Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-02-05


of delegates to frame Constitution and State government
The law has performed its entire appropriate function when
extends to the people the right of Suffrage but cannot
compel the performance of that duty. Throughout
whole Union, however, and wherever free pre-
va those who abstain from the exercise OF the right OF
suffrage authorize those who do vote them in that
contingency and the abSentccs much hound under
law and constitution, where there fraud violence
by the act of the majority of those who do VOTE all had
participated in the election Otherwise voting must be
voluntary. sefgovernment would be npracteabie, and
monarchy desposm would remain the only alterna
tive FEfE
1t may be observed that at this period any hope, if
such had existed that the Topeka constitution would
be recognised by Congress, must have been
Congress had adjourned the Sd March previous having
the legal existence of the territorial legislature in
variety of forms which need not enumerate. Indeed
the delegate elected the House of Representatives under
territorial law had been admitted his seat and had just
completed his term of service on the day previous to ia
auguratOn
This was the proptious moment for settling all difficulties
in Kansas This the time for abandoning the revolu
tonary Topeka organization and for the enemies of the
sting to conform to the laws and to unite with
friends in framing State constitution But this they
fused to do the consequences of their refusal to submit
to lawful authority the election of delegates
yet to be of most dePorab character that
the respect for the laws of the land which so enneny dis
tngushed the of the past generation could be revived
1t disregard and violation of law which have for years
kept the territory of Kansas of almost open rebel
lion against it's government is the spirit which has
produced actual rebellion in Utah. Our only safety consists
in obedience and conformity to law enoqa general spr
against its enforcement prevail this will prove fatal to us
nation We acknowledge no master but the law and
should Loose from its restraints, and every one do
what seemeth good in his our case VIII indeed be
hopeless -. ~
resist the authority Congress- They refuse to vote for
delegates to the convention not because from clrcumsan
ces which need not detail there was an omission to regis
the comparatively few who inhabitants Of
certain counties in Kansas the early spring OF 1851 but
they had at all to
ment of any other constitution than that which they had
pass default but of this result the qualified electors who
refused to vote, can never justly complain.
From this review manifest that the Iecompton
was legally constituted and invested with power to
frame constitution.
yOked in favor of the enemies of law and order in Kansas
But in what manner popular soveregnty to be exercised
hed law? In certain small republics of ancient times the
9Gope aa aSie4e primary meetings passed laws and
impossible Popular sovereignty can be exercised here only
'e @ af pne IN ksns aG the
election of degates is not for them to complain that
| their rights have been violated.
The Kansas convention thus lawfully constituted proceed
ed to frame constitution and having completed their work
finally adjourned the eth day of November last They
did not think proper submit the whole of this constitution
to popular vote but they did submit the question whether
Kansas should be free slave State, to the people
This the question which had convused the Union and
had lighted up the flames of civil Kansas and had
produced dangerous sectional parties throughout the cond
eacy 1t of character paramount respect the
condition of Kansas to rvet the anxious attention of the
people of the whole country upon it. and alone No per
thought of any other question For part when
instructed Governor Walker in general terms, in favor
except the aabsorbng question of slavery In what
the people of Kansas might regulate their other
fact the general provisions of recent State constitutions
after experience of eighty years. similar and
celent that would be Difficult far wrong at the pre-
sent day in framing a new constitution.
then believed, and still believe that under the organic
the Kansas convention bound to submit this all
important question of slavery to the people 1t
however, my opinion that independently of this act they
tuition to popular Vote in order to give it validity Had
entertained such opinion this would have been oppo
son to many precedents in history commencing in the
very best age of the republic 1t would have been in oppo
sOn to the principle which pervades Institutions and
have the right to delegate to chosen by
themselves their sovereign to frame constitutions
requiring that these should be subjected to their subsequent
appreciation would be most inconvenent limitation OF
PHsn from he in
la m eK think bn Is true ha the
yenton to submit the Constitution to popular Vote but
this they have sa one The only remedy
the delegates who framed the Kansas constitution have in
any violated the will of their constituents the peo-
pie always possess the power to change their constitution
or their laws, according to their own pleasure.
The question of slavery submitted to election of
the people of Kansas the 2lst of December last in ODE
dience to the mandate of the constitution. Here again.
fair opportunity was presented to the adheren of the To
peka constitution they were the majority, to decide this
exciting question in their way, and thus restore
to the distracted Territory but they again refused to
exercise their right of popular sovereignty and again suffer
ed the election to pass by default.
heartily rejoice that wiser and better spirit prevailed
among large majority of these people the first Monday
of January and that they did, that day. vote under the
Lecompton constitution for and other State off
member of Congress- and for members of the legsa
tue. This election was warmly contested by the parties
and larger vote poled than at any previous election
in the territory We reasonably hope that the
evolutionary Topeka organization will be speedily and finally
abandoned and this will go the final settlement
of the unhappy differences in Kansas If frauds have been
committed at this election either by both parties
the legislature and the people of Kansas under their con
sttuOn will know how to redress themselves and punish
these deestabe but too common crimes without outside
interference.
Mo nlo bo-a than i in Ioir
and in strict accordance with the organic act framed
stituon and State government have submitted the am
poran question of slavery to the people, and have elected
governor, member to represent them in Congress- mem
bers of the State egssture and other State officers They
now ask admission into the Union under this constitution
which is republican in its FORM 1t is for Congress to decide
whether they will admit reject the State which has thus
been created For my part am decidedly in favor Of
its admission and thus terminating the Kansas question:
This viii carry out the great principle Of
in express language in favor of nonnterventon by Con
gres with slavery in the States Territories leaving he
mestc institutions in their subject only to the
stution of the United states In this manner by local.
whom it Immediately concerned every patriot anxiousy
pected that this question would be banshed from the halls
OF Congress- where has always exered baefu influence
throughout the whole country.
proper that should briefly refer the election held
under an act of the territorial legislature the first Mon
day of January last the Lecompton constitution Th
election held after the Territory had been prepared fo
authority existed in the territorial legislature which cou
possibly destroy its existence change its character
Inc electon Wtcn was peaceably conducted under
sructions, involved strange inconsistency A large
ority of the who voted against the Lecompto
constitution at the very time and place recog
missing its valid existence in the most solemn and authentic
manner by voting under its provisions. have yet recev
ed no Official information OF the result of this election
As question of expediency after the right has been
tanned, it may be wise to reflect upon the benefits t.
and to the whole country which would result from
its immediate admission into the Union well the disaster
which may follow its rejection Domestic peace will be hap
Ply consequence ots admission and that Territory
has hitherto been by dssensons will rapidly increase
population and wealth. and speedily realize the blessings