1 3
wiaWiTT Ti 1 1
,Twm,1'w"'ll'll,l'w''
5-
VOL. III.
JACKSONVILLE, OREGON, SATURDAY, FEBRUARY 6, 1858.
NO. 4.
hi .. ,u.v mi i r -fcw' irl -w x- ... rtm-
i
h
MmtitieL
TM01t
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nint Oett Intertill of Southern Oregon
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W. G. T VAULT, EdlUUSt Proprietor.
T r. n into t
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i ... ' , , i
EL DORADO
IULI.IAUD AND DIUNKIrVtt
SALOON, -
OBxni nr cuLiron.vui.NDOBKno.vcTBRKin,
JACKSONVILLE, O. T.
nr
"ii."i.Miinis'
BlLXIARD SAIOON,
Opposite I'.sglo Hotel,
KGlUlYVJLLE,iO. T.
Janusry I, 1868. i U
DBS. BROOKS & THOMPSON,
Physicians and Surgeons.
OFFICr, "Jacksonville Drug Htoro"
oppo.lte Union HoUo.
(jy-A eonitant supply bf Drifgran
l'aleiit aieuicinos mnj. -.
J. B. HARMS, W; - 'lu'r7
Lftta or SaerameBto. fan h raaewco.
iiuoj t mm
LAW OFFICE,
Corner of Montgomery aud Comfner
ctai Htrttti,
(Over Ilanki & Dull, lUnVtrs,
Sun I'rnuelico, Cnl.
JJ, J, Lsbatt, Commissioner for Louisiana
(Knusnicir
it. ii. 8xklu.no. jx: d. tobxkr.
SMELLING & TUSNEIl.
ATTOUNKYS-AT-LAW,
OHco on Toartli alreet. lMa$ .UJ
-T.iii.. oAcc. onnoiltel'MtOKce. r
""""""" - ior
k, Cal.
R. HAYDEN,
Attorney and Councilor at Lay,
WIWA. ATTEND TO BUBINUiWiin
yV tho Third Judicial iDisirl.9fOe,
1"' OFFICE
At Kerlryvllle, Oregon.
JaBUry 1st, IBM.
ltf
W. G T'VAULT,
Attorney and Counsellor at Law,
And Natair Tubllo for JbcJjooh Ont,
Will praetleo In tlm 8ipriBd (Dis.
met Cowria of thn Territory.
0-5iMiln1ng th? Printing 0w,
.T.eWwBYlllO.O.T. -ltf
D. B. BBENAI,
ATTOUNE Y-A TLA W.
o
FFICE At his. resldenM, Jackson.
vllieyU.'i" ij
T'b'e Finest
AND
.Aro Ukta by
PETER -11ITT,'
On 11 tW u' ?' 0,d !'
Luttor of lion. Robt. J. Walk
er, RcilRiilne ttio Offloo of
Governor of KnmiiN.
Washikiiton City,
Dccembr 16, 18J7.
Sin: I resign the oitlco ofGoTcrnorof the
Territory of Kansan.
I Iiato been most reluctantly forced to thin
concloilon, after anxious and cartful con
clderatlon of my duty to tho country, to the
people of Knni, to tho President of tho
United States, and to myself.
The grounds assumed by tho President In
Lhlajato message to Cougrcn, and In recent
Imtructtoni In connection nltu tlio otcnts
novr transpiring htro and In Kansas, ad
nonlsh me tb.it, at Governor of that Terri
tory, It 'rill no longer be In my power to
prescrTO the peaco or promoto the publlo
welfare.
At the earnest solicitation of tho Presl-
neni, oner rcpcaicu mu.n.s, v.ne iasi oeing
In wrltliiff I fln fill v accenlixl Ihfji nfllm.
"" "- o 1 -i
upon his letter shotting tho daugcrs and
difficulties of tho Kansas question, and tho
necessity of my undertaking tho talk of ad
justment Under these circumstances, noU
withstanding the great wcrillces to nic, per
sonal, political, and pecuniary, I felt that I
could no more refuse such a call from my
country, through her Chief Magistrate, than
tho soldier In battlo vrho Is ordered to com
mand n forlorn hopo
I accepted, however, on tho oxprCM condi
tion that I should advocate the submission
of the constltutlou to the vote of the peo
ple for ratification or rejection.
