Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1858-02-12

Ihe Governor also clearly and distinctly informs them
' Nunh pe thc consequence IL they did not participate
in me election The people Of Kansas then. he saws
arc invited by the highest authority known TO the Con,
uuon, 70 participate freely and fairly In the election Of
mcnt" w
The law has performed iu function when il extends to
he people the right of suffrage, but cannot compel the
performance Of that duty Throughout the whole Union
however aud wherever free government prevails those
VINO ABSTAIN from tho exercise VI the right Of suffrage
authofo those who do vote 20 act f,r tbor I'M that CON
wv \. " quo an'entees are as much bound with The law
ana Onnsiuuon where there is mo- fraud or violation by
h5 W ~ tne majority Of those who do vote. as II an
had participated ia the election. Otherwise as voting
must pc voluntary. sefgoycrnmcut would be- irnnrae,
o anu monarchy or despotsm would remain rs the only
IL may also be observed that at this perod any hopc
II any has existed, that the Topeka Constitution would
eyer pc recognized b Congress must have boon abandon
ca Ionges had adjourned on the third of March with
ou having recognized the legal existence OF the Tcrto
m IlAl Los.ature in variety of forms which need not
cnumerate Indeed the DELEGATE elected 20 tho House
Of Representative under the Territorial l, mad been
Aumucl TO seat and had just completed his term "
seIN,e we DAY previous 20 my Inauguration This was
prpptous moment Tor settling an ihe dHculues Of
hAhsas this the time flr abandoning the revolutionary
topeka oganDation and for The enemies Of the existing
government 70 conform 10 the laws and unite with rs
I.iSuuS5 S5 ~ RAINING state Constitution. But this they
refused tl do and the consequence of their refusal To
uu9li 20 The lawful authority and vote The election
lt brentes may yet prove 20 he Of the daporahe
character Would that be respect for the laws ol the
Nu1' winch so cnincutly distinguished the of the
last generation. could they be revived Il disrerffd
ana violation NJ law which has for years kept the Terri
oy OF Kansas i'm state Of almost open rebellion against
s government l is the same spirit which has produced
,uAt rebellion in Utah. Our only safety consists In
u..enee ana conformity 20 the laws Should general
t against its enforcement prevail this will prove IA
i'l 20 US a. nation. We acknowledge master but
"N an" shouu we cut loose from s restraints and cv
cry one dn what seemed good in his own eyes our case
would indeed be hopeless.
Ihc enemies VI Territorial government determined
h 10 resist the authority Of Congress they refuse to
vote Tor the delegates TO the Convention not because
gr.un'ianees which need not detail, there was an
OMISSION TO- register the comparatively few who
u'iiaol'anis OF certain counties in Kansas in the
carly spring OF 1871 because they had determined at all
10 adhere 70 their revolutionary organization
ueieh the eshbishment Of any other Constitution
man that which they had framed at Topeka. The cleo
@ s therefore suffered 90 pass by default but Of this
result the qualified electors who refused 10 vote can never
complain From this review manifest that the Ie-
ompon convention according every principle Of
suuoha law was legally constituted aud invested with
PurTt'r 20 Hane Constitution.
me sacred principle Of popular sovereignty has been
INVOKED 10 favor Of the enemies Of law and order in Kan
,goreiI a. H.','uvi ~ put"Af 'V,eI'ikn'y 2" ue
AsIca IN ms country II not through the instrumen-
iality of established law
In certain small Republics Of ancient times, they
semlea M primary meetings passed laws aud directed
pubic affairs In country this is manifestly impos-
siole Popular sovereignty be exercised here only
through the ballot and il the people will refuse the excr
Csc OF u IN this manner they have done in Kansas at
the election Of delegates il is for them to complain
that their rights have been violated.
Ihe Kansas convention thus lawfully constituted pro-
.eedea 70 frame constitutions and having completed the
work, finally adjourned the 7th Of November last
heN not ihlk proper 10 submit the whole OF this
constitution to the popular vote, but did submit the
question whether Kansas should be slave State the
people.
This the question which had convulsed the Union
ana shaken To its very centre. This the question
which had lighted the flames Of civil war in Kansas and
produced dangerous sectional parties throughout the con-
idracy IL was Of character paramount in respect
to the condition Of Kansas rvet the anxious atten
non OF the people Of the whole country upon It alone.
