principle of constitutional law, was legally constituted and
was invested with power to frame a constitution.

The sacred principle of popular sovereignty has been invoked in favor
of the enemies of law and order in Kansas. But in what manner is
popular sovereignty to be exercised in this country if not through
the instrumentality of established law? In certain small republics
of ancient times the people did assemble in primary meetings, passed
laws, and directed public affairs. In our country this is manifestly
impossible. Popular sovereignty can be exercised here only through the
ballot box; and if the people will refuse to exercise it in this manner,
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
constitution, and, having completed their work, finally adjourned on the
7th day of November 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 a free or a 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 up the flames of civil
war in Kansas and had produced dangerous sectional parties throughout
the Confederacy. It was of a character so paramount in respect to the
condition of Kansas 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 I instructed Governor Walker in general
terms in favor of submitting the constitution 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 concerns was not
a subject which attracted any attention. In fact, the general provisions
of our recent State constitutions, after an experience of eight years,
are so similar and so excellent that it would be difficult to go far
wrong at the present day in framing a new constitution.

I then believed and still believe that under the organic act the Kansas
convention were bound to submit this all-important question of slavery
to the people. It was never, however, my opinion that, independently
of this act, they would have been bound to submit any portion of the
constitution to a popular vote in order to give it va