Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-03-17
to be elected to the convention Mr.. Stanton
addressed the people as follows -

rial act which provides for assembling con ve,;on o
form constitution with The view 70 making appiica-
ton 70 Congress for admission State into TIE T.
non That act Is regarded presenting the oEy test
OF the qualification OF for delegates 10 the con-
thereby repealed. In this light the al must be al
lowed to have provided for full ard fair expression
OF the win Of the people through the delegates who
may be chosen TO represent them in the constitutional
convention. do rot doubt, however that in order
to avoid all pretext for resistance TO the peaceful on
GRAFTON OF this law, the convention itself will in some
form provide for submitting the great distractie aue
ton regarding their social institutions which has so
long atated the people of Kansas vote Of all
the actual bona de residents of the Territory with
every possible security against fraud and violence III
the constitution be thus framed and the question of
dnerence thus submitted to the decision Of the people,
oeheve that Kansas will be admitted by Congress
without delay of the sovereign States Of the
American Union and the territorial authorities will be
Immediately withdrawn"
Here Mr.. Stanton clearly admits the full
power of the delegates to be chosen to form
a constitution, valid in itself, whether it be
submitted or net for ratification. 1t is true,
he expresses great confidence that the distract
ing question, which was the slavery question,
would be sin some FORM submitted to fair
vote of the bona tide residents of the Territory,
and the firm belief that if "the question of
difference should be submitted to the decis-
ion of the people Kansas would be admitted
without delay. This is exactly what was done
by the convention, as the testimony accompa-
the convention, however, the committee will
cite but one other authority. That is speech
made by Judge Douglas at Springfield, Illinois.
on the 18th June. 1857, just before the cleo
ton OF the delegates took place.
KANSAS" said he, 'Iis about to speak for
herself through her delegates assembled in con-
yention to form constitution preparatory to
her admission into the Union on an eqnal foot
ing with the original States. Peace and pros
perity now prevail throughout her borders.
The law under which her delegates are about
to be elected is believed to be Just and fair
in all its objects and provisions. There is ev-
cry reason to hope and believe that the law
will be fairly interpreted and impartially exc
cuted, so as to insure to every bona fde inhab-
liant the free and quiet exercise of the cleo
tive franchise. If any portion of the inhabi-
tants, acting under the advice of political
leaders in distant States, shall choose to alb
sent themselves from the polls and withhold
their votes with view of leaving the free
State democrats in a minority, aud thus secur-
ing pro-slavery constitution in opposition to
the wishes of a majority of the people liv-
ing under it, let the responsibility rest upon
those, who, for partizan purposes. will sacri-
fee the principles they profess to cherish and
promote. Upon them, and upon the political
party for whose benefit and under the direc-
tion of whose leaders they act. let the blame
be visited of fastening upon the people of
new State institutions repugnant to their feel
ings and in violation of their wishes. The
organic act secures to the people of Kansas
the sole and exclusive right of forming and
regulating their domestic institutions to suit
themselves, ubject to no other limitation than
that which the constitution of the United
States imposes. The democratic party is de-
termined to see the great fundamental princi-
pie of the organic act carried out in good
faith. The present election law in Kansas is
acknowledged to be fair and just The rights
OF the voters are clearly defined, and the eX-
ercise of these rights will be efficiently and
scrupulOusly protected. Hence, if the major
ity of the people of Kansas desire to have it a
free State, (and we are told by the republican
party that nine-tenths of the people of that
Territory are free State men, there is no OBJ
stacle in the way of bringing Kansas into the
Union as free State by the votes and voice
of her own people, and in conformity to the
great prnciplesjof the Kansas-Nebraska act;
provided all the free State men will go to the
polls and vote their principles in accordance
with their professions. If such Is not the re-
suit, let the consequences be visited upon the
heads of those whose policy it is to produce
strife, anarchy and bloOdshed in Kansas, that
their party may profit by slavery agitation in
the northern States of this Union"
In this speech there is not the slightest al
fusion whatever to a subsequent ratification of
the constitution to be formed before il would
have validity; not the slightest reference to
any such construction of the Kansas Nebraska
act. The language is; kansas is about TO speak
for herself through her delegates assembled IN con-
Uention 10 form a constitutional 1t was in the
choice of these delegates that the responsible
ty was to rest upon those who, for partisan
purposes, under the control of leaders in dis
tant States should absent themselves from the
polls. That was the time their voice was to
be legally heard in the formation of State
constitution; and if they chose to be silent,
then they were to be silent ever afterwards.
They would have nobody to blame but them
selves
1t is true that Gov. Walker, while plainly
telling the people that the convention would
have full power to make a constitution with
out submitting it, also told them that, in has
judgment, the entire constitution to be framed
by them ought to be submitted to the decision
of the people, and that if it were not. in his
Judgment Congress would not, and ought not
to, admit the State under it. In this he differ
ed widely from Mr.. Stanton, and in making
the declaration he greatly transcribed his
rightful power. He undertook to prescribe
for Congress the exercise of "a right they do
not possess under the constitution of the
United States. When new State presents a
constitution for admission Congress has no
more power to inquire into the manner of its
The matter cannot be inquired into further
than to see that it is republican in form and
the mode and manner of its adoption cannot
be inquired into only SO far as to see that it
has been formed in such way as the people have
legally established for themselves. The doc
trine of Gov. Walker would be utterly sub
versive of all State rights and State sovereign
ty; for one of the unquestionable attributes
of sovereignty is the absolute right to select
rs mn nj friE ayr IN Is
will.
ii, then, upon general principles, as well as
from established usage, it clearly appears that
the validity of II constitution does not neces
sariy depend upon its having received po-
pular ratification is there anything in the
Kansas bill that varies this ease from former
precedents? On this point Gov. Walker says
'thcse rights" (that is the right of having the
constitution as a whole submitted To popu-
lar vote) II have ever regarded as fully secur-
ed to the people of 'all the Territories in
adopting their State constitutions by the Kan
sas-Nebraska bill. Such is the construction of
this Kansas act by its distinguished author,
not only in his late most able argument but
by addresses made and published by him long
antecedent to that date, showing that. this sove-
reign power Of the people in acting upon
State constitution is not confined to the ques-
ton of slavery, but includes all other subjects
in such an instrument. Indeed, believe the
Kansas-Nebraska bill wonld have violated the
rights of sovereignty reserved to the people of
each State by the federal constitution if il had
deprived them, or Congress should now de-
prive them, of the right of voting for or
against their State constitution
What part or clause of the Kansas act gave
svafncf tue ICe1 ill., OiIy
10 the people OF that Territory but +" ali other
Territories y the rights he mentions this COM
m.ittee are utterly at loss TO imagine. If
there is word or sentence in il which imbod-
les any such securities they have been Unable
to discover it ami if the distinguished sena-
tor from Illinois, who is thus tyled the author
of that bill, ever gave any such construction
to il, antccedent to his q late speech, this
committee are not aware of il. II any such
construction was put upon any part OF II dur
ing it discussion in Congress in 1854, or after