Arkansas true Democrat., 1858-02-23

ther domestic institutions in their own way.
 subject only to the constitution of the United
 States and then to say that they should not
 be permitted to proceed and frame constiu.
 tioh Tn their own way without an express ali-
 thority from Congress, appears to be almost
 contradiction i'll terms. It would be much more
 plausible to contend that Congress had no power
 to pass such an enabling act, than to argure that
 the people of territory might be kept out of
 the Union for an indefinite period and until it
 might please Congress to permit them to exer-
 else the right of self government This would
 be to adopt not "their own way" but the way
 which Congress nigh prescribe
 1t Is impossible that any people could have
 proceeded with more regularity in the formation of constitution than the people of Kansas have dphe It was necessary, first, to ascertain
 whether 1t was the desire of the people to be relieved from their territorial dependence and establish state government. For this purpose the territorial legislature in 1855 passed law
 for taking the sense of the people of this ter ritory upon the expendency of calling a cou- Vehtlon to form State constitution at the gen eral election 10 he held in October, 1856. The
 sense of the people, was accordingly taken
 and they decided in favor of convention It Is true that at this election the enemies of the territorial government did not vote. because they were then engaged at Topeka without the slightest pretext ot lawful authority, in framing d constitution of their own for the purpose of subverting the territorial government
 In pursuance of this decision of the people in faVor of convention, the territorial legislature on the 27th of February, 1857, passed an act for the election of delegates the third Monday of June, 1857. to frame a State constitution-- This law is fair in its provisions as any that ! ar hoI. fN- ,;,,
 pose. The right of suffrage at this election is clearly and justly defined. Every bona fae inhabtant of the territory of Kansas on the third Monday of June, the day of the election, who was citizen of the United States, above the age of twenty-one, and had resided therein l Tor three months previous to that date was en- titled to vote. In order to avoid all interfer ence from neghborng states or territories with the freedom and fairness of the election, porvi- sion was made for the registry of the qualified voters; and, in pursuance thereof, nine thousand. two hundred and ifty-one voters were regis tered.
 Gov. Wa ker did his whole duty in urging all the qualified citizens of Kansas to vote at this election. In his inaugural address, on the 27th May last, he informed them that "under our practice the preliminary act of framing state constitution Is uniformly performed through the 0 chosen by the people themselves That con- ventlon Is now about to be elected by you under the call of the territorial legislature created and stil recognized by the authority of Congress- and clothed by 1t, in the comprehensive l.rl- Suage Of the organic law, with full power to make such an enactment The territorial le gis- lature, then, in assembling this convention, were fuliy sustained by the act of Congress and the authority of the convention is distinctly recog- nlzcd m my instructions from the President of the United States"
 The Governor also clearly and distinctly warns then what would be the conseouence if they should not participate in the election.-- " The people of Kansas, then" he says, "are invited by the highest authority known to the constitution to participate freely and fairly in the election ot delegates to frame constitution and state government. The law has performed It's entire appropriate functions when it extends to the people the right of suffrage but it cannot compel the performance of that duty. Through out our whole Union, however, whenever free government prevails, those who abstain from the exercise of the right of suffrage authorize those who do vote to act for them in that con- urgency; and the absentees are as much bound under the law and constitution, where there IS no fraud or violence, by the act of the majority oi those who do vote as if all had participated m the election. Otherwise, as voting must be voluntary, sell government must be impractical bie, and monarchy or despotism would remain as the only alternative"
 It may also be observed that at this period any hope, if such had existed, hat the Topeka constitution would ever be recognized by Con gress, must have been abandoned. Congress had adjourned the Sd of March previous, having recognized the legal existence of the territorial legislature in variety of forms which need not enumerate. Indeed, the delegate elected to the House of Representatives undera territorial law had been admitted to his seat. and had just completed his term of service on the day previous to my inauguration.
 This was the propitious moment for settling all difficulties in Kansas. This was the time for abandoning the revolutionary Topeka organi- zatlon, and for the enemies of the existing gov- ernment to conform to the laws and to unite with Its friends in framing State constitution. But this they refuse to do, and the consequcn- ceS Of their refusal to submit to lawful authority and vote at the election of delegates may vet prove to be of most deplorable character.-- Would that the respect for the laws of the land which emiuently distinguished the men of the past generation could be revivell It Is disregard and violation of law which have for years kept the territory of Kansas in state Of almost open rebellion against it's government. It Is the same spirit which has produced actual rebellion in Utah. Our only safety consists in obedience and conformity to law Should general spirit against its enforcement prevail. this will prove fatal to us as a nation. We ac. knowledge no master but the law; and should we cut loose from its restraint, aud every one do what seemcth good in his own eyes, our case will indeed be hopeless
 The enemies of the territorial government determined still to resist the authority of Con gresS. They refused to vote for delegates to the convention not because from circumstances whic'. l need not detail, there was an omission to register the comparatively few voters who were inhabitants of certain counties of Kansas l in the early spring of 1857, but because they had predetermncd at all hazards to adhere to their revolutionary organization and defeat the establishment of any other constitution than | that which they had framed at Topeka The | election was therefore suffered to pass by default but of this result the qualified electors who re- fused to vote can never justly complain.
 From this review 1t is manifest that the Le- compton convention, according to every princi- pie of constitutional law, was legally constituted. and was invested with power to frame consti- tuition.
 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 coun- try, if not through the instrumentaitv of estab- lished law? In certain small republics of an- cient times the people did assemble in primary meetings, passed laws aud directed public affairs In our country this is mauilestly mpossibIe- 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, thns lawfully consti- tuted, 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 con- stltutlon to popular vote; but they did submit the oupstion whether Karsas sho,,ld ho n rrao