The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1858-02-20

declared and admitted and recognized IN tn
people the right of self-government, to forr
and regulate ali their domestic institution
IN their own way, consistent with paramount
law.
i Under this law they were formed into a
organized Territory; and under territora
law they formed a Convention to make
Constitution of State Government, with
view to admission into the Union. All TIM
was Legitimate; and, as to how the election
Of members of the Convention should b.
held, and how contested elections were I,
be determined-all matters of this sort wert
left to themselves, without the right of in
tervention from any quarter. l avoid in
| quring into the frauds which may have
been perpetratcd, and which, doubtless
were perpetrated, on both sides, in the
election to constitute convention.
! But that body, however legitimate OF
however fairly or unfairly constituted, was
not empowered to make Constitution and
| to proclaim it, without submitting it to the
people before it was submitted to Congress
as the act and deed Of the people Of Kansas
And herein is the first point Of difference
with the President. lie says that If the
Cow entiOn was not prohibited in proclaim
ing it without submission to the people,
they had authority to proclaim it. l say
that it is settled Democratic p inciple oi
American institutions "that tye polcers not
delegated by the people are reserred TO them. "
But this point Of difference does not arise in
this case; for, as | will show presently,
whatever power the Constitution had in
this respect they did not pretend to exer-
else it or to claim it, but as a representative
body and not primary, submitted the work
OF their agency, their Constitution, to their
principals, the people.
In my letter dated 18th of November, ad-
dressed to the editors of the Richmond En-
quireT, took the authority that there was
no authority delegated by the people to the
Convention Of Kansas to proclaim Const-
tuition without submitting it to the people
for ratification or rejection by them; "yet,
sad that, "if upon precedent, the Conven-
ton Of Kansas n republican form Of State
government, and reported it To Congress,
mitYout submitting 1t 10 the people," agree
IN accepting it. AID receiving in Kansas
as State, slave or free, into tn Union"
This letter was written on the 18th OF No.
yember, 1857, and on the 2ith OF the same
month, five days afterwards, | saw for the
first time, published in the Richmond En-
quirer. the schedule Of the Lecompton Con-
stitution.
The publication OF this document pre-
sented the subject Of 4 new phase, adverted
TO by the President in his message of De-
cember, 1857. The result of the election in
Kansas had still TO be ascertained. and Ger
tainly it could not be clearly said what were
the Presidents conclusions on the affairs of
that Territory. HIS argument fairly admit
ted and claimed for the people the right Of
passing on the work of the Convention, and
his conclusions seemed to be reserved. His
counsel was not dark" or double" or
dubiods; but he was uncommitted to any
practical conclusions by his December mes
sage, and suppose that the fricncs Of the
administration would be left free 10 take
ground according to their conscientious con-
victions, on full Development OF the whole
subject.
More than a month had elapsed since the
publication Of the schedule. had full time
I'M ssion 10 the people, ana was prepared TO
take the grounds occupied in my letter to
the Tamnany Society, dated the goth De-
cember last
That letter was deliberately written, was
kept in my possession for DAYS. was re-writ
ten, and put forth with 4 firm purpose to
strve the administration and the country. !
saw a formidable opposition, thoroughly or
gahized. in the Democratic ranks, opposed
to Mr. Buchsnan's nomination. bent on dri
wing from his support every Northern De
mocrat on the Kansas question, and every
Southern Democrat on the filibUsterlng
Puenta Arenas question. saw faction of
extremists who are bent on rushing the
South, slavery, Democracy and the | mon,
on the bases of the buckler Of popular
vereignty and upon the moral sense OF the
whole country, and losing the moral prest-
ige of the minority OF the Union who are
demanding justice and equality, by denying
by Justice and equality to a majority against
a minority of people in Kansas. felt that
| might interposc timely blow to save the
Administration from the dilemma Of holding
Its Northern friends to the hard necessity Of
denying poplar sovereignty and of with
holding justice and equality from the people
at the polls, in Territory where self-govern-
ment and perfect freedom of election were
guaranteed by the very act ganiZing it.
No Northern man could strike that blow
with effect, and felt the moral obligation to
strike for Justice. even to my own hurt"
saw what would be the effect upon me-
personally; that mis- representation and
abuse would follow, and many of my best
friends would condemn the apparent RASH
ness Of the act In all this have not been
But Iow that the thundcrs
have rolled over my head, and see the full
effect, even beyond my anticipations-th
effect Of special message from the Presi-
dent-his authority welded against the po
sltion which devotedly assumed for his de-
rense-I calmly survey the subject again,
and instead Of retreating, advance on the
position which I have assumed. In No
vember said that if the Convention had
proclaimed the Lecompton Constitution
without submitting it all to the people,
weuld accept it as legitimate and de .tdcto
instrument But now that it has been sub.
mitred ia the manner and form Of the 11th
and 14th sections of its schedule, repeat
the posifpn Of my Tammany letter, and
would adopt it enly subject to a fair and le-
gal uote OF the people OF Kansas, to be pre-
scribed by their Territorial Legislature-not
by Congress.
In reviewing the message, pass over all
that is said respecting the rebellion and
usurpation of the Topekaites. Their course
has been violent and unlawful in the eX-
treme claim, on the other hand, that
their opponents in Kansas have acted un-
der lawful authority; that they have pro-
ceeded under the act Of Congress and of
territnrial organization, and that up to the
poiut of the schedule of submission Of the
Lecompton Constitution to the people, their
acts were de jure and de .tacto riehtful in
the legitimate sense. But what has that to
do, legally or logically, with the issue is
the Lecompton Constitution the act and
deed of the people ?-Is its schedule rcpub-
iican?
If insurrection and rebellion were array
ing themselves against law and order IN a
Territory. all ! can say is that they ought
to have been arrested and punished long ago
by the Federal Executive Of the United
States. When the whiskey insurrection
broke out in Pennsylvania, would it have
authorized lawful Convention in that
State to have submitted Constitution to