These views were clearly understood by
tho President aud all his Cabinet. They
wero uistinctiy set lortn in my letter oi ac
ceptance of this office of tho 20th ofllnrcli
last, and reiterated In my Inaugural address
of the 17 th of May last, as follows:
'Indeed, I cannot doubt that the convcn
lion, after having framed i Stato coustltu
tlon, will submit It for rntlOcntlon or rejec
tion by a majority of tbu then actual toim
futt resident sotlkrs of Kansas.
"With theso views, well known to tho
President and Cabinet, and approved by
them, I accepted tbo appointment of Gover
nor of Kansas. My Instructions from tho
Presldsnt, through tbo Secretary of State,
under iMte'or Wilt Nareh lost, avstaiu ihu
regular Lrgielature of the Territory,' In
' asmllliig a convention to form a consti
tution,' asd they express the opinion of tho
PiWdeet, that ' when wch a coMtltutloa
shall be submitted to the peoplo of tbo Ter
ritory, they swat bo protected In the wr
else of their right of voting for er BgfJast
tbatlastnirasnti and tho fair capre I6n of
the popular will must not bo Interrupted by
fraud or violence.'
I reseat, then, m y clear convlotlon,
that, unless the convention submit tho con
stitution to the vote of all the actual rest
dent settlers of KaaM, a ad the election bo
fairly and justly conducted, thueoMtttutlon
will be, and ought to be, rWtd hyiCe
unw"-;
This IiMHgaral most distinctly asserted
that It wb n6t the question of kvery mere
ly, (which T be)leved to bo of little practical
Importance then In Its afUtIoa to Kan
sasj) but the entire' isnitlWltton, which
thould Imi tubullted to the people for ratifi
cation or rejectlea. Thsse were my words
on that subject & my Inaugural i "It Is not
merely shall slavery exist In er disappear
ifromKaBM, but piall tbe great principles
of telf-gaverament ami Bam rovereignty
be BialuUI-ned or ubvertd." In that In
augupal, I proceed further to say that the
people "stay by a subsequent vote defeat
tho latUkatioa of the eeettltutUm ," I da
linato this as n "great constitutional rlht."
and add, "that tho convention is tho servant
and not the master of lho peopW
In sny oftclAl dispatch to yon of tho "d
June but, a copy o( that lan(ural address
was traascaltted to you for tbo further In
formation of the President and bis Cabluet.
No e-xeptkm was ever taken to any portion
of (bat ,4dri; on the eantwy, it Is dU
tlaetly iltt4 by the l'rWflt In, bit
nnsigt. with eewuteadable f(utkBSM,that
y (s4truetUM Ja favor of tbesubsalstloa
Of tbo oMttln,to the vote of the peeple
wew "wm1 wd Rsquallfied." Uytbat
IflMigural aad - subsequent oddreH, I was
pledged to the people of Kansas to oppose
by all "lawful means" the adoptlen of any
BMtut(ea wbteh waa sot Ably and fully
tabjallted to'tbeJr vote far xatlBoatroaw
rsieettea, These pledge I eaaaot reeall W1
vlbkte without pereeasl dlebeaor' and the
a.baBde&Biftit' Of fuB4atsetl prlnelples
aad, therefore, It W iBtpesttblo fr bm te
support what eaiieu toe Leeenpton con-
stltullea, beeauee it 1 act Mbraltted to a
vote of the people lor rautteatloB rre
Jtetlon.
