS We shall act 20 professions
Of democracy and abide by the doctrines Of the ksnsas
Nebraska &C; and the Cincinnati platform. have yet
come to TIE belief Of infaibty those high In state
and whenever cannot agree with them prefer folio
ny N right rsher than play the hypocrite W
ercy The smiles of power. DO not believe there arc
half dozen members Of Corgrcss from tho North VINO