The Washington union., 1858-02-04


would become absolute sanctioned by the del
egstes
/ go further / boldly maintain that wisdom, prn
dence, and policy demand that the delegates should
be entirely untramnicled in framing the iundanente
law The people in cannot deliberate upon con
stution adopt what is good and amend what is fault,
In it, They must adopt or reject 1t In the entire
and thus, account of objections to single clause
they might reject the most admirable constitution
devised by the wisdom Of The radical error which
underlies the whole argument OF these gentlemen
is this they that there Is general agreement
OF opinion, collective sentiment Of the people, as
na to what shall he the principles and provisions Of
their fundamental law. and that this sentiment
is to e ascertane only by direct vote Of the people
And yet SIR, such might result in grave and
capital deuson If method could be devised for col
lecng the opinion OF each citizen upon each clause OF
constitution, the dvesities of sentiment would be
equal to the number Of voters and perhaps greater The
theory of ratification however, does not allow to the
people the right Of framing constitution offer
ing amendments and notifications They only, like
a witness examination, yea' may ("
And repeat, constitution which might stand an inn
pershabe monument OF human wisdom could be voted
down by an immense majority, Of which each individual
member might be in actual minority the particular
subject of his dissent, Such process far from
evokng the general pervading sentiment Of peOplen
what shall be their fundamental law, may sgnally fail
In clicitng the true view of q single individual
Sir, admit that direct vote of the people il fair
test OF their WILL when you submit to them single iso
lated proposition such the question of excluding
slavery submitted by the Kansas convention But whether
IL the best mode not depends upon circumstances
II depends for instance upon the number voting the
vote for delegates Now, far have observed the
elections in which the people manifest the least interest
those in which they called upon to pass upon
stitutions and constitutional questions 1T is not the
way the people choose TO exercise their right of selgov
ernment In the ancient city of Athens where demo-
cratic absolusm existed in its purest FORM the number
Of citizens entitled to vote amounted to about twenty five
Thousand persons and yet not more than five thousand
Ah.x t,xo
And questions OF ostracism six thousand votes
sufficient II you will consult the poll books of the diff
fcrent States OF this Unon where and propositions
claim the sufages of the people at the time, you
will generally find that the get three votes where
the proposition gets / could call attention to
merous instances of this kind which have fallen within
my observation
We accordingly find that nearly all writers govern
mental and social science representing every class Of
opinion Except few mad redrepublicans of Ger
many and France,) unite in condemning this theory Of d.
rect appeal to the people Monesqueu in his Esprit of
Laws, speaking of democracy, says
people whom resides the supreme power oeh, to do
themselves whatever conveniently they and whathey them
The people are extremely well asaHsd for Choosing ose whom
they are 10 entrust with part Of their authority.
Should doubt Of the peoples natural ability the
ieernmont Of merit need only the continual
Ie h q 81 nns sn s0s @ e ey the % and .
manage intricate affair 70 find out and make Of
choosing though they sufficiently qualified to be The
straion incapable of the administration themselves"
"A distinguished senator has laid down the proposition
that, under the power to admit States Congress is
forced by paramount duty to that the constitution
OF State asking admission into the Union imbodies the
will Of the majority Of the people Sir hold that
constitution presented by the regular and legal
tued authority conclusive upon Congress the will
Of the people. We will not allow any such issue he
presented We assert the right of the people to form
fteir ffteir Gayslnmsnt but we hold, and think have al
their sovereign will is people acting by their chosen
delegates in convention assembled Tho federal govern
ment and half of the States of the Union formed
in this way and they need no Improvement from the
constitutional tinkering OF this day.
To object that the convention may have abused its
powers, and that the constitution should be submitted
direct popular VOTE in order that it may he ascertned
whether it accords with the will of the people is to beg
the question: and to strike ut the very root Of all const
tutonal and legal authority 1t is objection not to
the constitution of Kansas alonc but to the very genius
and framework of all representative government Upon
the ground that constitution framed by delegates
should be submitted to the people, it may also be demon
strated that every law enacted by Congress- by egis
lature and that every verdict by jury, decision of
court should likewise be submitted for the approval of
the people Sir delegate msrcprcsent the people,
senator representative may misrepresent his consu
ents but the remedy does not Lie here in this central power
of the republic, (more liable to abuse than any other)
it lies in the hands of the local constituency whom
the representatives Immediately responsible And here
lies the efficacy and power of form Of government
The direct responsibility Of rulers to their consu-
ents, the right of suffrage among the people, aided by
press the ris asecdr1 nature of political system
sufficient to remedy every disorder and throw off every
mpurity without resoting to violent rreguarity and
revolutionary action.
When State applies for admission Congress Is bound
to subject her to restrictions except such Congress
may consutonally impose upon the States already
posing the Union There is but one limitation which
you are bound to impose and that is that her form OF
government should lie republican But under the power
to guarantee republican form OF government you have
not the right to range with unlimited discretion through
every provision OF her constitution interfere with her in
teal and local distribution Of political power adjust
questions Of majority and minority lay down arbitrary
rules OF to what constitutes republican
eminent and by compelling her to conform TO them to
substitute the will of Congress for hers to what shall
original thirteen States pretty ir tests to what
stutes republican government Can any say that
the Kansas constitution, tried by this test the only
which you righully apply, is not republican form
of government Where is the feature in it contrary to
republican institutions, repugnant to the para
mount constitution of the Union
| We are told by distinguished gentleman that he
would spass FORMS ceremonies, and organizations
to get down deep to the will of the people," Sir the
will the people ooiy be obtained through these
FORMS ceremonies, and organizations and the structure
of is intended to provide these and
organizations through which the people speak authcn
cally and authoritatyey What he mean by passing
and dscgardng these forms The constitution of the
United States is form. Times places, and manner Of
holding elections and qualifications Of franchise
forms, through which the people exercise their power
This matchcss government sprngng from the constitu
ton and the division of power between the federal and
State governments, IL but organization. Would he
all these get down what he proper