I have ever mmtviij mtonwim me
prlnelpla that saMetlgBty U vested ossein
Ively In the people f eaeh State, a4 tbat
It performs 1U 8Wt W highest fn&e4n In
fermlug a State gfMeai d State ien
stllutloa. ThtahlJsMMte soverelgily,
In myjudgmsat, WPly be perOTBie4by
tbo people thBrtv, bu oannoi pe aiie
gated to coavwttoi oif
elguly of conventions, distinct from that of
the people of conventional or delegated
sovereignty, ns contradistinguished from
Slate or popular sovereignty, hwi ever been
illsCAtdod by me, and was nover heard of,
to my knowledge, during tho great ciikm
of 1S50. Indeed, this Is the great prlnclplo
of State right nnd State sovereignty, main
lalncd In tho Virginia nnd Kentucky reso
lutions of KuT-00, austalued by the people
In the great political revolution of 1800,
and embraced In that amendment to the
Federal Constitution, adopted uiulir the
auspices of Air. JelTcrson, declaring that
"tho power not delegated to tho United
States by tho Constitution, nor prohibited
by It to the States, aro reserved to tho
States respectively, or to tho people."
Tho reservation to "tho States" Is asscp
arato Statu), In exorcising tho powers grant-
i oil by their Stato Constitutions, nnd the
reservation to "the people" Is to tho peoplo
jof lho ,, Slftl nJmme,i or Inchoate,
... ... t ... ..! -
In exercising their sovereign right of from
ing or amending their Htnto constitution.
This view wns sat forth In my printed ad
drcM delivered at Katchei, Mississippi, In
January, 1833, agatnst nullification, which
I speech received the compllrurutnry sanction
I of the great and good Madison, the principal
'founder of our Constltutlou, ns shown by
the letter of Hon. Charles J. IngcrsolU of
, Philadelphia, as publliliod In the Globe, nt
1 Washington, lu 1830 What adds much to
tho force of this opinion is the statement
I then made by Mr. Madison, that these wcro
inlto tho views of Mr. Jefferson. Ily this
clause of the Federal Constitution tho sov
ereignty of thopcoploof each Stato Is clear
ly rcicrved, and especially their own cxclu
slvo sovereign right to form, In nil Its en
tirety, their own Stato constitution.
I shall not enter fully Into lho nrgument
of this question at this period, but will
merely state that this Is tho position I havo
ever occupied, and my reasons for enter-.
talnlng this opinion nro clearly and distinct
ly set forth In a printed pamphlet published
over my elgnature, on tho 13th June, 1830,
and then extensively circulated, from which
I quote as follows :
"Under our confederate system, sover
eignty Is that highest political power which,
nt Its pleasure, creates governments ami
delegates authority to them. Sovereignty
grants powers, hut not sovereign powers ;
otherwlso It might extinguish Itself by ak
Ing the creature of Its will the equal or su
perior of Its creator. Sovereignty makes
constitutions, and through them eititblltbe
governments. It delegates certain powers
to these governments; distributing tho exer
cise cf the granted power oniong tho legis
lative, executive, nnd Judicial department.
The Constitution Is not sovereign, becauso
It Is created by sovereignty, Tho Govern-
, nient Is not sovereign, for tho tame reason,
much less any department or that uovcrn
went. Having defined sovereignty, we must
not confound the power with Its source or
exerotso that b, sovereignty is one thing ;
wbern It resides, or fiow to bo zcrcued, Is
another, Under tup system of European
despotiems, sovereignty w as claimed to re
side la kings and esiperors, under tbo sacri
legious Idea of the divine right of kings;
asd (he blasfktwoui doctrine was, that
sovereign In legltlaiate succession although
stained with .crimes and blacl.'cBCdlMlth,In
fiwiy, were clothed by Deity with absolute
power to rule their subjects, who held no
thing but prlilleges granted by the erewa.
Sueh urn the absurd and Impious) dogmas
to wbW: the people cf Europe, with Jhyr
exceptteee, have been compelled to subwlt
by the bayoaet, uulm.-d by the more po
tent authority of Ignorance and supersti
tion. UBuer Wis theory the peoplo wero
wero ciphers, nd crowned beads sub-delllcs,
the ol representatives on earth of tho
geverUlug power of the Almighty,
"Our doeklse Is Just the reverse, making
tho people ue only source or tovereigu
power. Dut what people? With ue, sov
ereignty rests exclutltely with the people
of each Statev By tie Itevolutlon, each
colony, actwg for Itself aluue, separated
frost Great Britain, ind sBctioaed (ho
Declaration of Independence, Bach colony
having thus become a State, and eaeb adopt
ing for jtMlfllsse.parite Stale government,
acfed for Itself alono under the old Conti
nents! Congress. Ete-h State sated for It
self, alone la speeding to the. Alleles of
CWatIou U U78 j and eaeh State aot-i
ed for Itself aloe In fr!ng asd ravtfvlSK.
osthfwIMf, tbe CoMUtutiwioftbeUsl-
ted States. Sovereignty, theo, with, ue, resla
neluelvely.wltb the people feeh ;gtte.
