The Washington union., 1857-12-02
THE LpcoMProN CONVENTION.

From the general and vague dsnunciations Of the
blackrepublcan press against the action of the To-
peka convention, we appeal TO one two distinct
propositions in its favor.
l. The convention was legally authorized On
this point the testimony ofGov Walker is conclusive.
In his inaugural address he said
Under our practice the preliminary act Of framing a
State constitution Is uniformly performed through the in
srmentaty Of convention of delegates chosen by the
people themselves That convention Is about to be
elected by you under the cali OF the territorial Legislature
created and still recognised by the authority Of Congress
aud clothed by it, ia the comprehensive language of the
organic law with full power to make such enactment
The territorial Legislature then, In assembling this
venton, fully sustained by the act of Congress- and
the authority Of the convention Is distinctly recognised in
my instructions from the President Of the United States
Those who oppose this cannot the alleged ir
regularity Of the territorial Legislature whose laws in
town and city elections in corporate franchises and
all other subjects but slavery they acknowledge by their
votes and acquiescence Ii that Legislature invalid
then wo without law order in Kansas, without
town, city, county organization all legal and judicial
transactions void all titles null and anarchy rcigns
throughout our borders
The people of Kansas then are invited by the high
authority known to the constitution to participate
freely and fairly IN the election Of delegates to frame
constitution and State government The law has per-
formed its entire appropriate function when it extends to
the people the right Of suffrage, but il cannot compel the
however and wherever free government prevails those
who abstain from the exercise of the right of suffrage
thorize those who do vote TO act for them in that cont
gency, and the absentees much bound under the
law and constitution where there is fraud violence
by the act of the majority Of those who do vote al
though all had participated in the election Otherwise
voting must be voluntary selfgovemment would be
impractcable, and monarchy despotsm would remain
as the only alternative.
"You should not console yourselves, my fellow citi-
zens with the reflection that you may by subsequent
vote defeat the ratification Of the constitution Although
anxious to YOU the exercise of that great
constitutional right aud believing that the convention Is
the servant and not the master OF the people, yet have
power to dictate the proceedings of that body
not doubt however, the they will adopt this
subject But why incur the hazard OF the preliminary
formation OF constitution by minority alleged by
you, when majority by their votes could control
the forming of that Instrument
2. The convention was not bound, as matter Of
legal obligation. and independent of all exercise of
its own discretion to submit its entire work to the
tice in this country against such submission
and though there are recent precedents the ether
way yet in the absence of any restraining clause in
the act constituting the convention has always felt
free to submit the constitution not according to
its own judgment, Whether the course of the con
venton in Kansas was wise unwise on any partic-
ular subject is one thing but whether il has COM
mitted an outrageous violation of its legal obliga-
tons is another and very different thing 1t was
bound, undoubtedly, under the Kansas BILL to sub
nit the question of slavery, but the terms of the
Kansas bill required nothing more This was evil
denty the opinion Of Secretary Stanton when he
went to Kansas as acting governor. In his "dddres
to the people Of the Territory dated "Lecompton, April
II, 1851 he said
The especially recognises the territorial
act which provides for assembling convention to form
a constitution with view to making application to Con-
gress for admission State into the Union That act
is regarded presenting the only test of the qualification
of voters for delegates to the convention and all precd
ing repugnant restrictions thereby repealed In this
light the act must be allowed to have provided for full
and fair expression Of the will OF the people through the
delegates who may be chosen to represent them In the
constitutional convention. do not doubt, however
that order to avoid all pretext for resistance TO the
peaceful operation OF this law the convention itself w
in some FORM provide for submitting the great distract
ing question regarding their social institution which has
so long agitaed the people Of Kansas to fair vote Of
all the actual bona fds residents of the Territory, with
every possible security against fraud and violence If
the constitution be thus framed, and the question of diff
ference thus submitted TO the decision of the people,
believe that Kansas will be admitted by Congress without
delay as one OF the sovereign States Of the American
Union and the territorial authorities will be Immediately
withdrawn"
1t was not, it will be seen, the entire constitution
which Governor Stanton mentioned as likely to be
submitted but the adistrdeng question: and if this
was submitted, II believe Che said) athat Kansas
will be admitted without delay The truth is in
all the discussions about submitting the constitution
nobody ever thought of any other question than that
of slavery. This question has been fairly sub
mtted and if any portion Of the Kansas people re-
fuse to vote on it. it is their own fault Why should
they not vote2 Why should not every patriot in
the Union demand Of them to seize the opportunity
offered them, and thus to end useless and danger
ous agitationg If the people vote and the election
is fair and the question Of slavery is determined
cording to the viii of the majority, and then the
State is admitted into the Union, what wrong done
to anybodya How is anybody harmed by this
suit We should like to have the fault-fnders an
EX-PRESIDENT PIERCE.
Quite number Of cur citizens availed themselves
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