Year: 1859

The Express, alluding to Judge C"rFey
speech at Yreka, says


ain his speech at Yreka on the 18th, he express,


y declared that the right oil the people ofa Terri


tory to form their domestic institutions in their
own way is an Inherent, an inalienable right, of
which the people themselves cannot deprive them
selves That's their doctrine, Constitutional pro-
Visions according to them, cannot alter the case.
Aheir right is absolute. They are above the Con-
sttution, and anything in that instrument to the
contrary could not affect that right. Here is
Higher Law doctrine IN its most odous FORM
They do not recognize the sanctity of the Consti-
tuition. They spit upon it and trample It under
foot, whenever it conflicts with their sentiments


Does the Express undertake to say that the
right of the people to form their domestic in.
stitutions is a right which is not recognized
by our Federal Constitution? Truly, that
paper is coming to pretty pass


Judge Currey's position at Yreka was this
as stated in his speech He defined his posi-
tion in connection with the question of the
Leeompton Constitution, and when speaking
of the organization of a State Government
He said:


CAS- long as they (the people of Kansas
were a sovereign people, the Convention
(that is the Lecompton Conyention) could
hold to the people the position ofa committee
empowered only to draft a Constitution, not
to create one, because the sovereign alone
had the mower to establish that fundamental
law which should be their rule of action and
the paramount law of the land. Why, the
Kansas n Nebraska Act said That il was the
true intent and meaning of this Act (Kansas
Act not to legislate slavery into Territory
or State nor to exclude it therefrom but to
leav, the people thereof perfectly free to
form and regulate their domestic institutions
in their own way, subject to the Constitution
of the United States That Act was passed
in 1854, and was simply an enunciation of
principle that has existed as long as our Gov
eminent. 1t is an Inherent an inaienable
right, of which the people themselves cannot
deprive themselves"


With this doctrine the Express takes ISSUE
for it especially confronts Judge Currey on
this part of his Yreka speech. According to
this, then, the Express believes that Congress
has right, if it sees it to frame a State
Constitution for the people of Territory and
set in motion for them complete State or
ganzation, it being only an act of sovereign
eondescension Oh the part of that body to al
low the people to do this thing fo- them
seves. Now, we contend that the Democratic
doctrine is that no other power but that of
the people themselves can assume to organize
a State Government, that the sovereignty
which is embodied in State Constitution
must come alone from the people who are to
live under it, and that the right to frame such
an instrument is, as Judge Currey says, an
inherent and an inalienable" right The
Express seems to think it is not but only a
donated right, benevolently bestowed upon
the people by the Federal Governmental
sort of gracious privilege which may at any
time be withdrawn or cancelled.


And yet the paper that thus wars upon
doctrine "as ancient as free government it.
elf aspires to be called a Democratic jour
lal