Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-02-05

bv ibe people 10 enact the same; BID, ny popular
,cuuiescence in Constitution proclaimed pY con
venton acting with express authoritarian os
be denied that the frat Of these is the only manner 9"
the exercise Of popular sovereignty unattended WIN
danger of the infringement OF the right OF sovereignty
The second method constitutes mosi dangerous e3
tension of delegated power. The th'ra leaves
in allegiance the question OF the ieea,ty 90, Vt
Illegally Of constitution, until q lapse oil ''ur
shail have decided it by sufficient evidences OF
popaar dissent or acquescepce. Neither system now
ever denies, or ever was intended 10 oepy, 'ne u'
mate right of popular decision. The TWO instances
which you cite are in themselves sutclens 20 9enon,
strate this proposition. The convention which framed
our Federal Constitution did not pretend 10 enact Ut
proclaim the same. 1t was submitted Tor ratincaton
nv each of the separate States and this ratinoaton
was effected by conventions expressly authorized by
the people of each State Aud the FIRST constitution o
Virginia furnishes the best possible example OF sys
TEN of law proclaimed by convention unauthor'zen
oven to frame reconstruction, which constitution "a'
afterwards adopted by popular acquIescence.
That Governor Wise has no. failed to CONSIDER thi'
instance in connection with Kansas affairs, Is appa
rent from his letter of the 18th Nov last from which
IN hereafter quote at length. Mr. Jeersons views
on the same subject are expressed IN Inc following
language:
"To our convention no special authority has been
delegated by the people to form permanent ConstI.
tuition over which their successors in Legislation should
have no power of alter alton. They had been elected
for the ordinary purposes of legislation only, and at
a time when the establishment Of new government
had not been proposed nor contemplated. Although,
therefore, they gave 10 this act The title OF Consti'
tuition yet il could be more than an act Oh leglsa
tion subject their other acts were TO alteration by
their successors. 1t has been said, indeed, that the
acouiesceuce of the people has supplied the want Of
original power. But it is dangerous doctrine TO say
TO Them whenever your unctionarles exercise unlaw
full authority you, if you do not 20 INTO actual rs
sstance il will be deemed acquesceDce ana cohhrma
.l.--.k Lao, Had Dh fhar
The resistance must he instantaneous; when the right
to resist ceases; or whether it has yet ceased
Indeed It ia apparent that the whole doctrine OF
popular acquiescence preaupposes usurpatlon OF au
thority on The part ofa convention, and there Is NJ
other principle except the popular acquescence from
which Constitution thus proclaimed by convention
can derive binding efficacy.
So much for the general doctrine. Let Us now
turn to the duties and powers OF Congress, IN the IN
stance of q territory applying Tor admission as
State. And here We may safely consider the prece
dents "a vel, as the principles involved. Let Us
6rst suppose that the LeooDpton Convention had
.ent to Congress Constitution without submission
real or pretended. TO popular ratification or rejection
As YOU properly admit, the old motion OF Congress
sional controls s "eIpoded" Congress cannot right
fully alter the Constitution, nor substitute Constitu
ton of it's own enactment 1t must accept or reject
But may il accept the whole Constitution provision.
ay1 The Constitution, if accepted at all, must be
accepsed az the act and deed OF the people OF Kan
sas You may say that the fact OF its being present
cd by Convention raises the presumption that II 10
the act and deed of the people. But may not Con
press require instead of mere presumption, the
best postive evidence Of this essential facti May
not Congress enquire whether the Convention has
been authorized by the people, TO enact and proclaim
"A we'll AZ merely 10 frame Constitution III 1t be
found that the Convention has no express authority
for such extensive powers may not Congress require
that the Constitution shall be enacted by the unmls-
sable authority of the people, before it will agree
10 impose the Constitution on the peoplef can
imagine no principle Of Constitutional right, or OF
moral duty, which makes 1t imperative on Congress
to abstain from thus protecting the people Of terri.
tory from even the possibility of being subjected to
Constitution repugnant TO their wishes. Can you'll
On what ground, then, do you object to such right
Of congressional aotioni On precedent You can
not find single precedent which denies the power
init Congress to accept a Constitution unsanctioned
by express popular authority. But these precedents
20 no further than to vest in Congress discretionary
power, and by no means make It imperative on Con
gress to accept Constitution merely because u is
presented by a legally constituted Convention. And
other precedsnts directly establish the power of Cen
gress TO admit territory Professionally. Ihese vii
more particularly refer to in the further discussion Of
this question.
Referring to the supposed case Of the application
of Kansas to be admitted under Constitution sub
miited to Congress without reference or pretence
of reference TO popular ratification, Governor Wire
has denied the right of the Convention as question
of power between the Convention and the people, Il
proceed 10 the unauthorized enactment OF the Constr
tuition; he has commended that such an attempt by 'h
Lecompton Convention must prove injurious to the in
teress of the South. and has implicitly asserted the dis
cretiouary power Of Congress in the case supposed
Further than this he has not pushed the question
theoretical right.
