, 1858-04-02


complain. From this review it is manifest
that the Lccompton convention, according
to every principle Of constitutional law,
was legally constituted and invested with
power to frame q constitution.
The sacred principle Of popular sover'
eighty has been invoked in favor OF the enc
mics of law and order in Kansas. But in
what manner is popular sovereignty to be
exercised in this country il not through the
instrumentality of established law?
in certain small republics of ancient
times they assembled in primary meetings,
passed laws and directed public affairs. In
our country this is manifestly 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 they have done in Kansas at the election
Of delegates, it is not for them to complain
that their rights have been violated The
Kansas convention, thus lawfully constitu-
ted, proceeded 10 frame a constitution, and
having completed the work, finally adjouru-
ed on the 7th of November last They
did not think proper to submit the whole Of
this constitution to the popular vote, but
did submit the question Of whether Kansas
should be free or slave state, to the peo-
pie.
This was the question which had convuls-
ed the Union, and shaken it TO its very
centre. This was the question which had
lighted the flames Of civil war in Kansas,
and produced dangerous sectional parties
throughout the coniederacy. 1t was Of a
character so paramount in respect 10 the
condition of Kansas as to fiFet the anxious
attention Of the people of the whole coun-
try upon it alone No person thought of
any other question. For my own part,
when instructed Gov. Walker in general
terms in favor of submitting the constitu-
tion 10 the people, had no object in view
except the al-absorbing question Of slav-
cry.
In what manner the people of Kansas
might regulate their own concerns, was not
the subject which attracted my attention.
In fact, the general provisions Of the recent
state constitutions, after an experience of
eighty years, are so similar and excellent
that it would be difficult to 60 far wrong
at the present day in framing new consti-
tuition. then believed, and still believe,
that under the organic act, the Kansas con-
vention were bound to submit this oil i'm
portant question Of slavery to the people.
1t was never my opinion, however, that
independently of this act they would have
been bound to submit any portion Of the
constitution to popular vote TO give it va
lidity. Had entertained such an opinion
this would have been in opposition to many
precedents in our history, commencing in
the very best age Of our republic 1t
would have been in opposition to the prin-
ciple which pervades our institutions aud
which is every day carried into practice,
that the people have right to delegate to
the representatives chosen by themselves
their sovereign power to frame constitu-
tions, to make laws and perform many 9TH
er important acts, without requiring that
these should be subjected to their sabse-
quent appreciation. ,fs
1t would be most inconsistent imita-
tion of their own power, imposed by the
people upon themselves, to exclude them
from exercising their sovereignty in any
lawful manner which they saw proper. 1t
is true that the people Of Kansas might, if
they had pleased, required the convention
to submit the constitution to popular vote; ;
but this they have not done. ,lH
The only remedy therefore 10 this case is
that which exists in all other similar cases.
If the delegates who framed the Kansas
constitution have in any manner violatad
the will Of their constituents the people
always possess the power to change their
constitution or laws according to their own
pleasure.A,
The question Of slavery was submitted
to the election Of the people on the 2lst Of
Dec. last, in obedience 10 the mandate Of
the constitution. Here again q fair op-
portunity was presented to the adherents
of the Topeka constitution, il they were
the majority, to decide this exciting ques-
ton in their own way, aud thus restore the
peace of that distracted territory; but they
again refused to exercise the right Of pop
ular sovereignty, and again suffered the
election to pass by default.
heartily rejoiced that wiser and bet
ter spirit prevailed among large majority
Of these people on tho first Monday in jan
uary, aud that they did on that day vote
under the Lecompton constitution for
governor and other state officers, a member
Of congress and members Of the legsla-
ture This election was warmly contested
by the parties, and q larger vote polled
than at any previous election in the terri
tory.
We may now reasonably hope that the
revolutionary Topeka organization will be
speedily and finally abandoned, and this
will 60 far towards final settlement of the
unhappy differences in Kansas.
II frauds have been committed at this
election by one or both parties, the legisla-
ture and the people of Kansas nnder their
constitution, know how to redress them
selves and punish their detestableg but too
common enemies without our interference.
The people of Kansas have then in their
own way, and in strict accordance with the
organic law, framed a constitution and
] -. bn faI tho all