The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-01-28

ConstltuuonE Let US see whether in the action
of the Convention which formed it, and of the
President subsequent to its formation, we have
no evidence in confirmation of the opinion have
had the honor to express in respect to the designs
of the Federal Executive; and also let us OBJ
serve how sadly the expectations of the real
friends of popular sovereignty must have been
disappointed in the Administration which could
not have had an existence but for their almost
superhuman exertions.
Let us consider, in the first place, as to the
constitution of this Lecompton Convention.
The President and his friends contend that il
was fairly constituted, and fairly represents the
people, and the whole power residing in the
people and, therefore that it was unnecessary
to submit their work-to wit, the Constitution
which they had framed-to, them, for their rati-
fcation or rejection. He says the law for its
constitution "was, in the MAN, fair and Just ;
and it is to be regretted that all the qualified
electors had not registered themselves, and voted
under its provisions"
Sir, what are the facts? In answer to this
question, will produce no uncertain testimony
and, in the main, will rely upon witnesses whom
the President is estopped to impeach, and
whose testimony was in his possession when he
made the statement which l have quoted. Let
US see what Governor Walker says upon this
point, in his recent letter to the President:
That 1.-THE Lecomponl Convention had vital. not tech
meal defect, III the very substance of organization
under the Territorial law which could only be cured in
my Judgmen-as set forth in my inaugural other
dresses-by the submission of the Constitution for ratf-
cation or rejection by the people On reference to
Territorial law under which the Convention was Assem-.
bled thirty regularly organized counties named
election districts for deleg the Convention
each and all ofthese counties twas required by law that
census should be aken and the registered and
when this was completed the delegates the Convention
should be apporoned accordingly In nineteen these
counties there was no census and therefore there could
be no such apporonmen there of delegates based upon
such census And In fifteen of these counties there
no registry of voters.
These fifteen counties, including many of the olde
organized counties in the rerritory entirely dsfra
chised and did give ard 10y fault of their onn)
could lot give solitary for delegates 10 the Con-
ven,on." Nor could il be said these counties
acquiesced for wherever they endeavored by subse-
quen census registry of their own To- supply this de-
feet occasioned by the previous of the Territorial
officers the delegates thus chosen were rejected by the
Convention
repeat that in nineteen counties out of thirtyf -four,
sere In fifteen counties out of thirty
gire, could be gire for delegates to the Convention
any Of these Surely, then, it be said
that such Convention, chosen by scarcely more than
the present in Kansas represented the
people of that Territory and could righully impose
Constitution upon them without their CONSENT
The failure to vote, says Governor Walker,
who knows what he says, and proves it, was :" no
fault of their own" Again, in fifteen counties
not solitary vote could be given" yet the
President regrets that the qualified voters had
not registered themselves and voted
Upon this point, Secretary Stanton, who is no
Free State man or Republican, but Pro Slavery
Democrat, as he himself has told US, says
"The census therein provided for was imperfecty OBJ
tanned from an unwilling people III nineteen counties OF
the Territory while the remaining countless being so
nineteen in number. from various no attempt was
made 10 comply with the law In some instances people
and officers were alike averse TO The procs, dinos in
Others the officers neglected rsed TO act and in some
there was but small populations and efficient
zation enabling the people 10 secure representation in
the Convention"
There was no remedy whatever for these men
who had not been registered, as was proved by
actual trial. The case is not left to conjecture
but stands on evidence and here it is, in the
and protest of the people of Anderson
county, Kansas, which | hold in my hand and
which hope you will all read.
Mr.. Chairman, thus it appears conclusively,
and from authority which cannot be disputed,
that the people of fifteen at least of the thirty
four counties in the Territory were not and could
not be represented in the Convention Nearly
one-half of the people in the Territory were de-
prived of the right of being heard in the choice
OF delegates who were to exercise the highest
powers of sovereignty. In one county in which
there was no registry, the people did all they
could to be represented in the Convention. They
held meeting, at which they voted and elected
delegates. That these delegates were the choice
OF the people of the county, and were elected
with as much regularity rs the circumstances of
the case would permit, and that the county was
entitled by its population to two delegates, are
facts which do not seem to have been disputed.
Yet these delegates were not received. If they
had been, the whole action of the Convention
might have been reversed. The Constitution
was adopted, if l am not misinformed, by ma
jority of only two votes. If the Anderson dele
e-'oD, "IO "vu,a h"ro up. v''e"'cu naly Or
the people of Kansas as any two members of the
Convention, had been allowed to vote, the Con-
stitution would have been rejected. They were
not permitted to vote; the Constitution was
adopted, and is claimed TO have been the sover-
eign act of the people. 1t was such thing.
The LecOmpton Convention did not represent the
sovereignty of the people, for it did not emanate
from the people; therefore the Constitution
should have been submitted to them in such
manner that, if they did not want it, they could
reject it.
But this has not been done. Let US place our
selves where the people of Kansas were on the
2lst day of December and we shall find that
they cannot vote upon the Constitution made bv
that Convention at all. Nine out of every ten of
them may dislike it; they may object seriously,
and upon principle, to many of its provisions ;
they may not like the power to establish a mann
moth bank; or they may wish to reserve to the
Legislature the power to grant divorces although
their business, and they have right to be heard
on it j they may object to give to Johnson county,
with four hundred voters, as large representa-
ton in the Senate as is allotted to Douglas county
with two thousand they may desire to be permit
ted to vote for adopted citizen for Governor al
though he may not have been naturalzed for the
full term of twenty years. But, under the Lee
compton schedule, they have no opportunity to
vote on any of these questions, or to say that
rather than have the Constitution as it is, they
will have none. The Convention only permits
them to say whether slaves may hereafter be
taken into the State or not.
The President and his friends in the Senate,
Mr.. BIGLER and Mr.. FITCH, admit that the ques-
ton of Slavery should be submitted to the peo-
pie. But even this has not been done. The
people are not to say whether they will have
Slavery or not, but only in what way they will
have it; only in reference to the future sources
OF supply; or an other rords, they are to be
ailo~ed TO sag achether not they ,ciH gre to
The business Of slace-6reediag, withm the State
the adcdntGge Of absolute protection against for
eign competition. Vote any way the people can
and Slavery is fixed in the State, and for
ever, or until the Constitution shall be over
thrown by revolution. The increase of the
slaves in Kansas are protected by the "Consti-
tuition with no Slavery" and there is no pro-
vision by which, Under the Constitution, any
changes can be made, hereafter, to affect the
condition of the slaves now within the Territory,
and their descendants. Not only till 1864, but
to the end of time, is the existence of Slavery
secured by this Constitution. Though the Soon
stitution with no Slavery" be adopted, it wiz be
with the condition "that the right Of properly in
slaves, now in this Territory, shall in no manner
be interfered with; and it respects the futare
under this Constitution, it is provided that after
1864, when the Constitution may be altered in
all other respects, "no alteration shall be made
to affect the rights Of property in the ownership
of slaves" Thus the people are to be bound,
hand and foot, and few interlopers and mis-
creants, assembled at Lecompton, in 1857, will
onfr fl,n,, L..