Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1858-02-04

lis enforcement prevail, this will prove fatal
to Us as a nation We acknowledge no ma
ter but the law; and should we cut loose
from its restraints, and every one do what
.e.meth good 10 his own eyes, our case will
indeed be hopeless.
The enemies of the territorial government
determined sill 10 resist the authority OF
Congress. They refused 10 vote tor delegates
To- the convent N not because. from cIrcum'
tame. which | ueed not detail, there was
m omission to register the comparatively
fcy voters who were inhabitants of certain
cruutias of X ,nsa> in the early spring OF
1857. hut because they had predetermined
AT al! hazards 10 adhere to their revolution
ary organization, and defeat the establish
ment 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 cleo
tors who refused to vote, can never justly
complain.
From this review, it is manifest that the
LecOmptun convent On, according to every
principle Of constitutional law, was legally
constituted, and WIS Invested with power t.
/ frame a constitution.
The sacred principle of popular sovereign
" has beeo invoke 10 favor OF the enemies Of
law and order il k.usas. But in what man
uer is popular sovereignty 10 De exercised IN
tnis country, If not through the instrumental
ity Of established law? In certain small re-
public7 Of ancient times the people did assem-
bic in primary meetings, passed laws, and d.
rected Iub'ic affairs. Ia our country this is
manta-tly impossible. Popular sovereignty
can De exercised here only through the bal
/ lOtbDX ard If the people will refuse to eXer-
else it IN this manner, as they have done III
Kansas at the election Of delegates, it is not
{ tor them TO COMPLAIN that their rights have
I been violated.
/ The Kansas convention, thus lawfully con-
! stltuted, proceeded to fame constitution,
and. having completed their work, finally
/ adiJurnd on the eth day Of November last.
! Tuey did not think proper to submit the
whole Of this constitution to a popular vote
but they did submit the question wheth-
cr kansas should be free or slave
State, to the people. This WAS the question
which had cOnvulsed the UnlDn and shaken
it to It's very ceutre. This was the question
which had lighted up the tiamea Of civil war
III klHs IS, and had produced dangerous sec
tlCnal parties throughout the c0nteracy. 1t
was OF q character 80 paramount IN respect
to the condition OF Kansas, rs to riSet the an
xipus attention Of the people o! the whole
country upon il, and it alone. No person
thought OF any other qu stion. For my own
part when ! instructed ". Walker, in gene
raj terms, 10 favor Of submitting the c0nstitu
ton t. the people, had 10 object 10 view ex-
cept the ail.absJrUng question OF slavery
la what manner the people Of Kansas might
regulate taeIr other concerns, was not a sub
lect which attracted any attention. 10 fact
Che general provisions of our recent Sat-
cou-tituticns after an experience of eighty
year., are 50 similar tRd 80 excellent, that 1t
would be d'lhcult 70 90 tar wrong at the pres
cut day IN framing a new constitution.
| then believed, and still believe, that, I'M
der the organic act. the Kansas convention
we're bound to submit this ail-mportant
question Of slavery TO the people. Ii was
never, however, my opinion that, independents
ly Of this at, they would have been bound
t. submit. any portion ol the constitution to a
popular vote, in order to give it validity
Had entertained such 40 opinion, this would |
have been IN opposition TO many precedcnts |
in our history, commencing in they very best |
aye Of the republic. 1t would have been in |
opposition To the principle which peryades |
cur institutions, and which is every day car
RED Gu; into practice that the people have
the right to delegate to representa- |
chosen by themselves, their sovereign power |
30 frame constitutions, enact laws, and per- |
form many other important act-, without re-
quIriDg that these should subj ,cted to their |
subsequent appreciation. IL would be q most |
announcement Limitation Of their own power, |
imposed by the people upon themselves, to !
exclude tham from exercising their sovereign |
~ in any lawful manner they think proper. |
IL is true that the people Of Kansas might, If |
they had pleased, have required the conven.
ton 10 submit the constitution TO popular |
vote; bat 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 manner violated the will Of their |
constituents the people always possess the |
power 10 change their constitution or their |
laws, according to their own pleasure.
The question Of slavery was submitted TO |
an election Of the people OF Kansas on the |
DIST December last, IN obedience to the man
date Of the constitution. Here, again, a 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 peace to
the distracted Territory; but they again re-
fused to exercise their right OF popular SOW
erclgnty, and again suffered the election to |
10 pass by default.
| heartily rejoice that a wiser and better |
spirit prevailed among large maj ority Of |
these people on the first Monday OF January; !
aud that they did, on that day, vote under |
the Lecumpt1n Con, titution for a Governor |
and other State officers, member of Con- |
gre-s aud tor members OF the Legislature |
The ell cuon was warmly contested by the |
parties, and larger vote was poled than At .
any previous election in the Territory. We .
may now reasonably hope that the revOlu.
tlonary Topeka organ EATON will be speedily |
and finally ahandpnei, and this will 20 far |
towards the final settlement OF the unhappy !
differences IN Kansas Ii frauds have been |
Committed at this election either by one or |
both parties, the Legislature and the people .
Ol kan-as, under their constitution, will 4
know how to redress themselves and punish |
these Diet stable but too common crimes |
without any outside interference.
The people Of Kansas have, then, sin |
their uwn way" AID III rict accordance |
with the organic act, framed Constitution |
and State gOsernmeLt: have submitted the |