The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1858-02-24

ture should Hx the right Of suif
limitations: and therefore "the
by this clause ofthe act was exl
act itself
Then, as the President prope
MESSAGE, the territorial goferI
knowledged. set out on the p
Kansas act, that the people. act
law-the people, acting throui
ment established by lsw--have
government z stands there today.
70 the people the propriety Of c.
tional convention. The peopl
there should be a convention. q
ture called it. The convention
that convention is now before u.
objection is made, even by some
whom I have acted heretofore !
matter. They don't disagree VI
up to this point; but they say
ought to have submitted to the
From whence do you derive the
be subInittedP lido not preten,
may not be so submitted, but I
poiht 10 be determined By the Ia
er. / admit that it may be sui
must be submitted il the law 80
territorial law calling the conve,
creed that the constitution shouli
to a popular vote, the work ",
plete without submission. If
itself had declared that Il s66uIc
ted, it would be incomplete wit.
ton, because it would have lack
quircd by law.
This, however, lacks no san
The convention determined to
ve1ata, the question of slavery,
pie, and they submitted no {
They saw that eighteen Sta
mitted into the Union with c,
med by conventions. They 50
enabling acts, beginning with
1902, up to this day,.no such
ever made by this government
ped somehow or other into tn,
They saw that in no enabling
requirement been demanded {
sential to the validity Of a S2.
1t was not required by the te
by the convention. Hence IL
sence of all foundation for the
such a necessity unless you e
else. Where are you to geti|
IN the law Of Congress; it is nc
Of Congress; it Is not in the ter
ing the conventions; it is not in
itself. Where, then, do YOU e
must go to the ''higher law"
gentleman from New York, an
lind it Go and look OF the re
he speaks, and it is not there.
| uttcranee Of his that / know
not there. Go, then, to natv
ming Of the world, and she gl,
ance. Where are you to GET,
it is demagogism. 1t is note
warrant in law; none in phiei
nature, and none in the revc:d
The Kansas convention ts
submit a portion Of the const
pie. The President says that
cording to his construction Of
bound to submit the slavery /.
| think he is mistaken; becaus
you what we meant by "the nd
the people act through orgal
through the legislature; they
convention; and the action Of
the action OF the, people thesiE.
embodiment Of their sovereign
people have been born unders
Of Georgia and other States, ".
this essential prerequisite OF pc
is now considered.
Mr.. DOOLIrTLE. VIII
ator allow me, on the point js~
ask a single question:, Sec
Mr.. TQOM BS. With gfilks
mr.. D0OLTTTLEs M any
what source DO you derive tvs
orthe convention to form a d
From the legislature ofthe ~
Mr.. T0OMBS. Entirely
ture of the Territory, If Ii .
from Congress, we should be b.
ositions we made. If it Gomez,
torial Legislature, ne may d..
propositions.
MIR. DOoLITTLE. I WI
inquiry. IF the legal authsI.h
ton was derived from the lefmii
ritory. has not the legislatuttha
until the State is admitted sherl
legal powerof legislation stiLl
may not the legislature pass
the constitution to the peopfs
May It not be done by any d
as the original legislature VI
calling OF the convention?
Mr.. TOOMBS. | think nc
yious reasons. The legislat'
yention together, and it has "
and the people voted upon thtss
ted to them before the actioskiI
TO which the senator from NJ
red, took place. Then the
executed, and the constitntid
but the sctiUn ofCongress tas
men'al law, II was then 4
ritorial legislature to int,
then affect the constitutio
for calling another convsntasae
neither constitution here, il e6fsl
the constitutiou!t then foriiieas 4
law providing for it was u I NJ ,
nothing could be done und ksaas
State officers, and its validiais /
that. That is my view Of iaeE.
| Mr.. D0OLITfLE. Ases,
understand chat the election a'is "
off under the schedule ofthw-.-
take placg until d Ter the lei
cd BY law for another elect
Mr.. TOoMBS. Before tig ss
islature the election on sbiosssd'
place on the, 21st Of Dccenl
ton, having exhausted its n,
matter back TO the people. e. "
Of the Legislature was befotsls 4
it was incompetent for the MI \
with tlat work, becau M
the convention aisnsix- ,'sI gs
ing more TO do except TO sub
according toits own terms. / Z
the rest was perfect. The.
lature that eayo the poxd K
nor any subsequent .legiSla s,'il
After tins depression. II \ ~ y
I was arguing, and pro- y
construction or tho kans Sslll
the coitemporancous con- sp
friends. Tbold in my q sss'. I. (.
into this body by rslyseli 1 4, (,
some amendments, paa;e
three fonrths. but she ::Insa Ca
Cor it : provision adn It'll z
peka constitution. 70 sz
understood to be tie Z
lof this act that tho toHst y q n
any popular sanction,
~ 4