The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-02-22

Souiu people themselves be restricted had
IheV oeeh assembled, in person, in one great mass
meeting, to make a constitution for their own GOV
efnment Hence the work of that Convention was
maj and complete, and must so remain in all lis
parts, until changed by the people that called and
elected the Convention that made it. The vote on
.ne single clause submitted on the DIST Decemhar
1891, was final vote; the Convention itself if reas
sembled, could neither change the constitution nor
order second vote. The power with which if was
lntrusted by the people is exhausted. Its members
are now only private citizens and ike other nrrato
citZeils, must obey each and every requirement of
the constitution which they seyerallv helped to
create. FAR less can thereto unauthorized Eyecu-
tlve Judiciary or Legislature change alter modify
or nullify the constitution made bv The nannIa
through their selected Observation-Disclosures
yves elected by the people themselves and clothed
with special direct and positive authority for that.
ana Tor no other purpose.
Good citizens, and REPRESENTATIVES Of rood oiti
Zens, cannot consistently do ANYTHING expressly to
uphold vlolators of law and known dst1rbers of the
pubhc peace. 1t is alike impolitic and uniust TO
grant the turbulent demands of the disorderly, be
they lew OF many; 1t is wrong to aid them to over
turn constitution made by the law abiding sup
Portefs OF the government and laws of Kansas. the
more especially when the habitual disturbers would
not nave any cause of complaint of any kind as thew
themselves loudly assert if they had listened to the
earnest counsels of the President of their country
and the Governor of their Territory and had eyer
clseu tner right and honestly performed their DUTY
py voting upon either of these occasions: l. when
Wy ny was taken upon calling convention 2,
Wheh the convention was elected; g. when the uues-
ton was submitted whether the slavery clausa
should or should not be retained in the constitution
II the abolitlonists were in majority as tbey 81
ouaiV BOAST, and would not vote against the estab
Hshment OF slavery in Kansas but allowed tbosa
who would vote to establish IT. they have no ;,,st
cause OF complaint. If they were in a minority as
there Is reason to believe, they have no cause of
complaint, Tor the majority Of the people voting in
accordance with the theories of all ouoht to rnln
Notwithstanding the noisy and incessant claims Of
the abollhonists to be considered majority of the
people OF Kansas, the truth of those claims remains
to be shown. Having been abundantly supplied
with superior arms such as Sharp's rifles Coils rn
volvers and bowie knives and been trained for two
or three years to their use and to move in concart
and in masses. the idle and the lawless men sent
INTO Kansas by the fanatics of New England, have
become dangerous and formidable Rut their MN
bers have been, it is believed, greatly exaggerated
Their power consists in their superior ORGANIZATION
ana arms, and IN their being supported in idleness
called upon to vote for or against the calIin
Oh convention to form constitution these merce-
narleS OF political priests did not venture to measure
strength at the polls with the democratic Marty of
Kansas, but allowed the election to 90 by defauIt
80, again, when the members of the Convention
were elected, the abolitionists shrunk from the
c1Itest. 90, aisp, when the question came up
whether there should or should not be a clause re-
tanned IN the constitution allowing slavery to be
established In Kansas, they again shrunk from the
contest conscious Of their weakness, or from SIMS
Ter political design. 1t is possible there may be a
majority of the citizens of Kansas from the non
savehodng States but all are not abolitionists or
fanatics ON the slave question Why this continued
absence from the polls if they had the real strength
WIN Whlch to take possession of the Legislature
and thus peacefully end all difficulties by HAVING
everything their Gown way?"
At the late election of State officers they exerted
lhelf strength IN union with certain fayorino ele-
menus, ana so close was the contest even when
mus alded, that the result is as yet unknown
which was held last fall, and their success is read
y accounted for without resorting to the suppose
'ioh 'haC the apolltlonlsts compose majority, or
even fourth, OF the voters of Kansas.
As to their vote upon the constitution Givan nm
IN On the Attn OF January last, two weeks after the
lay appointed by the only competent authority to
appoint day little need be said for it was utterly
irregular, and was thrown upon a day other than
lle egal one Tor the purpose of casting contempt
upon the government. Votes cast without lawful
upon question decided and with a mr.
pose to unfavorably affect what is lawful. orderly
md right, are entitled to no consideration at the
lahos OF those VINO do not claim to favor lawless-
ness and anarchy.
