Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1858-02-12

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 review it is manifest that
the Lecompton Convention, according to
every principle of constitutional law, was
legally constituted, and was invested with
power to frame constitution.
The sacred principle of popular sovc-
reignty has been invoked in favor of the
enemies of law and order in Kansas. -
But in what manner is popular sovereign
ty to be exercised in this country if not
through the instrumentality of establish
ed law? In certain small republics of
ancient times the people did assemble in
primary meetings, passed laws, and di-
rected public affairs. In our country
this is manifestly impossible. Popular
sovereignty can be exercised here only
through the ballot-box; and if the pco-
pie will refuse to exercise it in this man
ner, 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 Convention, thus lawfully
constituted, proceeded to frame a consti-
tuition, and, having completed their work,
finally adjourned on the It'll day of No
vember last. They did not think proper
to submit the whole of this constitution
to popular vote; but they did submit
the question whether Kansas should be a
free or slave State to the people. This
was the question which had convulsed
the Union and shaken it to its very cen
ter. This was the question which had
lighted up the flames of civil war in
Kansas, and had produced dangerous
sectional parties throughout the Confede-
racy. 1t was of character so para
mount in respect to the condition of Kan.
sas as to rivet the anxious attention of
the people of the whole country upon it,
and it alone. No person thought of any
other question. For my own part, when
| instructed Governor Walker, in general
terms, in favor of submitting the consti-
tuition to the people. I had no object in
view except the all-absorbing question of
slavery. In what manner the people of
Kansas might regulate their other con-
Germs was not subject which attracted
my attention. In fact, the general pro-
visions Of our recent State constitutions,
after an experience of eighty years, are
so similar and so excellent that it would
be difficult to 90 far wrong at the present
day in framing new constitution.
/ then believed, and still believe, that,
under the organic act, the Kansas Con-
vention were bound to submit this all
important question of slavery to the peo-
pie. 1t was never, however, my opin-
ion that, independently of this act, they
would have been bound to submit any
portion of the constitution to popular
vote in order to give it validity. Had /
entertained such an opinion, this would
have been in opposition to many prcce-
dents in our history, commencing in the
very best age of the Republic. 1t would
have been in opposition to the principle
which pervades our institutions, and
which is every day carried out into prac-
tice, that the people have right to dele
gate to representatives, chosen by them
selves, their sovereign power to frame
constitutions, enact laws, and perform
many other important acts, without re-
quiring that these should be subjected to
their subsequent appreciation. Ii would
be most :nconyenient limitation of their
own power, imposed by the people upon
themselves, to exclude them from cxer-
cising their sovereignty in any lawful
manner they think proper. 1t is true
that the people of Kansas might, if they
had pleased, have required the conven-
ton to submit the constitution to pop
ular 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 constitution have in any manner
violated the will Of their constituents,
the people always possess the power to
change their constitution or their :,
according to their own pleasure
The question of slavery was submitted
to an election Of the people of Kansas
on the 21st December last, in obedience
to the mandate Of the constitution. -
Here, again, a fair opportunity was pre-
scented to the aGherents 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
sovereignty, and again suffered the cleo
ton to pass by default
/ heartily rejoice that wiser and bet
ter spirit prevailed among large ma
jority Of these people on the first Monday
Of January; and that they did, on that
day, vote under the Lecompton constitu-
ton for governor and other State Off
GERS, member Of Congress, and for
members of the Legislature. This cleo
ton was warmly contested by the parties,
and larger vote was pollcd than at any
previous election in the Territory. We
may now reasonably hope that the revo-
lutionary Topeka organization win be
speedily and finally abandoned, and this
will 90 far towards the final settlement
OF the unhappy differences in Kansas. IF
frauds have been committed at this election
either by one or both parties, the lcgisla-
ture and the people of Kansas, under
their constitution, will know how TO re-
dress themselves and punish these de-
teEtable but too common orin,es without