Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1858-02-10

election. Otherwise. as voting must be vol |
untary, self-government must be Impractical
BILE. aud monarchy or despotism would remain
as the only alternative.
1t may also be observed that at this period
any hope, if such had existed, that the Tope-
ta constitution would ever be recognized by
Congress, must have been abandoned. Con-
gress had adjourned on the Sd of March pre-
vious, having recognized the legal existence
of the Territorial Legislature in a variety OF
forms. which l need not enumerate. Indeed,
the delegate elected to the House of Repre-
sentatives under territorial law had been ad-s
mitted to his seat. and had just completed his
term OF service on the day previous to my ia
auSuration. -efssu
This was the propitious moment for settling
all difficulties in Kansas This was the time
for abandoning the revolutionary Topeka or
ganization, and for the enemies OF the exist
ing government. TO conform to the Laws, ana 10
unite with it's friends in framing State con.
stitution. But this they refused TO do, anu
the consequences of their refusal TO submit 10
lawful authority aud vote at the election OF
delegates may yet prove to be OF = most depte-
rable character. Would that the respect tor
the laws of the land which so emineutly dis
tingnshed the men of the past generation,
could be revived. 1t is n disregard and viola
tiou OF law, which have for years kept the ter
ritory of Kansas in almost open rebellion a
which has produced actual rebellion in U:ah
Our only safety consists in obedience and con-
formity to law. Should general spirit against
its enforcement prevail, this will prove fatal
10 MS as . nation. We acknowledge no master
bat the law and should we cut loose from its
restraints. and every one do what seemeth
good in his own eyes, our case viii indeed be
hopeless.
The enemies of the territorial govern
" of Congress. They refused TO vote for
delegates TO the convention not because,
from circumstances which need not de
tail, there was an omission 10 register the
comparatively few votes who were inhabi-
tants of certain counties of Kansas in the
early spring of 1857. but because they had
predetermined at all hazards to adhere 10
their revolutionary organization, and de
feat the establishment of any other corsti-
tuition than that which they had framed
ut Topeka. The election was, therefore.
suffered TO pass by default; but of this re-
suit the qualified electors who refused to
vote can never Justly complain.
From this review it is manifest, that
the Lecompton convention, according to
every principle of constitutional law, was
legally constituted, and was invested with
power 10 frame q constitution.
The sacred principle of popular sover-
! eighty has been invoked in favor of the en-
emies of law and order in Kansas. But in
what manner IS popular sovereignty TO be
/ exercised in this country. il not through
| the instrumentality of established lss.y p
1 In certain small republics of ancient times
! the people did assemble in primary meet
| ings, passed laws and directed public af-
fairs. IN our country this is manifestiy
| impossible Popular sovereignty can be
I eeI .ts
| box: and if the people viii refuse to exer-
| else it inthis manner, as they have done
| in Kansas at the election of delegates, ii is
not for them to complain that their rights
have been violated.
| The Kansas convention. thus lawfully
! constituted, proceeded TO frame a constitu-
! ton. and, having completed their work
| finally adjourned on the Tth day ofNovem-
| Der last They did not think proper to
submit the whole of this constitution to a
popular vote; but they did submit the
question whether Kansas should be n free
! ora slaveState TO the people. This was the
question which had conyulsed the Union
| and shaken it 10 its very centre. This was
| the question which had lighted up the
! flames Of civil war in Kansas. and had pro-
duced dangerous sectional parties through
out the eonfederacy. Ii was of a charac-
| ter SO paramount TO the condition of Kan
/ Sas, as TO rivet the anxious attention of
/ the people of the whole country upon il.
and IL alone. No person thought of any
other question. For NV own part, when
| | Instructed Governor Walker. in general
terms, in favor OF submitting the constitu-
! ton 10 the people. | had no object in view
| epttheall-ahsorbing question of slavery
/ In what manner the people of Kansas
might regulate their other concerns was
1 -,
ton. In fact, the general provisions of
| our recent State constitutions, after an ex-
perlence of eighty Years are so similar and
50 excellent, that it would be difficult 10
go lar wrong at the present day in framing
| q new constitution.
/ then believed. and still believe. that
under the organic act the Kansas conven-
ton were bound TO submit this all inpor-
tant question of slavery 10 the people II
was never, however, my opinion that in
dependently of this act they would have
/ been bound 70 submit any portion of the
| constitution TO a popular vote in order to
! give II validity Had [ entertained such
an opinion this would have been in oppo-
/ sition 20 my preceClentS IN our history. COM
| nencing in the very best age of the reput,-
/ lie. Ii would haze been in opposition 10
/ the principle which preEades our instittI-
/ tions, and which Is every day carried ont
/ into practice, that the people have the right
/ 10 delegate TO representatives. chosen by
/ themselves, their sovereign power TO frame
I constitutions, enact laws, and perform
nlary other important acts without requi-
| ing that these should be subjected 70 their
subsequent appreciation. Il wouid be a
most Ineonvenient limitation of their own
power, imposed by the people upon them
selves, toeSclude themIrom eNercisinstheir
sovereignty in any lawful manner they
/ think proper. 1t Is true that the people
OF Kansas might, if they had pleased, have