Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-02-27
To John w. Forney and others.
FROM SENATOR DOUGLAS.
WASHINGTON CIrr, Fs,ruay

WASHINGTON CIrY February G, 1883.
GENTLEMEN: | regret that my public duties here
will not permit me TO be present and to participate
with the Democracy of Philadelphia in their demon
straton against the proposition TO impose consttu-
ton upon the people of Kansas against their will.
That the Lecompton constitution is not the act of
the people of Kansas and that it does embody the
popular will of that Territory, is conclusively
and undeniably established by vote of the people
taken at fair election held the 4h day Of Janu-
ary 1858, in pursuance of law passed by the Terri
torial Legislature established by Congress.
The idea that the Lecompton convention, clothed
with other authority than that which il derived
from the Territorial l., gisafure could ordain con-
suon and put II in force without the consent OF Con-
grcss and in defiance and subverson Of the authority
Of the Territorial Legislature established by Congress-
is too preposterous TO admit of argument Under our
political system IL requires sovereign power 10 ordain
aud establish constitutions and governments. While
Territory may and should enjoy all The rights Of
sefgovernment in obedience 10 its organic law il
is a sovereign power. The sovereignty Of Ter
rory remains in abeynnce, suspended IN the United
States, in trust for the people when they become
State; and canuot be withdrawn from the hands of
the trustee, and vested in the people Of Territory
without the consent Of Congress. The last Congress
having withheld this assent by refusing TO pass the
bill recommended by President Pierce to authorize
the people of Kansas to form a constitution and State
government when they should desire il and have the
requisite population, the sovereignty Of Kansas still
reiDa ms in allegiance, without any authority Of the
Territorial Legislature TO transfer IL from the United
States and vest II in the people Of the Terrific ry
without the consent Of Congress.
Hence, repeat the Lecompton Convention pos
sessed just such authority the Territorial LcRs-
laure was competent TO confer and by the terms Of
the act, did confer upon IL, and no more
The Territorial Legislature did not endow the con-
yention with sovereignty for it had none to impart
II did not besow the power of legislation for by
the organic act II was vested with the Legislative
power of the Territory, without the right 10 delegate
Il to Con enton OF its own creation. Hence the
la ot,lv A.
derived from the Legislature, TO collect ascertain and
embody the will OF the people Of the Territory upon
the subject Of admission into the Union and 10 send
the same as memorial TO Congress, under the clause
Of the Constitution Of the United States which secures
the right peaceaby to assemble and petition for re-
dress Of grievances.
Such memorial, even if it embody the form of
State Constitution, Congress would be at liberty TO
accept or reject according IL fairly represents OF
misrepresents, the will Of the people Of the proposed
State
The Territorial Legislature just elected by the voice
and votes OF the people Of Kansas believing this Le-
compton memorial or Constitution 10 be a fraud upop
the wishes and rights Of the people Of Kansas as
sembled and passed law submitting the instrument
TO fair vote Of the people the 4th Of January last
which ELECTION majority OF than ten thous-
and votes were recorded against IT,
With what show Of justice or fairness can Il be
conended in the face Of this vote that the people OF
Kansas do not and hsve not in the most solemn
manner known to the laws repudiated the Iecomp-
Us u WICKED fraud upon their rights
| and wishes2
The enormity Of this Lccompton scheme should no,
be concealed under the plea that the convention de.
cared the constitution 10 be in force Ms the finda.
mental law OF Kansas, without submission TO the peo
pie, except the slavery article and that consequently
the authority of the Territorial Leg stature was super
seeded on the 2lst of December last The convention
had no lawful authority TO supersede the organic act
OF the Territory, by establishing State constitution,
without the consent of Congress. The attempt was
not only unlawful but If successful, would amount to
rebellion against the lawful authority Of the United
states The power Of the Territorial Legislature was
as complete on the 18th day Of December last when
u passed the law submitting the Lecompton coustitu-
iion TO the vote Of the people, it the 18th of
February, 1851 when it passed the act calling the
| Lecompton convention.
As the convention possessed no power, except what
II received from the Legislature, IL could do no act
subverting or imparing the authority of the IeCis.
lature.
Hence the act Of the Legislature submitting the
whole constitution to the vote of the people, was lust
as valid and binding upon the subjectmatter a. ths
act Of the same Legislature calling the convention into
existence.
The conclusion is inevitable, that the Iecomptou
Constitution does not aud never did, possess any