Tbe-CBtltut!i of tho United States is bat
sttrereigo, (or It was created by States, eaeh
ejtreMng for Delf that highlit political
jwrKi called teyrelgnty. Fee the same
reoao, thaCovKtwent of the Uolwd SUlea
le'wt sayerslga. nor does. It eVcle any
sovereign powers. It .exercises ooly "iklo-
gatee powers," as declared by the Coftentu
Moo, and those powers only wh)eb re
gTMted by that ilastrHweat. D1e9ted
pom areinet sovereign pewere, but are
poweeetTrwtbyMvefelKnty. SovwelM-1
tyibebtil the highest pollUoal pewer j eMaet
Kraeutfte ifo iiabMalsMJ U M WstMliUitf iiU.LI.I IssmI llfckflUfl mataaae, auj UMMBtfBMsi i"(sl' f11 fa l "no I "a no ,a'11 w U4" 0HUi
vldcd between the States end tho United
i States.
1 "Tho Constitution of tho United States In
the 'supreme law,' and not obligatory at
such) put rrlkwds not sovereignty, but an
act of sovereignty. All taws Imply law
makers; nnd,' In this case, thenowhofrnmed
and rnttllcd'this 'supremo law ' wero thnso
sovereignties called tho Statm, rnch noting
exclusively for itoolf, uncontrolled by any
sister State, except by tho moral forco of Its
Influence nnd example. The Government
of the United States possessing, as wo have
shown, no soverelgnty.'but only delegated
powers, to ihnu alono it must look for the
cxerclsa oi all 'constitutional authority, In
Territories as well ns States, for there Isnot
a single power granted by tho Constitution
to this Government bi a Territory, which Is
not granted In n State, except the power to
admit now States Into tho Unton, which, ns
shown by tho Madison papors, tho framers
of tho Constitution (ns first demonstrated In
my Texas letter) retuicd to limit to our then
existing Territories. In thn Territories,
then, as wall as tho States, Congress poss
esses no sovereignty, and can uxtrclso only
tho powers delegated by tho Constitution;
nnd nil tho powers not thus granted aro
dormunt or reserved powers, belonging, In
common territory, to all tho States, as co
equal, Joint tenant there, of that highest
political power called sovoTclgnty."'
It will bo perceived that this doctrine,
that " sovereignty makes constitutions,"
that "sovereignty rests exclusively with tho
peoplo of each Stato," that "sovereignty
cannot bo delegated," that "It Li Inaliena
ble, Indivisible." "a unit, Incnpablo or par
tition," are doctrines ever regarded by me
as fundamental principles of publlo liberty,
and of the Federal Uonntltutlon. It will
bo ecen that thesu views, which I have over
entertained, wcro not framed to suit any
emergency In Kansas, but were my life-long
principles, and wero published nnd promul
gated by me, In nn eluborato argument over
my own signature, twelve montln before my
departuro to that Territory, mid when I
nover tbouaht of coins to Kamas. Theso
rights I have ever regarded as fully secured
to tbe nconle "of all tho Territories." In
adopting tli'elr'fitnlo constitution',' liy the
Kansas nnd Nebraska bill. Such Is tho
eonstceettonlglven to that nct'by Congreei
in pMlug the Minnesota bill, so justly ap
plauded by the President. Such Is tho con
struction of this KnnsiM act by lis distin
guished author, not only In his late most
nble argument, but in addresses made and
published by him long antecedent to that
date, showing that this sovereign power of
people, in noting upon a Stato constitution,
Is not confined to the question of slavery,
but Include all other subjects embraced In
such rui instrument.
