Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-03-27

so. do not believe ii is to be considered 50. Some
gentlemen, on the other hand, maintain that, I'M
der the Kansas Nebraska act, the convention were
bound TO submit the constitution TO the people for
the popular suffrage indeed, that IL is the right OF
the people to have every convention submit every
constitution TO them. l do not agree TO that doc
trne. The people are too sovereign TO be required
TO do that They can confer upon convention
the power to make constitutionthat shall be good
without reference TO any other power. The SOW.
ereignty over the Territory is in this Government.
1t belongs ~ the people Of the United States, one
and all. The people of the States own it; and
they are the real soveregns of the Territory, and
we, as their representatives. They have no more
power in the Territory than we give. They have
no government but what we give. 1t is not in the
nature of things that they should have. All squat
ter sovereignties, and sovereignties of all sorts,
vanish before the sovereignty of the people of the
United States.
But the President says, in reference to this Kan
sas constitution, that although il contains pro-
vision that after 1854 convention may be called
to change it, the people eau, nevertheless, change
it before that time. That is 10 say, the people, by
their "rresstible' power at any time, notwith-
standing the provisions of their constitution to the
contrary, change il as they please. Sir, the Presi
dent of the United States is very high authority;
but it is, in my humble Judgment, very dangerous
not bind themselves by constitution thought
that was one of the great virtues and purposes ofa
constitution. We admit them to be sovereign.
Why cannot they make what sort ola constitution
they please The constitution which sovereignty
makes in all its parts and in all its purposes, must
be the rule Of conduct for all. II cannot be abol-
ished, except in the manner prescribed and pointed
out in the constitution ITSELF if any manner is pre-
SCI bed.
If the Presidents doctrine on this subject be
true, what becomes of the Constitution of the Uni
ted States? Instead of following tue mode ofamend
ment prescribed in the Constitution, the people, by
their Irresistible power, may in any other manner
at any time, change the whole frame of our Govern
ment There is not State constitution in the
Union that does not impose some restraint as to
the manner Of change What would constitution
be lift were just as liable to change as any ord-
nary act of the Legislature? 1t would lose its
character. Those who talk to the people about the
unlimited and illimitable power they possess are
teaching dangerous doctrine. That is a sort of
sovereignty which the people cannot exercise 1t
may be made very latterng to their ears but it is
impracticable in the nature of things. 1t cannot
be exercised at all. The people exercise their
sovereignty through agencies. They must exercise
it through representatives and governments they
only exercise it safely through constitutions If
they could not make constitutions bind themselves
their sovereignty never would be safe. If it were
not invested in constitution, it would be con-
stanty escaping into the hands of some of those
gentlemen who could talk most eloquently to the
people about their irresistible sovereignty. That
would be the end of that sort of sovereignty in the
people.
The people must understand that their sover-
eighty, their practical sovereignty is to be exercised
through representatives aud delegates, over whom
they to hold the proper control; and to hold
that control, and to fix and make permanent and
operative their sovereignty, they must put it in the
form Of constitution. That is the only security for
popular sovereignty. Therein it exists, and therein
alone can it exist practically 1t lis not true that the
people cannot bind themselves, and are not bound,
by the restrictions of their constitution. They may
rebel against their own constitution; they may
violate their own law and constitution, just they
could violate the law constitution of any other
people; but it does not follow that, because they
could do that, they have not created political
obligation on themselves by a constitution only to
amend that instrument in the guarded, temperate,
gradual method which the constitution may have
provided for and prescribed
Sir, am sorry to have occupied the time of the
Senate so long can say, with the President of
the United States, that this important occasion
have endeavored TO do my duty, with full sense
of my responsibility tony God and 10 my country.
Under the conviction that the best results to be
obtained under the present circumstances, unless
some material amendment can be made to the bill,
will be attained by rejecting this constitution /
shall give my vote against it but so anxious am /
to conclude this subject that intend, before it is
finally acted upon by the Senate, 20 propose an
amendment. This would not be the proper time
to offer it, am not prepared now TO offer it: but
the effect of it will be to admit Kansas into the
Union upon condition that this constitution of hers
be submitted to a fair vote of the qualified cleo
tors of Kansas to be ratified by them; and If 30
ratified, the President, information Of the fact,
shall proclaim IL State of the Union without fur
Their proceedings; and, II it be not ratified, to
have new constitutional convention convened.
My amendment will be enabling act in effect,
but admitting Kansas for the present.