The Kansas herald of freedom., 1858-02-20

he says, are invited By the highest au-
). thority known to the constitution, to par
+ ticipate freely and fairly in the election of
delegates to frame constitution and
4 State government" The law has per-
formed its entire appropriate function
when it extends to the people the right of
suffrage, but it cannot compel the per-
formance of that duty. Throughout the
whole Union, however, and wherever free
government prevails, those who abstain
from the exercise of the right of suffrage
authorize those who do vote to act for
them in this contingency; and absentees
are as much bound under the law and
constitution, where there is no fraud or
violence, by the act of the majority of
those who do vote, as if all had partici-
pated in the election. Otherwise, as
voting must be voluntary, self-govern-
ment would be impraeticable, and mon
archy or despotism would remain as the
only alternative.
1t may also be observed that at this
period any hopes, if such had existed,
that the Topeka constitution would ever
be recognized by Congress must have
4
ed en- the Sd of March previous, having
recognized the legal existence of the Ter
ritorial Legislature in a variety of forms,
which I need not enumerate. Indeed,
the delegate elected to the House of Rep
resentatives under a Territorial law had
been admitted to seat and had Just COM
| pleted his term of service the day preyi-
| Gus to nv Inauguration,
! This was the propitious moment for
settling all the difficulties of Kansas
this the time for abandoning the revolu-
tionary Topeka organization, and for
the enemies of the existing government
to conform to the laws and unite with
its friends in framing aState constitution.
But this they refused to do, and the con-
sequences of their refusal to submit
to the lawful authority and vote at the
election for delegates may yet prove to be
of the most deplorable character Would
that the respect for the laws of the land
which so eminently distinguished the
men of the past generation could be
revived. It is a disregard and violation
of law, which has for years kept the Ter
ritory of Kansas in state of almost open
rebellion against its government; it is the
same spirit which has produced actual
rebellion in Utah. Our only safety con-
sists in obedience and conformity to the
law. Should a general spirit against its
enforcement prevail this will prove fatal
to us as nation. We acknowledge no
master but law, and should we cut loose
i from its restraints and every one do what
seemed good in his own eyes, our case
would indeed be hopeless. The enemies
of Territorial government determined still
to resist the authority of Congress. They
] refused to vote for the delegates to the
convention, not because from circumstan-
ces which / need not detail, there was an
omission to register the comparatively few
voters who were inhabitants of certain
counties in Kansas in the early Spring of
/ 1857, but because they had determined at
| all hazards to adhere to their revolution
airy 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
electors who refused to vote can never
Justly complain. From this view it is
manifest that the Lecompton convention,
according to every principle of constitu.
tional law, was legally constituted and
invested with power to frame constitu-
ton.
/ The sacred principle of popular sove-
reignty has been invoked in favor of the
enemies of law and order in Kansas; but
in what manner is popular sovereignty to
L. H. :, =
the instrumentality of established law
In certain small republics of ancient times
people did assemble in primary meetings,
passed laws and directed public affairs.
In our country this is manifestly impossi-
Bile. Popular sovereignty can be exercised
here only through the ballot-box; and if
the people will refuse the exercise of it
in this manner, as they have done in
Kansas at the election of delegates, it is
. not for them to complain that their rights
have been violated. The Kansas conven-
ton, thus lawfully constituted, proceeded
to frame constitution, and having COM
pleted the work, finally adjourned on the
7th of November last. They did not
, think proper to submit the whole of this
constitution to the popular vote, but did
submit the question whether Kansas
should be slave or free State to the peo-
pie. This was the question which had
! lighted the flames of civil war in Kansas,
! and produced dangerous sectional parties
throughout the confederacy..
: It was of character paramount in re-
; spect to rivet the anxious attention of the
f people of the whole country upon it alone.
. No person thought of any other question.
D For my own part, when 1 instructed Gov.
t Walker in general terms in favor of sub
| mitting the constitution to the people,
9 had no object in view except the all alb
sorbing question of slavery. In what
: manner the people of Kansas might reg
q ulate their other concerns was not the
subject which attracted my attention. In
fact the general provisions of recent State
constitutions, after an experience of eighty
wears, are so similar and excellent, that
+ it would be difficult to go far wrong al
! the present day in framing new eonsti.
. tuition. 7 then believed. and still believe
Z that under the organic act the Kansas
n convention were bound to submit this al
/ important question of slavery to the peo
: pie.
S twas never my opinion, however. tina
s independently of this act they would
: have been bound TO submit any portion
i. of the constitution to a popular vote il
# order to give it validity. Had enter
tanned snch an opinion, this would have
= been in opposition to many preeedents il
: our history, commencing in the very bes
: age Of our republic. 1t wonld have bser
D in opposition to the principle which per
: vades our institutions and which is ever
Il day carried into practice-that the peopl,
!, have right to delegate to therepresents
/ tiyes chosen by themselves their sove
n reign power to frame constitution. enac
c Laws and perform many other importan
n acts, without requiring that these shoult
), be subject to their subsequent approba
Q tion. 1t would be most inconvenisn