Indeed, I bellevo the Kansas and Kebrar-
Ica bill would havo violated tho rights of
sovereignty reeerved to the people of each
SUto by tho Federal Constitution, If It had
deprived them, or Congress should now tie'
prlvu them, of tho light of voting for or
against their State coustltutlon. Tho Pros
ident. In bis message, thinks that the rights
eecured by this bill to the people, tn acting
upon their Stato constitution, aro confined
to tho slavery question ; but I think, as
shown In my address before quoted, tbat
'sovereignty Is the power that makes con
stitutions and governments,1' and that not
only tho slavery olause in n State constitu
tion, but all others, mnst be submitted.
The President thinks that sovereignty can
be delegated, at least In part, I think that
sovereignty cannot bo delegated at all. Tbo
President believes that sovereignty la divis
ible between conventions and the people, to
be exercised by tho former on all subjects
but slavery, aud by tbe latter only on that
question. Whereas, I think tbat sovereign
ty is "Inalienable," "Indivisible," "a unit,
Iccapablo of partition," aud "that It can
not bo delegated," In whole or lu part
It will net bo donled that sovereignty Is
tho only power that con make a State con
stitution, aaditbat It rests exclusively with
tho people aud If It Is Inalienable, and
canaot be delegated, as I have shown, then
It can only be exercised by tho people thefiv
selves. Under our Government wo know
no sovereigns but the people. Conventions
are composed of "delegates." They ore
were agents, or trustees, exercising, not a
sovereign, but a dolegated power, oud thd
people are the .principals. The power dele
gated to such convention can properly only
extend to the framing of tho constitution ;
but Its ratification or rejection can only be
perforated by the power where sovereignly
alone rests namely, the peoplo themselves.
We mnst not confound suverclgn with dele
gated powors. Tho provisional authority,
of a convention to frame a constitution and
sabmlt It to tbe peoplo, Is a delegated power',;
but sovereignty alone, wUIcli rests oxclu-j
river with lho people, can ratify and pnU
in torco inai constitution.
And this , the true doctrjue of popular
sovereignty and know of no, eueb (a Ing,
nor does thFederol constitution, recognize
It. as delegated or conventional sovereignty.
The Frcsiuent, In a yery lucid passage of
mlng a State constitution. Ho says very
truly, that from the necessary division of
lho Inchoate KJalo Into districts, n majority
of tho delegates may think ono wny, and the
peoplo nrtothcr, and tho dolcgstes (as was
tho case tn Kansas) nmy violate their pled
ges or fall to execute tho will of the people
And why docs not Ibis reasoning apply
with equal forco to nil other great questional
embodied In n State constitution T Antl why
should the question of slavery alono over
rtdo and extinguish the dootrlno of popular
sovereignty and the right of self-govern-merit
1 Most fortunately this Is ho sectional
qucslloniifor It belong aliku to tho States
admitted or Inchoate,, of the Boulb as ei tbej
North. It Is not n question of slavery, but
uf State rights and of State nnd popular
sovereignty ; and my objections to tho I.c
coinptau constitution nro 'cquully strong,
whether Kansas, under Its provisions, sho'd
be mado a free or a slnvo State. My objec
tions nro based upon a violation of tho right
of self-government nnd uf Stato and popu
lar sovereignty, nnd of forcing any consti
tution upon the people against their wilt,
whether It Tccognlied freedom or slavery.
Indeed, tho first question whloh the peoplo
ought to decide. In forming a government
for an Inchoate State, Is, whether they will
change or not from u territorial to a Stato
government. Now, as nb one who, with mo.
denies Federal or territorial sovereignty,
will contend that n Territorial Legislature
Is sovereign, or represents sovereignty, or
that imoh Legislature (a mot o creation of ,
Congress) cau transfer, sovereignty, which
It does not passes?, to a territorial conven
tion, this change from a territorial to a
Stato government can only bo made by tho
power where sovereignty rests namely, tbo
people. Yet n State government Is forced
upon tho people of'Kansas by the Lccomp
ton comtltutlon, 'whether they will It or
not; for they can only voto for the consti
tution, and not against It.
