The Washington union., 1858-02-04
son.tit.tlo q the united State. and hs provisions

r
Nov, had the bill stopped here had it gone no fur
ther there might be ground for the objection tha
additional legislation by Congress is necessary For tn,
bill might guaranty to the people admission as State
aud the right Of forming their constitution and yet
serve to Congress the llimporant power of determining
wAm the people had attained sufclent maturity and
growth TO at them for the enjoyment and exercise OF th
highest and most glorious right Of selfgove,nment II
might reserve to itself the power of determining who
should constitute such people who should he the quail
flied voters and In short of prescribing all the steps
preliminary to call of the convention OF the people
y Congress might well have reserved all these high and
delicate discretionary powers to herself and there might
he some ground for claiming them in behalf of Congress
had the bill stopped with the cause which have quoted
But. unfortunately for the enemies of Kansas, the bill
does not stop here 1t goes to confer the most ample
powers the territorial legislature In section twenty
two, after providing for the frt election it says
But Thereafter the ,nes places and Of holding and
d"etno an elections by the people shall prescribed
Again after providing for qualifications of voters for
the hrst election, II says:
qualification voters Of holding ONCE =, ali
acnt elections shall be such shall be prescribed the
legislature"
In section twentyour 1t il further enacted that the e
gsatiye power Of the Territory shall extend to all y.,
smyos Of Liquidation consistent with the constitution
These clauses taken together embrace the entire sub
ect in dispute and vest all powers connected Herewith
in the territorial Legislature What can be more clear
and rghtfu subject Of legislation than to determine the
time when people shall emerge from their condition Of
territorial puplage into that of State sovereignty of call
ing convention of the people, prescribing the q,alica
on OF voters and arranging the usual details pepaato
ny to the application for admission State Indeed
sir according to the welsettled maxims of civil law no
people undertake to form abolish constitution
except In obedience to the invitation Of the
existing legislative authority 1t in this view that
Congress has delegated these high and important matters
of legislative discretion to the territorial
You may take up any enabling act passed by Congress-
and yon cannot find provision in it which is in
volved either in the specific grants general delegation
of powers contained in the Kansas bill
The conclusion which the language of the bill author
ICES IL strengthened and sustained by its history When
this bill first reported it contained the usual power
which you hnd IN all territorial bills OF congressional
Veto revocation repeal OF the territorial laws but
stricken out and the bill became law with no res
crvation Of power to Congress touching this point
limiting the broad grant of Jurisdiction to the territorial
legislature over all rghtfn subjects Of legislation If
the language Of the bill and its history could leave any
doubt to the correctness of this construction it would
at once Ike removed by to the debates when
the bill was pending in Congress- The speeches of both
friends and epcte with the proof of what say
could quote from the author OF the bill and from its
supporters In this House to show that their object was
to transfer to the people of Kansas the entire control
over her internal affairs including slavery nntramelled
by any congressional legislation But, sir, it is
cessary
1t may be said that II this construction be true the bill
embraced two entirely distinct and dssmar subjects ono
organizing Territory and the other providing for the ad
very objection was made to wit that the bill against
all regular parliamentary procedure And distinguished
gentleman from Missouri after exhausting his powers of
invectiye, like in fight reserving his most potent
weapon for the last blow threw at the bill an imnese
word which sent venerable Secretary of State stun
ned and reclng to the dictionaries He said it was fam
But the trainers of that bill were not af-
ter parliamentary symmetry harmony of outline
as. object was .o settle great Questions Of strife which
compact and durable structure the equality of the states
the authority Of Congress and the glorious right Of self
to build platform which the rights of
every section in the Union might rise above the turbu
lent waters Of sectional STRIFE and proudly defy all the
attacks Of fanaticism. In confirmation of the view
have taken desire to invoke the authority of the dis
tngushed pubcist and urist who Is lending his in
lence to the enemies of the South and of Kansas Mr.
Robert J. Walker, in his inaugural address governor Of
Kansas, speaking Of the Lecompton convention, says:
Of the territorial legislature created and still recognised by the
hory and clothed by the
territorial legislature then assembling convention wcrc fully
sustained by the act Of Congress-
Again he says
people Kansas them arc invited by tho highest authority
cosnoa participate, freely fairly
ton delegates to frame constitution and State The
right suffrage compel performance that
duty Throughout whole unon and wherever
those who do for them that contingency the
as vs. s. M 81 w. ana Nc.
do though all had participated in the election
1t il true that the distinguished author of the bill de-
nies that 1t confers any such power And yet the very
ground upon which he rests his opposition to the adms
son Of Kansas to break the moral force of this de-
nial His position is that the Kansas bill intended that
the constitution when adopted should be submitted to
direct vote Of tho people, that this its intent and
meaning Now sir if the bill went far to prescribe
the mode Of adopting the constitution, it certainly contcn
plated the framing of it, A constitution cannot be ab
n1ned to the people until it is formed
Having demonstrated that this convention, assembled
to form the constitution possessed every attribute hereto
tits easy to refue the objection that before it present
valid title this Congress- 1t should be first submitted
for adoption rejection to the people not to the people
whose delegates framed it, but to them and such settlers
may have into the Territory during its progress
to completion In order to show how empty and ridcn
Ions the preexs for rejecting Kansas propose to
give this argument In the language Of its author Speak
compton, the distinguished gentleman to whom refer
Mr.. DouoIAsl says
The say
had been recognised by the
legal or valid On the he know,
rtorics authorize the Kansas
consultation for themselves Subsequently the from Georgia
[Mr TooNH brought forward substitute bl which,
having modified by him and myself passed
by the Senate II is the country
people Territory assemble convention
and their admission Into the linton
That BILL well known House
Representative matters not Tor the purpose @ this argument
whehcr had reference the then existing
presidency whchcr open the slavery question
out whether because hcre people enough
TO justify the formation of state nnter what the
people right form consultation and
state government at this time
Proceeding then to discuss the power Of the territorial
Legislature to call convention he concludes follows