M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1858-02-11

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most deplorable character. Would that the
respect for the laws of the land which so
eminent, distinguished the mon Of the past
generation, could be revived. Ills disre-
gard and violation of law which has for years
kept the territory OF Kansas in a staIe Of al
most open rebellion against its government
1t is the same spirit which has produced ac-
tual rebellion in Utah. Our only safety con-
ssts in obedience and conformity to the law,
Should general spint against its enforce
Inent prevail, this will prove fatal to us as
alton.
We acknowledge no master but law,
and should we cut loose from its restraints,
and every one do what seemeth good in his
own eyes, our case would indeed be hope
less. The enemies of territorial government
determined still TO deny the authority OF
Congress- They refused to vote for the del
egates to the Convention, not because, from
circumstances which need not detail, there
vas an omission 10 register the comparative
ly few voters who were inhabitants OF GER
tain counties in Kansas in the early spring
OF 1857, but because they had determined at
all hazards to adhere to their revolutionary
organization, and defeat the establishment OF
aLy other Constitution than that which
they had framed at Topeka. The election
was therefore suffered TO pass by default; but
Of this re suit the qualified electors who re-
fused to vote can never justly complain
From this review it is manifest that the Le'
compton Convention, according to every
principle of constitutional law, was legally
CONSTITUTED and invested with power to
frame constitution.
The sacred principle of popular so7er-
eighty has been invoked in favor Of the ene-
mics of law and order in Kansas; but in
what manner is popular sovereignty to be
) exercised in this country, if not through the
inslrumentalty of estabIished;law? Certain
small republics of ancient times did assem-
bic in primary meetings, passed laws and di.
rected public affairs. In our country This is
|. manilestly impossible. Popular sovereignty
can be exercised here only through the ballot;
and if the people will refuse the exercise ol
, il in this manner as they have done in Kan
saS al the election Of delegates, it is not ioT
, them to complain that their rights have been
violated. The Kansas Convention thus law
fully constituted, proceeded to frame Con-
: stitution, and having completed the work
! finally adjourned on the 7th of November
last They did not think proper 10 submit
the whole of this constitution to the popu'
lar vote, but did submit the question wheth.
/ Kansas should be free or slave State to the
people, This was the question which had
: convulsed the Union and shaken it to its
very center.
This was the question which had lighted
; the flames of civil war in Kansas and produ'
ced dangerous and seci ional party shile
throughout the Coniederacy. 1t was of d
character 50 paramount in respect to the con.
dtion OF Kansas, as to rvet the anxious at
, tention of the whole people of the country
upon it alone. No person thought of any
other question. For my own part, when
instructed GOV. Walker in general terms, in
iavorof submitting the constitution to the
people, had no object in view except the all
absorbing question Of slavery. | what man.
ner the people of Kansas might regulate their
other concerns, was not the subject which
attracted my attention. In fact, the general
provisions of recent State Constitutions. af-
ter an experience Of eighty years, are so sim
liar and excellent, that it would be difficult
to go far wrong, at the present day In tram
ing a new Constitution. | then believed
and still believe, that under the organic aC!
the Kansas Convention were bound to sub.
nit this all important question of slavery to
the people.
1t was never in my opinion, however
that pendently OF this act, they would
have been bound to submit any portion oI
the Constitution to a popular vote in order
to give it validity. Had entertained such
an opinion THIS would have been in opposi-
ton to many precedents in our history, com.
mencing in the very best age of our Repub'
lie. 1t would have been in opposition Ia
the principle that pervades our institutions
and which is every day carried into practice
that the people have right to delegate to
REPRESENTATIVES chosen by themselves, theil
sovereign power to frame a Constitution
enact laws, and perform many other impor.
tant acts, without requiring that these should
be subjected to their subsequent approba ton
i 1t would be q most inconvenient Limitation
of their own power, imposed Oy the people
upon themselves, to exclude them from ex'
erCising their sovereignty in any lawful man
ner which they think proper. 1t is true thai
the people of Kansas might, if they had
pleased, have required the Convention to sub,
nit the Constitution to a apopulqr vote, but
this they have not done.
The only remedy, therefore, in this case
is that which exists in all other similar ca.
ses. If the delegates who framed the Kan.
sas Constitution have in any manner viola.
ted the will of their cons tituents, the people
always possess the power 10 change their
constitution or laws according to their own
pleasure.
The que stion OF slavery was submitted to
the people on the 2lst OF December last, in
obedience to the mandate of the Constitu-
tion. Here again a fair opportunity was
presented to The adherents of the Topeka
Const tuition, if they were the majority, tU
decide this exciting question in their own
way, and thus restore the peace of the dis.
tracted Territory; but they again refused to
exercise the right of popular sovereignty,
and again suffered the election tO pass by de-
! fault.
heartily rejoice that wiser and better
spirit prevailed among a large majority Of
these people, ON the first Monday in January,
and that they did on that day vote under the
Lecompton Constitution for Governor and
other State officers, member OF Congress,
and members of the Legislature. This elec.
ton was warmly contested by the parties,
and larger vote polled than at any previous
election in the Territory. We may now
! reasonably honp that the revolutionary To-