The men who habitually set all law at defiance
md who consider all restraint upon their wishes as
tyranny, should report that they have cast ten
housand votes against constitution, when upon
he same day, and at the same place they were
ble to rally in favor of their candidates for Office
lot so many voters by three or four thousand will
urprlse no one and influence no one As good cit
zens 1t was their duty to have voted on the lawful
lection day; as turbulent persons they chose to
ote Two weeks afterwards; hence, had they num-
'ered Millions their numbers would not conceal nor
alate, Tar less justify, their open disregard and
ontempt of law.
some consider the submission of a constitution
0 vote OF the people for ratification as NECESSARY,
o ITS validity. In this opinion the COMMITTEES do
ot concur. The people may assemble as in an
lent days, IN mass meeting, and make a constitu
ION they may elect representatives to make one
hoy Hva1an
ne to be submitted to them for approval or rniec
ion. The last method is most approved of durino
he past lew years, though formerly tho second
as very generally resorted to.
The calling of the constitutional convention of |
ansas IS generally conceded to have been strictly
gal The election of its members is also admitted |
have been legal. 1t is not logical to infer that
invention legally called, legally elected and cloth
4 with authority to make a constitution, can no
ore be lntertered with by Governor, Judge or leos
tor either to increase diminish its powers or to
TIER, modify, or nulty its acts, than the people
ould be ntertered with had they assembled enassee
stead OF by representatives? the Legislature of
State may not alter or annu the constitution
hereof unless thereto specially authorized by the
aople. "
No election of officers under constitution. no
ote on the adoption of constitution, held on dav
'lor, or on day subsequent to the day fixed nv the
wfully constituted authorities is considered valid in
ny state, or in any territory, or in any CITY, conn
, or town, in the United States, no matter how
w or now many persons may engage in the lawless
'oceeding. Non can be chosen President. or
oVernor, or Mayor or, Justice of the Peace but
the day appointed by law; and except by shame
IS desperadoes in Kansas, no where in the United
ates has this doctrine been practically controyert
!. III the monstrOus practices of the bold bad men
Kansas, now an exception, are to be erected into
rule, how long will it be ere some audacious sec
)nal faction will find pretence for holding Pres
entail election on day other than teat appointed
law; ana when elections are held without law by
ction1s5s, ana on day subsequent to the day APP
'lnted by law, their candidates will always have
ost votes; the legal candidates will by them be
onounced the minority candidates and The ir-
gular and illegal ones will be called the ''maiority
ndldates." Then will follow strife, bloodshed and
vii war
ID most surely upheld by strict adherence to laws:
trages and crimes are easiest committed and best
detected In the midst of civil connection There
no real ana true safety to our liberties and insti-
tons but IN strict adherence to the spirit and
e letter OF our constitutions and laws and there is
danger to our peace and our Union that we can
It easily escape if we will conscientouslv adhere
them. " no ever heard of Legislature other
an tiiat ol Kansas which had the presumption to
point day, open the polls and request the peo-
e TO vote Tor or against constitution which had
en- fnally adopted by the people two weeks be-
re, and which nobody could change but the peo-
E, and they only by formal action to that direct
d! The action on the constitution on the DIST
acember, 1887 was final action, and that nstru-
ent was on that day completed one; it can be
anged, as all State constitutions can be; but I'M
formally ana lawfully changed, it is yad and
turbulent opponents will find that the validity of
at fundamental law cannot be affected by town
eetlng harangue, or by an irregular vote ordered
a rash body OF beaten partzans.
Many generous persons who are quite indisposed
countenance the violence and contumacy of the
oltlonlsts sent INTO Kansas for the purpose of ey
lding therefrom all property not pleasing to them
their abbettors urge that something might be
ne to lessen the hardships that will fall upon
EN- IN the event of the admission of Kansas into
e l MON with the constitution made at Lecomp-
q; that although it is true that the abolitonists
'ently opposed registration; would not vote at
ctions; held sham elections on DAYS subsequent
those appointed by law, and even refused to vote
ainst the establishment of slavery at time when
y protested to believe their doing so would have
cluded it, and thus have peacefully settled the 5
estion to their own satisfaction, yet they consid-
1t would be too severe to compel such coutuma- ;
us citizens, though it is their own fault, TO
e under constitution which, however grievous
provisions may prove to be, they cannot change, {
IN ol,,t.z II