The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-03

toral Leg gsature Ia variety Of forms, which need
net enumerate. Indeed, tho delegate elected TO the
House of Representatives under Territorial law
had been admitted to aud had just completed his
term of service the day previous to my inauguration
This was the propitous moment for settling all the dif
cutes of Kansasthis the time for abandoning the
utonary Topeka organization and for the enemies Of the
existing government to the laws and unite with
its friends in framing State constitution But this they
refused to Do ana the consequences Of their refusal 70
submit TO the lawful authority and vote the election for
delegates may yet prove TO be Of the most deporable
character Would that the respect FOR the laws OF the
land which emnently distinguished the Of the past
generation could be revived is disregard and viola
on Of law which has for years kept the Territory Of Kan
sas in state OF almost open rebellion against its govern
ment is the same spirit whi;h has produced actual re-
belon in Utah. Our only safety consists in obedience and
conformity the law Should general spirit against M
forcement prevail this will prove fatal to a naon.
We acknowledge no master but law, and should cut
loose from Its restraints and every do what seemeh
good in his eyes, would indeed be hopeless
The enemies Of Territorial government determined still 10
resist the authority Of Congress- They refused 10 vote
for the delegates the Convention because from cir
cumstances Which need not detail there omission
to register the comparatively few voters who nha
bans Of certain counties In Kansas the early spring
1857 because they had determined at all hazards to
adhere to their revolutionary organization and defeat 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 10 vote justly complain
From this review is manifest that the Lecompton Con-
venton according to every principle of constitutional law
legally constituted and invested with power to frame
a constitution.
The sacred principle Of popular sovereignty has been
invoked in favor Of the enemies Of law and order in Kan
hutin in vha Ia In ha
ercised in this country not through the fundamentally
Of established law9 In certain small republics ancient
times people did assemble in primary meet
iDgs, passed laws and directed public affairs.
In eur country this ls manifesty impossible.
Popular sovereignty be exercised here only
through the ballot; and the people will refuse the
exercise of in this manner they have done in Kansas
at the election Of delegates is not for them complain
that their rights have been violated The Kansas Conven
top thus lawfully constituted, proceeded TO frame
sttution, and having completed the work, finally ad.
journed the 7h of November last They did think
proper to submit the whole Of this constitution the
popular vote but did submit the question whether Kansas
should be free slave State 10 the people This
the question which bad convused the Union and shaken
10 its very centre. This was the question which had
lighted the flames Of civil in Kansas and produced
dangerous sectional parties throughout the confederacy
II was Of a character 80 paramount in respect 10 the
condition Of Kansas rvet the attention OF the
people of the whole country upon alone. No person
thought Of any other question For my part, when
instructed Governor Walker in general terms in favor OF
submitting the constitution the people, had object
in view except the all absorbing question Of slavery In
what manner the people OF Kansas might regulate their
other concerns was not the subject which attracted my
attention In fact the general provisions Of recent alto
constitutions after experience Of eighty years,
similar and excellent, that would be dsut 20 far
wrong at the present day in framing constitution.
then believed and still believe, that under the organic
act the Kansas Convention bound to submit this all
important 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 in order to
give validity Had entertained such opinion, this
would have been IN opposition TO many precedents in
history commencing the very best age Of our republic
II would have been in opposition TO the principle which
pervades institutions AMI which is every day carried
into practcetha the people have right to delegate 10
tho Representatives chosen by themselves their sovereign
power to frame constitution laws and perform many
other important acts without requiring that these should
be subject their subsequent appreciation. 1t would be
a most nconvenient Limitation Of their power i'm.
posed by the people upon themselves, to excnde them
from exercising their sovereignty in any lawful manner
which they might think proper II s true that the people
Of Kansas might, If they had pleased have required the
Convention to submit tho constitution TO popular vote,
but this they have not done.
The only remedy, therefore, In this case IL that which
exists in all other similar cases If the delegates who
framed the Kansas constitution have 10 any vo
lated the will Of their constituents the people always pos
the to change their constitution laws accord
ing to their pleasure. The question Of slavery
submitted To the election Of the people the 21st OF De-
cember last Adt4npco to the mandate of the oonstitu
ton. Here agSW ppOrtuni,y was presented TO tho
sdherents Of the IN Sonstution, II they were tho
jorty, TO decdethis excMg question n their way"
and thus restore the peace Of the distracted Territory
but they again refused 10 exercise the right of popular
sovereignty and again suffered the election pass by de-
fault heartily rejoice that wiser and better spirit pre-
vailed among a large majority OF these people on
the first Monday In January, and that they did
that day vote under the Lecompton constitution for
Governor and other state officers member Of Congress
and members Of the Legislature. This election
warmly contested by the parties, and q larger vote
polled than at any previous election IN the Terri
tory. We may now reasonably hope the rcvo-
lutionsry Topeka organization will be speedily
and formally abandoned and this will 60 far towsrdss
final settlement Of the unhappy differences in Kansas
frauds have been committed at this election by
both parties the Legislature and people Of Kansas
under their constitution know how 10 redress themselves
and punish these detessble but too crimes with
out outside Interference The people Of Kansas have
then ''n their way and In strict accordance with
the organic act framed Constitution and State govern
ment have submitted the all important question Of slavery
TO he people, and have elected Governor member of
Congress, members OF the State Legislature and other
state oflcers," and they ask admission into the
Union under this constitution republican in its form. II
for Congress decide whether they will admit or reject
the state which has thus been cAa,ed.
For my own part am decidedly in favor Of its adms