Jlut besides the change from a territorial
toa'Slato government, which tho peoplo
Mono hnvo a right to mako In framing a
Stnte constltutlou, there aro many other
momentous questions 'Included In that In
strument. It Involves nil tho powers of
ButeVgevernmrnt There are tbe bill of
rhth'tstho morns rharta of the liberties er
a-ifreiXjwple; 'the Hjrudnllvc, executive,
e -, --- ,-
und Judicial functions; tbo taxing power;
tho elective franchise ; tho great question of
education; tho sacred relations of husband
and wfo, parent and child, guardian nud
ward; anil all the rights affecting life, lib'
erty, aud property, TheVoMs also the ques
tion of State debts, of banks and papor mo
ney, aud wholspr they shall bo permitted
or prohibited. As all freo government, as
stated by Mr. Jefferson In tho Peclnratlon
of Jndepcndeneo, depends upon "J he con
sent of tbe governed," how can It lie known
whether the people would assent to tho con
stitution unless It Is submitted to their vote
for ratification or rejection t Hut If acqui
escence can be presumed lu any cose, surety
It cannot bo lu that ofJCantas, where so
man of tho delegates violated their pledge
to submit tho constitution Itself to a vote of
the people : whero the delegates who signed
the constitution represented scarcely one
tenth of tho peoplo; aud whero nearly ono-
halftho countN of tlie Territory were dis
tranchlsed, nnd (by no fault of theirs) did
not, aud could not, giro a tingle vote at tho
election for delegates to tbe convention i
I havo heretofore discussed tills subject
mainly an the question that conventions are
not sovereign, and cannot rightfully mako
a stato constitution without submission to
the vole of the people for ratification or re
jection ; yet surely oven these who differ
with me on this point must concede, espe
cially under tho Kansas-Nebraska bill, it is
only such conventions can be called sover
elgo as have been truly elected by the peo
ple and and represent their .will. On refer
ence, however, to my address of tho lflth
September last, on tho tax qualification
question a copy or which nas immediately
transmitted to you for the Information of the
President and Cabinet it Is evident that
the Lecompton convention was not sueh a
body, That convention had vital, not tech
nical, defects lu tbe very substanco of its
organization under tho territorial law.whlch
could only be eured, in my Judgment, (as
set forth In my Inaugural and other addres
ses.) by the submission of the constitution
for ratification or rejection Igr tbe people
On reference to the territorial law under
which tbe convention was assembled, thirty.
four regularly -organized counties were nam.
ed as election districts for delegates to tho
convention, In each and all of these coun
ties It was required by law tbat a census
should be taken and tbe voters registered ;
and when tbts was completed, the delegates
tp the convention should bo apportioned ac
cordingly. In nineteen of theso counties
there was no census, and, therefore, there
could be qo such apportionment there of
ueiegates based upon such census. Asd In
fifteen of these counties there was no reghW
tryofotefs. r
These filtesa oountlee. ineluijfos Bsof
(be odet orgsnIeJ cont!es.in, the t"jr I
tory,were entirely dbfranshhtedi V1 AM
Induced by tbe fiict Unit (he Territorial Leg
islature appointed all the shcrlUs and pre?-
bato Judges in nil thoso counties, to hqrrL ,
was assigned tho duty by law of making thliT .
ccn As nnd registry. These officers we re p-'
lltlcal partisans, dlucnttng from tbe flews
and opinions of tho people of tbcro counties,
ns proved by tho election In'Oclobcr last.
These officers, from want Of funds, as they
allege, neglected or refused to tnke any
census or mnko nny registry In these coun-
, (Its, and 'therefore they woto entirely dU-
franchtsed, nnd could not, nnd did not, glrr
n slnglo voto nt tbo election for delegates tn
the constitutional convention. And here 1
wish to 'call attention to tho distinction
which will, appear In my Inaugural address,
lu reference to those counties )tero tbe vo
ters wcro fairly registered and did not vote.