He bas moreover, assured us that, under the cir
Gums ances of ths case he would recommend th'
Immediate admission by Congress. Here is his OWL
language -
at Is true that he (Mr. HuNTKR) ens to be opposes
TO the submission of the Constitution Of Kansas by he
Convention to the bona hdc inhabitants and legal vote,
are silent about the power OF the Convention IN THIS re
spec that II the Convention WAS not ezpressly resrnI"s
from proclaming whatever form they adopt as me con
claim IL, aud send 1t to Congress, without submitting
to the people know that there are precceden,s for thi
exercise Of power BY Conyentons but the ar
in their inception cxccptionnbs and the doctrine
which uphods them is, in my humble opinion, an!i:demo
cratic The true doctrine IT, that me poprs not degatt
bu The peop are reserved them. THY may grant such
power TO the Conventions but II not granted rfssrred
that Constitution, formed and proposcd by Conven
ou which Ia but representative body shall be submit
ted to the people, who alone Sovereign The Convcn
ton TO form Constitution 10 not sovereign or supreme
Tho act Of making State is the highest act OF sovereign
power and is the o. humanity next highest to tina
of Deity, in making being OF any sort The act Is N
less han to create souereisnty tseJ. As Democratic
Republican, then. would never delegate conventions
powers to any body Of agents to create state wIthou
recurring them submit the act to their principals TIT
pcopls In l776 an unauthorized body OF patriots Assem-
bled at williamsburg constituted themselves Conyen
dom and formed and proclaimed Constitution for Vlr
pina without submitting 1t to tho votes OF the Coonss
But reroluton began In that way. There was no tim,
and no opportunity to poll in moment Of rebel
llon under tho domination of British arms
THE masses never did mako revoution-never Cal
and never will A devoted and sefsacrifcing few mus
ever take tho initiative and lead the frat movements
resistance 1t required Patrick Horny to seize the pow
III thA ffnpva Mi n M
matched liberty for the people, rather than Constitution
from them In such times inter orma silent t9f' Ih'
salus popuH then the plea and the Justification bu
what does the sdlus popnh call Tor IN piping times
neace when there are none make afraid at the POLL
of Rcpubici Why very different rule and order o
proceeding when there time and place and opporuni
ed In their assemblies and votes Accordingly when Vr
gnia formed Constitution second time IN le29.o, aho
third time In l50l, the form adopted by the ConVen
ton In both instances submitted to the legal
ave more TO The np rioters created by e ncp form bor
itself adopted That the people snail OF rgnt Judge
for themselves the polls, of their own organic law un
less they expressly authorize agents to make una u
adopt Constitution for them, 10 principle for which o.
member of the last Convention OF virginia. woule
have commended as srenuousy did tor any other pm
sPe Of popular soye1srn or bv be people t.
the Convention OF Kansas Yet 1t upon precedent tne
Convention of Kansas adopts Republican form Oh STATE
Government, and reports to Congress, Without .uo,n
ting II TO the people, agree with Mr. Hunter IN accept
ing il and voting TO receive Kansas as StSe-saV'
or iree-into the Union. And whyt Because. hrst
Of precedent, and secondly, whether IL oe accePles
or rejected 1t has to be submitted, or is sIeee
at last In either event, to the popular will II ma)orit!
do not approve of the Constitution, they may orssnz'
smother Convention Immediately. and adopt any Re
publican FORM after they are once state sa1m 'aO
hitting il at all 10 ConSre. The question now ~ tnen
not whether Congress should adopt or reject the con,
but WHETHER 1T ouoHr NOT TO BIZ SUBMITTED TO rHI
PEOPLE BEFORE sysxrrrED TO CosoaEss mne =
the bocr policy for the prosavery party to pur,uc'
submt the Constitution 10 the people, and nave
an end of the agitation. u continue the shreks lo
freedom while onser II majority Of the legal voters
are opposed to the plan Of government proposed ny h
Convention their voices ought to prevail; constuhons
form ought not to be imposed upon the and 'annot ot
but for day. and thoir sovereign power ought not 70 DC
snsched from them for Amomen II Congress enouie
AID AND Asgr CosvEsTIos IN DOING so, WOULD MOI
CosoREss BIZ INTERVENING AGAINST sos-isrEhvEsTios
And if majority IL in favor Of the form proposed tne
Will prevail and the controversy will end II strict i'm
paraty justice and fairness are observed tho people
viii not be inc ensed but IL minority shall abuse the ad
ventous advantage OF organized Convention 10 sene
their Constitution to Congress- without first submitting
TO the people they will be goaded by indignation to act
of violence they will tear the Constitution INTO taei an
ii MN.