Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1858-04-15


justice under our system of government of ex
cluding me from voting upon it Gentlemen
have quoted precedents to show that it is no
necessary to have vote on the constitution
| We have been told that the constitutions o
New Jersey and other States were never sub
mitted /; and that, therefore, there is no neeC
of submitting constitution to the vote of any
people.
The gentleman from Rhode Island on my
left, Mr.. BRAYToN represents State, which
for nearly two centuries, had charter from
Charles the Second as its constitution, and il
never was voted on by the people, and for over
three-quarters of a century after the Declara
tion of Independence it continued to be the or.
ganc law of Rhode Island :; and the argument
is, that that being so, there is no need of the
people of Kansas voting on their constitution
New Jersey never voted on her constitution
therefore, say these precedent finders, why
should the people of Kansas be allowed to vote
on theirs If each of the States of the Union
had to-day constitution that was never sub
mitted to vote of the people, but was acqui-
esced in, framed by the delegates, would that
be any reason why, when there are two great
parties in a State, differing on fundamental
principles, and as to their proposed organic
law, a majority of the people ought to be de-
prived of the chance of voting upon it? We
often pass laws here by one vote, or no vote
at all because there is no difference of sentiment
on it, but is that any reason why we should
not have chance to vote when we do differ
When there is a general acquiescence by peo-
pie in constitution, then it is of no conse-
quence whether it be submitted or not but
when portion of the people demand that it
shall be submitted, are they to be told that
they are not to exercise the right of voting on
it, because some other people did not wish to
vote on theirs
There is no precedent for q constitution being
put in force, in this country anywhere, without
submission to vote Of the people, if any
considerable portion of them desired it, or if
there was any great diversity of sentiment as
to its essential provisions. That in such
case it is not necessary to submit the constitu-
tion to vote, is o doctrine asserted for the
first time in our history on this constitution
What is the difference in a law being pass
ed for people by despot, or by nominal re-
preSentativeS. whose acts are beyond the su-
pervision of the constituency
If such doctrine is to be established in the
politics of this country, we may we'll ask are
we upon the banks of the Danube and Bospho-
rus, or on soil drenched by martyr blood in its
conservation to freedom The disregard of the
people, in the refusal to submit their organic
law for their approval, if they desire it, is to
me, despotism equally odions with that of
Austria, or any other tyranny.
The people of Kansas had a right to expect
that the constitution of the Lecompton conven-
tion would be submitted for approval or rejec-
ton, not only by every consideration of justice
and the universally recognized maxims of free
government but by the pledges of all who
were supposed to have any control over the
matter.
How could the popular will be so well as
certained as by an election In no other way
are you sure of embodying it, for the reason
which the President, in his annual message,
states whya constitution should be submitted !:
1.-The election of delegates to a convention must
sary take place in separate districts From this
it may readily happen has often been the that
majority OF the people OF State or Territory are on one
side of question, whilst majority If the representa-
tves from the several districts into which is divided
may he upon the other side. This arises from the fact
that in some districts delegates may be elected by small
maortes whilst in others those Of different sentiments
may receive maiorties sufficiently great not only to
come the votes given for the former but to leave large
II
majority of the delegates Besides history proves
that influences may be brought to bear the represen
tative sufficiently powerful to induce him to disregard
the will Of his constituents"
The Washington Union of 1th of July, 1851,
held the same views as to the duty and pro-
priety of the constitution of a people being
submitted to vote if desired
"Under these circumstances, there can be no such
thing ascertanng clearly and without doubt the will
of the people in any way, except by their direct
preston of 1t at the polls, constitution not subjected
to that test matter what it contains, will be
kno%ledged by its opponents to be anything but
We do most devoutly believe that Unless the const
tuition of Kansas be submitted to direct vote of the peo
pie the unhappy controversy which has heretofore ragged
in that Territory will be prolonged for indefinite time
to come"
Governor Walker, everywhere in Kansas,
pledged his honor by the approval, as he told
the people, of the President and his Cabinet,
that the constitution should be submitted In
his inaugural to the people of Kansas, after
quoting his instructions from the President
he says
repeat then my clear conviction, that unless the
convention submit the constitution to direct vote of al
the actual resident settlers of Kansas and the election
fairly and Justly conducted, the constitution will be
ought to be rejected by Congress"
Without stopping for further reference tc
his inaugural, in which he is most emphatic OF
this point, | read from speech of his deliver
ed at Topeka, on the 9Th of June, 1851, and
published in the Topeka Statesman of the 9th
"At the next election in October when you elect thu
territorial Legislature you repeal these laws
you can, also, by majority of your votes adopt
reject the constitution presented for your consideration
next fall Can you not peaceaby decide this question in
the mode pointed out by the act of Congress if you
you and will have full opportunity of recording
! your vote voice. -" How we to get it z" Yos
tcH get it by the convention submitting the constitution Il
the pote Of The ,Dhole people. voice Who is to elec
the convention ? That is grand question.'] Gentle
men, it is comparatively small point by whom tne
stitution is submitted Don't let away after shad
ows The ereat substantial point is this Piu the uhot
people Of Kansas merit faH By fair election. ipartia
and fairly conducted by impartial judges haze oppor
tuity to decide for themselves Sohdt shall be their form
government, and Dhat shall be their social institutions