The Kansas herald of freedom., 1858-02-20
the constitution to popular vote, but this

they have not done.
The only remedy, therefore, in this
case, is that which exists in all othel
similar cases. If the delegates who
framed the Kansas constitution have IL
any manner violated the viii Of theil
constituents, the people always posses;
the power to change their constitution OF
laws according to their own pleasure.
The question of slavery was submitted te
the election of the people on the 21st oi
December last, in obedience to the man.
fair opportunity was presented to the ad-
herents of the Topeka constitution, ifthey
were in the majority. TO decide this ex-
citing question in their own Yay,ug and
thus restore the peace of.the distracted
Territory; but they again refused to ex-
ercise the right of popular sovereignty,
and again suffered the election to pass by
default. I heartily rejoice that wiser
and better spirit prevailed among a large
majority of these people, on the first Mon
day in January, and they did on that day
vote, under the Lecompton constitution,
for Governor and other State officers, a
member of Congress and members of the
Legislature. This election was warmly
contested by the parties, and larger vote
polled than at any previous election in
the Territory. We may now reasonably
hope the revolutionary Topeka organiza-
ton viii be speedily and formally aban-
doned, and this will go far towards final
settlement of the unhappy difficulties in
Kansas.
If frauds have been committed at this
election by one or both parties, the Leg
islature and people of Kansas, under their
constitution, know how to redress them
selves and punish these detestable but too
common crimes without outside interfer-
ence. The people of Kansas have then,
'tin their own way, and in strict accord
anee with the organic act, framed a Con-
stitution and State government, have sub
mitted the all important question of slav-
cry to the people, and have elected a
Governor, member of Congress, mem
bers of the State Legislature and other
State officers" and they now ask admis-
sion into the Union under this constit,l-
ton, republican in its form. 1t is fol
Congress to decide whether they will ad-
NIT or reject the State which has thus
been created.
For my own part am decidedly in fa-
vor of its admission and thus terminating
the Kansas question. This will carry out
the great principle of non-intervention,
sanctioned by the organic act, which de-
clares, in express language, in favor ol
the non-intervention of Congress with
slavery in the States and Territories, leav-
ing the people perfectly free to form and
regulate their domestic institutions in
their own way, subject only to the Con-
stitution of the United States. In this
manner, by locating the question of slav-
cry and confning it to the people who
are Immediately concerned, every patriot
anxiously expected that this question
would be banished from the halls of Con-
gress, where it has always exerted bane-
full influence throughout the country. II
is proper that should refer to the cleo
Legislature, on the first Monday of jan
uary, on the Lecompton constitution
This election was held after the Territory
had been prepared for admission into the
Union as a sovereign State, and when nc
authority existed in the Territorial Leg
islature which could possibly destroy its
existence or change its character.
The election, which was peaceably con-
Quoted under my instructions, involved
strange inconsistencies. A large majority
of the persons who voted against the Le-
compton Constitution were at the same
time and place recognizing its valid exist
ence in the most solid and authentic man.
ner by voting under its provisions. / have
yet received no official information of the
result of this election. As question Of
cxpediency, after right has been maintain
ed, it may be wise TO reflect upon the ben
efts to Kansas and the whole country
that will result from its immediate ad.
mission into the Union as well as the dis
asters that may follow its rejection. Do
mestic peace will be the happy conse-
quence of the admission, and that fine
Territory, hitherto torn by dissensions
will rapidly increase in population and
wealth, and speedily realize the blessings
and comfort which follow agriculture and
mechanical industry. The people, then
will be sovereign, and can regulate theil
affairs in their own way. If the majority
of them desire to abolish domestic slavery
within the State there is no other possible
mode by which it can be effected so speed
lily as by its prompt admission. The viii
of the majority is supreme and irresisti.
bic when expressed in an orderly and law
full manner. It can unmake constitutions
at pleasure. 1t would be absurd to say
that they can impose fetters upon then
own powei which they cannot afterwards
remove. If they could do this they might
tie their own hands just as well for a hum
dred as ten years. These are the funda.
mental principles of American freedom
and are recognized in some form by ey.
cry State constitution, and if Congress il
the act of admission should think propel
/ to recognize them, / can perceive 10 OBJ
| lection. This has been done emphatically
in the constitution of Kansas. Itdeclare'
in its bill of rights that " all political pow
er is inherent in the people, and all fre'
governments are founded on their author
ity and instituted for their benefit, AMI
therefore have at all times an inalienabl
and indefeasible right to alter. reform aut
abolish their form of government, in sucl
manner as they may think proper.
/ The great State of New York is at thi
moment governed under a constitution
framed and establis he'd in direct opposition
| to the mode prescribed by previous con
stitution. Ii, therefore, provision chang
ing the constitution of Kansas after th
hyear 1864 could By possibility be construe'
into prohibition to make such chang
| previous to that period of prohibition,
would be wholly unavailing. The Legis
lature already elected NAV at its irst ses
sion submit the question to q vote of th
people whether they viii OF not have
convention TO amend their constitution
and adopt all necessary means for givin
i effect to the popular viii.
i 1t has been solemnly adjudged by th
/ highest judicial tribunal, that slavery eS
lists in Kansas by virtue of the constitu
i tion Of the United States. Kansas