Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-02-09

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| them from exercising their sovereignty in any
| lawful manner which they might think prop
er. 1t is true that the people of Kansas
might, If they had pleased, have required the
Convention to submit the Constitution to
popular vote, but this they have not done
The only remedy, therefore, in this case. is
| that which exists in all other similar cases.
If the delegates who framed the Kansas con-
| stitution have in any manner violated the will
of their constituents. the people always pos
| sess the power to change their constitution or
| laws according to their own pleasure The
| question of slavery was submitted to the
| election of the people on the 2lst of Deem
| Der last, in obedience to the mandate of the
| constitution. Here again fair opportunity
was presented to the adherents of the Topeka
constitution, if they were the majority, to
decide this exciting question - in their own
| way" and thus restore the peace of the dis
| tracted Territory but they again refused to
| exercise the right of popular sovereignty, and
| again suffered the election to pass 10y default.
| heartily rejoice that wiser and better spirit
prevailed among large majority of these
| people on the first Monday in January, and
that they did on that day vote under the Lee
compton constitution, for a Governor and
| other State officers, Il member of Congress-
and members of the Legislature
This election was warmly contested by the
parties, aud larger vote polled than at any
previous election in the Territory. We may
now reasonably hope the revolutionary To-
peka organization Will be speedily and form
ally abandoned and this will go far toward
final settlement of the unhappy differences
| in Kansas.
If frauds have been committed at this cleo
! ton by one or both parties, the Legislature
and people of Kansas, under their Constitu-
| ton, know how to redress themselves and
| punish these detestable, but too common
| Sriu xt-i.h pr ipfuf ll,a
| people of Kansas have then " in their own
way, and in strict accordance with the Or
| ganic Act, framed Q Constitution and State
| Government. have submitted the all impOr-
| tant question of slavery to the people, and
| have elected i Governor, a member of Con-
| gress, members of the State Legislature and
other State officers" and they now ask admis-
| sion into the Union under this Constitution,
| republican in its form. 1t is for Congress to
decide whether they will admit or reject the
State which has thus been created.
For my OWN part, | am decidedly in favor
of its admission, and thus terminating the
Kansas question. This will carry out the
great principle of non-intervention, sanctioned
10y the organic act which declares in express
language in favor of the non-interventiOn of
Congress with slavery in the States and Ter
rtOries, leaving the people perfectly free to
form and regulate their domestic institutions
in their own way, subject only TO the COnsti-
tuition of the United States. In this manner
by lOcalzing the question of slavery and con-
filming it to the people who are immediately
concerned, every patriot anXiOusly expected
that this question would be banished from the
halls of Congress, where it has always eXerted
a baneful influence throughout the country.
1t is proper that | should refer to the election
held under the act of the Territorial Legisla-
ture, on the first Monday of January 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 no authority existed in the Terrific
rial Legislature which could possibly destroy
its existence or change its character.
The election, which was peaceably conducted
under my instructions, involved strange in
cOnsistcncies. A large majority of the per-
sons who voted against the Lecompton Con-
stitutiou were at the same time and place re-
cognZng its valid existence in the most solid
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 expediency, after right has been
maintained, it may be wise to reflect upon the
benefits to Kansas and the whole country that
will result from its immt date admission into
the Union as well as the disasters that may
follow its rejection. Domestic peace will be
the happy consequence of the admission. and
that fine Territory, hitherto torn by dissen-
wealth, and speedily realize the blessings and
comfort which follow agriculture and mechan-
zeal industry. The people, then, will be SOW
ereign. and can regulate their affairs in their
own way.
If the majority of them desire to abolish do
mestic slavery within the State there is no
other possible mode by which it can be effect
cd so speedily as by its prompt admission.
The will of the majority is suprt me and ire
SiCt 10 hon lou
full manner. 1t can unmake constitutions at
pleasure. Itwould be absurd to say that they
can impose letters upon their own power
which they cannot afterwards remove If they
could do this they might tie their own hands
just well for hundred as for ten years.
These are the fundamental Principles of Am
erican freedom, and are recognized in some
form by every State Constitution, and if Con-
grcss in the act of admission should think
proper to recognize them | can perceive no
objection. This has been done omphatically
in the Constitution of Kansas. 1t declares in
its bill of rights that "all political power is
inherent in the people" and all free govern
ments are founded on their authority and in
stitutCd for their benefit, and therefore have
at all times AN inalienable and indefcasable
right to alter, reform and abolish their form
of government, in such manner they may
think proper.
The great State Of New York is at this mo-
ment governed under a constitution framed
and established in direct opposition to the
mode prescribed by previous constitution.
II, therefore, provision changing the consti-
tuition of Kansas after the year 1864 could by
possibility be construed into "a prohibition TO
make such change previous 10 that period Of
prohibition, il would be wholly unavailng.
The Legislature alrcydy elected may at It's first
= ssiOn submit the question To "A vote of the
people whether they Will or not have a con-
vention TO amend their constitution. aud adopt
all necessary means iOr giving CG.ct to the
popular will.
1t has been sol, mniy adjudgtd 10y the high
est judicial tribunal that slavery xIsts in kan-
sas by virtue of the constitution of the Unit
cd States. Kansas is there fore at this moment
as much a slave State rs either Georgia on
South Carolina. Without this the equality of
the sovereign States comprising the Union
would he violated, and the use and enjoy
ment of a Territory acquired by the common
treasure of all the States would be cios,d
against the people and property of early one
halt the mCHh, Is of the cont, deracy.
Slavery can therefore never bc prohibited in
Kansas. exec, pit through the means of "A con-
stitutional provisions; and in 10 other manner
can this bc obtained promptly, If the ma
jority of the people desire il, a. ~ admitting
her into the Union under her present consti-
tuition On the other hand should Congress
reject the constitution under the idea of afford
ing the disafiected in Kansas a third opportu-
nifty to prohibit slavery in the State, which
they might have done twice before, If in the
majority, no man can foreteil the consequences.
If Congress, for the sake of those men who
refused to vote for delegates TO the Conyen-
ton, when they might have excluded slavery
from the constitution. and who afterwards re-
fused To vote on the 2lst of December, when
they might as they claim, have stricken slav-