Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-02-03

b. themselves, their sovereign power to frame
constitutions, enact laws, and perform MANY
other important acts, without requiring that
these should be subjected to their subsequent
appreciation. II would be a most inconvenient
Limitation of their own power, imposed by the
people upon themselves, to exclude them from
exercising their sovereignty in any lawful man.
ner they think proper. II is true that the people
of Kansas might, " they had pleased, have re-
quired the convention to submit the constitution
to a popular vote but this they have not done
The only remedy, therefore, in this case, is that
which exists in all other similar cases. IL the
delegates who framed the Kansas constitution
have in any manner violated the will OF their
constituents, the people always possess the power
to change their constitution or their laws, &c
cording to their own pleasure.
The question of slavery was submitted 10 an
election Of the people Of Kansas on the 2ist De.
cember last, In obedience to the mandate of the
constitution. Here, again, fair opportunity
was presente d to the adherents of the Topeka
this exciting question 4" in their own way,n and
thus restore peace to the distracted Territory;
but they again refused to exercise their right of
popular sovereignty, and again suffered the cleo.
ton to pass by default
heartily rejoice that wiser and better spirit
prevailed among large majority of these people
on the first Monday Of January; and that they
did, on that day, vote under the LecomptOn Con-
stitutiOn FIR Governor and other State officers,
a member of Congress and for members of the
Legislature. This election was warmly contest.
than at any previous election in the Territory We
may now reasonably hope that the revolutionary
Topeka organization will be speedily and finally
abandontd d, and this will 60 far towards the final
settlement of the unhappy differences in Kansas.
If frauds have been committed at this election.
either by one or both PARTIES the Legislature and
the people of Kansas, under their constitution,
will know how to redress themselves and punish
these able but too common, crimes with
out any outside interference.
The people Of Kansas have then, Gin their own
way" and in strict accordance with the organic
act, framed constitution and State governnieut;
have submitted the all-inportant question of sla-
very to the people, and have elected Governor,
a member to represent them in Congress, men,
bers of the Safe Legislature, aud other State OFF,
GERS. They now ask admission into the Union
under this constitution, which Is republican In
its form. Ii is for Congress to decide whether
they Will admit or reject the State which has
thus been created. For my own part, am de.
cidedly in favor Of its admission and thus term
mating the Kansas question. This will carry out
the great principle of non intervention recoy-
nized and sanctioned by the organic act, which
declares in expr IS language in favor Of t,on-in-
PREVENTION by Congress with slavery In the States
or Territories" leaving ''the people thereof per-
fectly free to form and regulate their domestic
institutions in their own wdr subject only to the
constitution Of the United SflaesH In this man
ner, by lOcalizing the question Of slavery, and
combining it to the people whom it immed lately
concerned, every patriot anxiously expected that
this question would DE banshed from the halls
OF Congress, where 1t has always exerted a bale
full influence throue hout the whole country.
1t is proper that should briefly refer to the cleo
on held under an act OF the territorial legislature,
on the first MOndayo Of January last on the lie.
compton constitution. This election was held
after the Territory had been prepared for id mis-
sion into the Union a sovereign State and when
no authority existed in the territorial legislature
which could possibly destroy its existence or
change its character. The election which was
peaceably conducted under my instructions. in
volved a strange inconsistency A large major
a aU m. \
ton constitution, were at the very same time and
place recognizing it's valid existence in the most
solemn and authentic manner, by voting under
ITS provisions. have yet received no official in
formation of the result of this election
AS a question Of expediencr, after the right has
been maintained, it may be wise to reflect upon
the Dement'S to Kansas and to the whole country
which would result from its immediate admis.
sion into the Union, as we'll as the disasters
which may follow its rejection. Domestic peace
viii be the happy consequence of its admission,
and that fne Territory, which has hitherto been
torn by dissensons, will rapidly increase in non.
ulation and wealth, and speedily realize the
blessings and comforts which follow in the train
OF agricultural and mechanical industry The
people Will then be sovereign, and can fegulate
their own affairs In their own way IL a maioritv
of them desire to abolish domestic slavery with
in the State, there is no other possible mode bv
whlch this can be effected SO speedily as by
prompt admission. The will of the majority is
supreme and irresistible when expressed in AN
orderly and lawful manner. They can make and
unnake constitutions at pleasure. 1t would be
absurd to say that they can impose felters mon
their own power which they cannot afterward,
remove. IL they could do this they might tie
their own hands for hundred as well as for ten
years These are fundamental principles of
American freedom, and are recognised I he
lieve, In some form or other, by every State CON
stitution; and If Congress, in the act of admis
sl0n should think proper to recognise them. I
can perceive no objection to such a course This
has been done emphatically in the constitution
OF Kansas. IL declares In the bill of rights that
call political power Is inherent in the people
d all free governments are founded on their
authority and Instituted for their benefit and
therefore they have at all times an inaIienahIe
and indefeasible right to alte REFORM or abolish
thelT ioiIi OF government In such m inner as they
may think proper" The great State of New
stitution Fl AIMED and established in direct onno
stion to the mode prescribed by the preyi6us
constitution. IL, therefore, the provision chang
ing the Kansas constitution, after the year one
thousand eight hundred and sixty-fOur couId bv
possibility he construed into a prohibition To
make sch change previous to that period this
prohibition would be wholly unavailing. The
Legislature already elected NAV AT it's verv al
session, submit the question to vote of Ri. neo.
pie whether they Will or will not have n copyen.
ton to amend their constitutions and ;,dont all
necessary means for giving effect to the popular
will ff''
1t has been sOlemnly adudged by the HIGHEST
Judicial tribunal known to our laws that slavery
exists in Kansas by virtue of the Constitution ~
the OHltcu States. Kansas Is, therefore. al this
moment as much slave State as GeOrgia ar
south Carolina. Without this, the equality of
the sovereign States composing the Union would
be violated, and the and ENJOYMENT of q terri
tory acquired by the common treasure of all thr
states would be closed against the people and the
property of nearly half the members of the con
federacy. Slavery can therefore never lie prohib
tied In Kansas except by means of constitutional
provision. and in no other manner can this be OH
tanned so promptly, if majority of the people
desire it, as by admitting il into the Union under
its present constitution.
On the other hand, should Congress reject the
constitution, under the idea Of atfording the dis
affected IN Kansas third opportunity Of probib.
iting slavery in the State which they might have
done twice before il in the majority, no man can
( Dretell the consequences.
liz Congress, for the sake Of those men who re-
fused to vote for delegates to the convention when
they might have excluded slavery from the con-
stitutiOn, and who afterwards refused to vote on
the 2lst December last, when they might as they
claim, have stricken slavery from the constitu.
ton, should now reject the State because slavery
remains in he constitution, it is manifest that
the agitation upon this dang erOus subject will be
renewed In a more alarming form than it has ever
yet assumed.
Every patriot in the country had INDUCED the
hope that the Kansas and Nebraska act would nut