No person thought Of any other question For my own
part, when instructed Gov Walker in general terms In
aToI m OF submitting the Constitution TO the people had
slavery IN what manner the people OF Kansas might
regulate their other not the subject which
attracted my attention In fact the general provisions
OF the recent State Constitutions after experience "
eight Years arc 80 oiia and excellent that would be
dihcalt 10 go TAR wrong a the prscut day IN nrninEs
new Constitution then believed, and still believe that
under the organic act he Kansas Convention hound
to submit this all important question Of slavery the
people.
Ii was never my opinion however, that independently
Of this act they would have been bound submit any
portion Of the Constitution to popular vote, TO give Il
validity. Had entertained such an opinion. this would
have been in opposition 10 many precedens in histo
~, commencing in the very best Of our Republic.
II would have been In opposition the principle which
nervades our institutions and which every day carried
into practice that the people have right TO delegate
the representatives chosen by themselves their sovereign
power TO frame constitutions, 10 make laws, and perform
many other Important acts without requiring that these
should be subjected to their subsequent Appreciation II
would be a most inconsistant Limitation Of their own
power, imposed by the people upon themselves TO
cudc them from exercising their sovereignty in any law
fu manner which they saw proper II is true that the
the Convention 10 submit the Constitution 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 II The delegates who
framed the Kansas Constitution have in any vo-
lated the will Of their constituents the fpeope always
possess the power to change their Constitution laws
according 10 their pleasure.
The question Of slavery submitted 10 the election
Of the people the 2lst Of December last in obedi
cnoe to the mandate Of the Constitution. Here, again.
fair opportunity presented to the adhments of the
Topeka Constitution, II they the majority decide
this exciting question in their way and thus restore
the peace Of that distracted territory but they again
fused to exercise the right Of popular sovereignty and
again suffered the election to pass by default.
heartily rcioiced that wiser and better spirit pre-
vailed among large majority Of those people the first
Monday in January, and that they did that day vote
under the Lecompton Constitution for a Governor and
other State officers member Of Congress, and mem
bcrs Of the Legislature. This election warmly con-
tested by the parties and larger vote poed than any
ably hope that the revolutionary Topeka organization will
be speedily and finally aband1ned and this will go far
towards final settlement Of the unhappy differences in
Kansas.
II frauds have been committed at this election by one
or both parties. the legislature and the people Of Kan
sas, under their constitutions know how 70 redress them
selves and punish these detestablo but too common
crimes without our interference.
The people Of Kansas have then in their own way and
in strict accordance with the organic law framed
suution and State government-have submitted the all
important question Of slavery TO the people. and have
elected Governor, member Of Congress the State
Legislature and other State officers aud hhey now ask
admission into the Union under this constitution, Repub
lean in ITS form.
It Is for Congress 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 tho great principle of nonncrven-
uon sanctioned by the organic act which declares In
press language n favor Of the nonnterycnton Of Com
gress with slavery 10 the States and Territories leaving
the people perfectly free 70 form and regulate their do
mostc institutions In their way, subject only 10 the
Constitution Of the United States.
In this manner ocalizng the question Of slavery, and
conhning It 10 the people who Immediately concerned
every patriot RnXnusy expected that the question would
be banshcd from the halls of Congress- whore Il has al.
ways oxered lnnef influence throughout the country
II is proper that should refer the eioctions held
Monday Of January, the Lcclmptuu Constitution.
This election held ahcr the Territory had been nrc-
pared for admission into the Union as "a sovereign State
and when no authority existed IN the Territorial Legisa-
trc which could possibly destroy It's existence change
It's character.
The election which was pcaceabiy conducted under nv
instructions, involved strange Inconsistency. large
majority Of tho persons who voted against the iccompon
Constitution were at the time and place rccognz-
ing its valid existence in the solid and authentic
manner by voting under is provisions. Ihaye yet
oeiyed no official information Of the result of this cleo
ton.
II may be wise TO reflect upon the benefit to Kansas
aud the whole country that will result from ts immediate
admission into the union well the disasters that
may follow its rejection.
Domestic peace win be the happy consequence Of the
admission, and that fine Territory, hitherto torn by dis
scnsinns will rapidly increase in population and wealth,
aud speedily realize the dressings and comforts which fol-
low agriculture aud mechanical industry. The people
then will be sovereign, and regulate their own affairs
in their way II The majority Of them desire 10 a.
bolish domestic slavery within the Stats there Is no other
possible mode by which i can be effected speedily as