They had, in fact, repealed the Missouri Compromise and justified
it everywhere on the ground that the people of the Territories had
the right to form all their institutions according to their will.
The President's later doctrine was in error, radical, fundamental,
subversive of the platform on which he was elected. His suggestion
that the Convention, throughout the territorial legislature, had the
implied sanction of Congress, was without foundation. The Toombs
bill expressly authorizing the calling of a Convention had recently
passed the Senate, but was defeated in the House, clearly indicating
that Congress disapproved it. The legislature could not give consent
for Congress which it had itself refused. The Administration of
Jackson solemnly decided in the case of Arkansas that a Territory
had no right to hold a Constitutional Convention until Congress
passed an act authorizing it. The Lecompton Convention differed
from the Topeka Convention only in this; that the latter was called
in opposition to the will of the legislature, while the former was
sanctioned by it. But that body was utterly without authority in
the matter until Congress empowered it to act.
When the delegates to this Convention were elected everyone supposed
that their work would be submitted to a vote. The President and
his Cabinet so understood it. Governor Walker so understood it
and pledged his own word and that of the President that it would
be submitted. A form of submission had been devised such that all
men might come forward freely and vote for the Constitution and no
man was permitted to vote against it. This resembled the French
election when the First Consul sent the soldiers to the polls telling
them to vote just as they pleased; but adding, "if you vote for
Napoleon all is well; if you vote against him you will be shot."
The objection to submitting the Constitution to a vote was that it
would be voted down.
"Sir," he said, "my honor is pledged; and before it shall be tarnished
I will take whatever consequences personal to myself may come; but
never ask me to do an act which the President in his message has
said is a forfeiture of faith, a violation of honor. * * * I will
go as far as any of you to save the party. I have as much heart in
the great cause that binds us together as any man living. I will
sacrifice anything short of principle and honor for the peace of
the party; but if the party will not stand by its principles, its
faith, its pledges, I will stand there and abide whatever consequences
may result from the position. * * * It is none of my business
which way the slavery clause is decided. I care not whether it is
voted up or voted down."
Public-domain text, read in full here on John Shaqi.
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