Territory were authorized, "at their own will and pleasure, to resolve
themselves into a sovereign power, and to abrogate and annul the
organic act and territorial government established by Congress, and to
ordain a constitution and State government upon their ruins, without
the consent of Congress." Surely, then, a convention which the
territorial legislature called into being could not abrogate or impair
the authority of that territorial government established by Congress.
Hence, he concluded, the Lecompton constitution, formed without the
consent of Congress, must be considered as a memorial or petition,
which Congress may accept or reject. The convention was the creature
of the territorial legislature. "Such being the case, whenever the
legislature ascertained that the convention whose existence depended
upon its will, had devised a scheme to force a constitution upon the
people without their consent, and without any authority from Congress,
... it became their imperative duty to interpose and exert the
authority conferred upon them by Congress in the organic act, and
arrest and prevent the consummation of the scheme before it had gone
into operation."[653] This was an unanswerable argument.

In the prolonged debate upon the admission of Kansas, Douglas took
part only as some taunt or challenge brought him to his feet. While
the bill for the admission of Minnesota, also reported by the
Committee on Territories, was under fire, Senator Brown of Mississippi
elicited from Douglas the significant concession, that he did not deem
an enabling act absolutely essential, so long as the constitution
clearly embodied the will of the people. Neither did he think a
submission of the constitution always essential; it was, however, a
fair way of ascertaining the popular will, when that will was
disputed." Satisfy me that the constitution adopted by the people of
Minnesota is their will, and I am prepared to adopt it. Satisfy me