In such counties where a full opportu
nlty was given to register and vote, and
they did not cbooso to exercise that privi
lege, tho qncstlon Is very different 'from
those counties wharo there was no censux
or registry, and no vote was given or could
bo given, however anxious the peoplo might
bo to participator tho election of delegate
to tho contention. Nor could It bo said
these counties acquiesced; for wherever
thoy endeavored by a subsequent census or
registry of their own to supply tho defcrt
occaslobed by tho previous neglect of tbe
territorial officers, tho dolcgatcs thnschoien
were rrjectcd'by the convcntlou.
I repent that, In nineteen counties out of
thirty-four, thcro was no censds, In fifteen
1 counties ont of thirty-four there wbs no rep
I istry, nnd not a solitary vote was glron, er
could la gtven, for delegates to the conren
tlon in any one of these counties. Surely,
then, It cannot bo said that such a conven
tion, chosen by scarcely mere than one tenth
of tbe present voters of Knnsas, represented
the peoplo of that Territory, aud could
rightfully Imposo a constitution upon them
without their consent. These nluotecncoun
tics constituted a majority of tho counties
of the Territory; nu'd these fifteen countlo
In which there was no registry gave a much
lirger vote at tho October election, even
with tho six months' qualification, than tin
wbolo vote given to tbe delegates who sign
ed tho Lecompton constitution, on tbo 7th
November last. If, thon, sovereignty can
be delegated, aud conventions, aa suchatt
sovereign, (which I deny,) surely It must be
only In sueh cases ns when such convention
aro chosen by the people, which wo have
seen was not tbo csso as regards the lato
Lecompton convention. It was fur thli,
among ttthcr reasons, that, In my Inaugural
and other nQdresses, I Insisted tbat the con
stltutlon should be submitted td the peoplo
by tho convention, ne tbe -only means of
, curing this vital defect In Its organization.
It was, therefore, among other reasuqs, wherr
as you know, tbe organization of the so
called Topcka Stato government, and, as a
coBsoquence, an inevitable civil war and
conflict with the troops must havo ensued;
these results were prevented bymyassur
Ing, not the Abolltloulsts, ns has been erro
neously stated for iny address was not to
tbom but the peoplo of Kansas, that, In
my Judgment, the constitution would iJosub
mltted fairly and freely for ratification or
rejoctlon by their voto; and tbat, If this
was not dune, I would unite with them the
people as I now do, In "lawful opposition"
to such a procedure.
Tho power and responsibility being de
volved exclusively u pon me by the President,
of using tho Federal army In Kansas to sup
press Insurrection, tho alternative tbs dis
tinctly presented to me by the questions
propounded at Topeka of arresting revolu
tion by the slaughter of the people, or by
preventlng It, together with that civil war
which must ha Ye Extended throughout the
Union, by the solemn ossurauce then given;
that the right of the people to tame their
own government, so far as my power ex.
tended, should bo maintained. Dut fur' thin '
assurance it Is a conceded fact,bnt the If
peka State government, then nuembled In
legislative session, would have been putiiito
Immediate actual operation, asd that 4 san
guinary collision with tbe Federft army "
ana civil war must have cnued,xtnuing,
It Is feared, throughout the Unfn.
Indeed, the wbolo Idea of n inaugural
address originated in the Jrmlng lutein;
genco which had rcachf' Woehlngton city
or the perilous and ! 'rebellion In
Kansas. This tot'c0fl w" rcndcrei)
still more formldf' on my reaching the ,
Territory by tber Pproacb of the asJ
serabllng 0f ,rovolBtlenary Steto Legis
lature, and WW numerous mass conveoi
tlons bv wM " wa sustained. In truth I
had toIo botwecu arresting that Insur-
rectonj' whatever cost of Auferlcan blood,
bv th"!8! rmy, or to prevent the tor-
rjbl(eataatrophc, as I did, by my pledge to
tJPWle- of the exertion of all my power
6 obtain a fair election, and thesubmleslon
of the constitution to the vote of tho neoslR
for ratification or rejection. '
My Inaugural and other addresses vcrc.
therefore, really In the nature of preelaaa-
How, (so often issued by Prints .ivi
(GoTcruor,) with view tP prevent, as thy)
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