Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-02-12

OBul1co w OonErcsS must have been nban
donod. Congress had adjourned on the 81
Of March previous, having recognized lhe le
gal existence Of the territorial leqislaturt
in variety Of forms which need MOI
cnumcrate. Indeed, tho delegate elected
TO the House Of Representatives, under .
territorial law, had boon admitted 10 scat
and had just completed his term Of ser
vice, tho day previous to my Inauguration
This was the propitious moment for set.
Ting all tho difficulties Of kansas--this the
time for abandoning the revolutionary To
peka organization, and for the enemies o.
the existing government to conform to the
laws, aud unto vito with its friends in fram
ing a constitution.
But this they refuse 10 do, and the con
sequence Of their refusal to submit to thi
lawful authority and vote at the election fo
delegates, may vet prove to be Of the mos
deplorable character. Would that the re
spect Of the laws for the land which so EN-
inently distinguished tho men of tho pas
generation could be revived. 1t Is disre
gard and violation Of the law which ha
Tor years kept the territory Of Kansas in ,
state Of almost rebellion against the gov
ernment; il is the same spirit which hai
produced actual rebellion in Utah. Ou
only safety consists in obedience and con
formity to the law. Should a general spir
it against its enforcement prevail, this vii
prove fatal to MS rs nation. We acknowl
edge no master but law, and should we cut
loose from its restraints, and every ono dc
what seemeth good in his own eyes, oul
case would indeed be hopeless. The enc
mics of territorial government determine
still TO resist the authority Of Congress-
They refused to vote for tho delegates to
the convention, not because from circum-
stances which need not detail, there was
an omission to register tho comparatively
few voters who were inhabitants Of certain
counties in Kansas in the early spring Of
1857, but because they had determined at
all hazards to adhere to their revolutionary
organization, and defeated the establishment
Of any other Constitution than that which
they had framed at Topeka. The election
was, therefore, suffered to pass by default
but of this result the qualified electors who
refused to vote can never justify complain.
From this review, it is manifest that the
Lecompton Convention, according to every
principle of constitutional law, was legally
constituted and invested with power to frame
q constitution.
The sacred principle of popular sovereign
ty has been invoked in favor of the enc
mics of law ard order in Kansas, but in
what manner is popular sovereignty to be
exercised in this country il not through the
established lawi In certain small republics
of ancient times people did assemble in
primary meetings, passed laws and directed
public affairs. In our country this is mani
festly impossible. Popular sovereignty can
be exercised here only through the ballot
and if the people will refuse the exercise Of
it in this manner, as thoy have done in Kan
sas at the election of delegates, it is not for
them to complain that their rights have
been violated. The Kansas convention,
thus lawfully constituted, proceeded to frame
a constitution, and having completed the
work, finally adjourned on the 7th of No
vember last Thoy did net think proper
to submit tho whole Of the constitution 10
the popular vote, but did submit whether
Kansas should be free or slave state to
the people. This was the question which
had convulsed the Union, and shakes it to
its very centre. This was the question
which had lighted the flames of the civil
war 10 Kansas, and produced dangerous
sectional parties throughout the confeder-
acy.
1t was Of character SO paramount in
respect to the condition of Kansas, rs to
rivit the anxious attention Of the people of
the whole country; and no person thought
of any other question. For nv own part,
when instructed Governor Walkor, in gen
eral terms, in favor of submitting the con-
stitution to the people, had no view, ex-
cept the all absorbing one of slavery. In
what manner tho people of Kansas might
regulate their other concerns, was not the
subject which attracted my attention. In
fact, the general provisions of recent state
constitutions, after an experience of eight
years, are so similar and excellent, that it
would be difficult to go far wrong at tho
present day in framing now constitution.
| then believed, and still believe, that under
the organic act the Kansas Convention wore
bound to submit this all-important question
of Slavery to the people.
1t was never my opinion, however, that
Independent of this act, they would have
been bound TO submit any portion of the
Constitution to popular vote in order to
give it validity. Had entertained such an
opinion, this would have been in opposition
to many precedents in our history, COM
mencing in the very best age of our repub-
lie. 1t would have been in opposition TO
the principles which pervadcs our institu-
tions, and which is every day carried into
practice; that the people have right to
delegate 10 tho representatives chosen by
themselves, their sovereign power to franc
enact laws, and perform many
other important acts without requiring that
these should be subjected to their subsequent
appreciation. 1t will be a most movement
limitation of their own power, imposed by
the people on themselves, to exclude them
from exercising their sovereignty in any
lawful manner in which they think proper.
1t is true that hcpcopie of Kansas might,
if they had pleased, required tho conyen-
ton to submit tho constitution to popular
vote; but this they have not done. The
only remedy therefore in the ease is, that
which exists in all other cases. IL the del
o,,ata. ,rho fro mod tha oonsf;trtiar boya n