The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1857-12-29

I
| ly one-half the counties of the Territory
were disfranchised. and, (by no fault of
! theirs did not and could not give single
vote at the election for delegates to the con-
vention
have heretofore discussed this subject
mainly on the question that the Conventions
are not sovereign, and cannot rightfully
make State Constitution without submits
| sion to the vote of the people for ratifca-
tian or rejection; yet surely even those who
differ with me ON this point must concede,
! especially under the Kansas Nebraska bill,
it is only such Conventions can be called
sovereign as have been truly elected by the
people and represent their will. On refer
ence, however, to my address of the 10th
September last, on the tax qualification
question: copy of which was immediate
ly transmitted to you for the information of
the President and Cabinet--it is evident
that the Lecompton Convention was not
such body. That Convention had vital,
not technical, defects in the very substance
of it's organization under the Territorial law,
which could only be cured, in my judg
ment, as set forth in my Inaugural and 9TH
er addresses, by the submission of the Consti-
tuition for ratification or rejection by the
people. On reference to the Territorial
law under which the Convention was assem-
bled, thirty -four regularly organized coun-
ties were named as election districts for
| delegates to the Convention. In each and
| all of these counties, it was required by law
that a census should be taken and the vo-
tiers registered; and when this was compile
ted, the delegates to the Convention should
be apportioned accordingly. In nineteen of
| these counties there was no census, and
therefore there could be no such apportion-
ment there of delegates based upon such
census. And in fifteen of these counties
there was no registry of voters. These ff-
teen counties, including many of the oldest
organized counties Of the Territory, were
entirely DISTINGUISHED, and (by no fault of
their own,) could not give solitary vote
for delegates to the convention. This re-
suit was superinduced by the fact, that
the Territorial Legislature appointed all the
sheriffs and probate judges in all these coun-
ties to whom was assigned the duty by
law of making this census and registry.
These officers were political partisans, dis
senting from the views and opinions of the
people of these counties, as proved by the
election in October last. These officers
from want of funds, as they allege, neglect
ed or refused to take any census or make
any register in these counties, and there
fore they were entirely DISTINGUISHED, and
could not and did not give a single vote at
the election for delegates to the Constitu-
tional Convention. And here / wish to call
pear in my Inaugural address, in reference
to those counties where those voters were
fairly registered and did not vote. In such
cUuntiNa, ~h-r- q full --,l Zee opportunity
was given to register and vote, and they
did not choose to exercise that privilege,
the question is very different from those
counties where there was no census or reg
istry, and no voterwas given or could oe
given, however anxious the people might
be to participate in the election of delegates
to the convention. Nor could it be said
these counties acquiesced, for wherever
| they endeavored by subsequent census or
registry of their own to supply this defect
occasoned by the previous neglect of the
Territorial officers, the delegates thus cho-
sen were rejected by the Convention. 1 re-
peat, that in nineteen counties out of thir-
| ty-four, there was no census. In fifteen
counties out of thirty-four there was no
registry, and not solitary vote was gwen,
or could be given for delegates to the Con
ventisn in any one of these counties. Sure
| ly, then, it cannot be said that such a
| Convention, chosen by scarcely more than
| one tenth of the present voters of Kansas,
represented the people of that Territory,
and could rightfully impose a Constitution
upon them without their consent. These
| nineteen counties in which there was no
census, constituted majority of the coun-
ties of the Territory, and these fifteen coun-
| ties in which there was no registry gave a
much larger vote at the October election,
even with the six months qualification, than
the whole vote given to the delegates who
signed the Lecompton Constitution on the
9TH November last. If, then, sovereignty
can be delegated, and Conventions, as such,
are sovereign, which deny, surely it must
! be only such cases as when such Conven-
tons are chosen by the people, which we
have seen was not the case as regards the
late Lecompton Convention. 1t was for
this, among other reasons, that in my In
augural and other addresses l insisted that
the Constitution should be submitted to the
people by the Convention, as the only
means of curing this vital defect in its or
ganization, 1t was, therefore, among other
reasons, when. as you know, the organiza-
ton of the So called Topeka State Govern
ment, and as consequence an inevitable
civil war and conflict with the troops must
have ensued, these results were prevented
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