The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1858-02-04

that at this election the enemies of the Territorial
government did not vote, because they we're then
engaged at Topeka, without the slightest pretext o
| lawful authority, in framing a constitution oi
their own for the purpose of subvertiug the ter
| ritorial government.
In pursuance to this decision of the people 10
favor OF convention, the territorial legislature
| on the z th day Of February 1857, passed an act
| for the election of delegates on the third Monday
OF June. 1857, to frame State constitution This
| law is rs fair in its provisions as any that ever
! passed legislative body for a similar pureose-
The right Of suffrage at this election is clearly and
justly defined. "Every bona fsle inhabitant of the
Territory of Kansas the third Monday of June.
| the day of election. who citizen of the Uni
| ted states above the age of twentyone, and had
resided therein for three months previous TO that
date. was entitled TO vote. In order to avoid all
| interference from nsighboring States or Terrific
ries with the freedom and fairness of the election
provision was made for the registry of the Quali-
He'd votvrs and, In pursuance thereof, nine thous-
| aud two hundred and fifty-obe voters were regis
| tered. Governor Walker did his whole duty in ur-
ging all the qualified citizens of Kansas to vote at
| this election. In his inaugural address on the
18th May last, he Informed them that 'Eunder our
| practice the preliminary act of framing q State
| constitution is uniformly performed through the
Instrumentality Of a convention of delegates cho
| sen by the people themselves. That convention is
| now about to be elected by you under the call of
the territorial legislature, created aud still recog
| Dised by the authority of Congress, and clothed
| by It, IN the comprehensive language of the or
| idNs VIII iuii power TO MAKE SuCD an enact
nent The territorial legislature, by the. act of
Congress, aud the authority of the convention is
distinctly recognised in my instructions from the
| President of the United States"
| The Governor also clearly and distinctly warn
| them what would he the consequences If they
| should not participate in the election "The peo-
pie OF Kansas, then, he says) are invited by the
| highest authority known to the constitution to
participate, freely and fairly, in the election Of
delegates to frame a constitution and State govern
ment. The law has performed its entire appropri-
| ate function when it extends to the people the
| right Of suffrage, but it cannot compel the per-
| formance of that duty. Throughout our whole
| Union. however, and wherever 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 contingency; aud the ab
| sentees are as much bound under the law and
| constitution, when there is fraud or violence
| by the act of the majority of those who do vote
| as If all had participated in the election. Other
wise, as voting must be voluntary self government
would be impracticable, and monarchy or despot-
| ism would remain as the only alternative
1t may also be observed, that at this period any
hope, If such had existed, that the Topeka const
| tuition would ever be recognized by Congress
must have been abandoned. Congress had ad
| journed on the Cd March previous. having recog
missed the legal existence of the territorial legisla
| ture in Il variety Of forms which need not emu
merate. Indeed, the delegate elected to the House
| OF Representatives, under a territorial law had
been admitted to his seat, and had just completed
| his term of service the day previous to my
| Inauguration.
| This was the propitious moment for settling all
difficulties IN Kansas. This was the time for aban-
doning the revolutionary Topeka organization. and
| Tor the enemies of the existing government to
conform TO the laws, and to unite with its friends
| in framing state constitution. But this they re-
fused to do. and the consequences Of their refusal
to submit to lawful auhority and votes at the cleo
| tlon OF delegates, may yet prove to be of a most
deplorabie character. Would that the respect for
| the laws of the land which so eminenty distin-
he of tha Sf nn,,lH
| revived! 1t is n disregard and violation of law
which have for years kept the territory Of Kansas
| in state OF almost open rebellion against its gov
ernment 1t is the spirit which has produc-
ed actual rebellion in Utah. Cur only safety con
sists in obedience and conformity to law. Should
| general spirit against its enforcement prevail
| this will prove fatal TO nation. We ac-
knowledge no master but the law and should we
cut loose from its restraints and every do what
sesmeth good in his own eyes, our case will indeed
| te hope s3s.
| The enemies of the territorial government de-
termined still to resist the authority of Congress
They refused to vote for delegates to the conven-
ton not because, from circumstances which need
not detail, there was an omission to register the
comparatively few voters who were inhabitants OF
certain counties of Kansas in the early spring OF
| 1851, but because they had determined at all haz
ards to adhere to their revolutionary organization
| and defeat the establishment of any other consti-
tuition than that which they had framed at Topeka
The election therefore, suffered to pass by de-
fault but of this result the qualified electors who
| refused TO vote, can never justly complain.
From this review, it is manifest that the LIE.
| compton convention, according to every princ-
| pie of constitutional law, was legally constftut
ed and was invested with power to frame a cons ii
| 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 country if not
| through the instrumentalty of established law
| ln certain small republics of ancient times the
people did assemble III primary meetings. passed
laws and directed public affairs In our country
this is manifestIy impossible. Popular sovereign
ty 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, ii is not for them to com
| plain that their rights have beon violated.
TEe Kansas convention thus lawfully constitu-
| ted, proceeded to frame a constitution, and, hav-
| ing completed their work, finally adjourned
| the 7th day of November last. They did not think
| proper to submit the whole of this constitution
| TO popular vote; but they did submit the ques-
| ton whether Kansas should be free slave
State to the people. This was the question which
had convulsed the Union aud shaken il to its very
| centre. This was the question which had lighted
| up the flames of civil war in Kansas, and had pro-
| duced dangerous sectional parties throughout the
| confederacy. 1t was OF character 50 paramount
i'll respect to the condition OF Kansas, to riyet
| the anxious attention of the people of the whole
country upon it, and it aloue. No person thought
| of any other question. For my own part when
Instructed Gov. Walker. in general terms, in favor
| of submitting the constitution to the people, had
no object in view except the all lIabsorbing ques-
| tion of slavery. In what manner the people of
| Kansas might regulate their other concerns,
| rot subject which attracted any attention. In
| fact, the general provisions Of recent State
constitutions, after experience of eighty years.
| are similar and excellent, that il would be
difficult go far wrong at the present day in fra
ming new constitution.
! / then believed, and still believe, that, under
| 81 OF fhn 3
| bound to submit Il is all important question of
| slavery to the people. 1t was never, however, my
| opinion that, independently of this act, they
would have been bound TO submit any portion of
the constitution To popular vote. in order to give
it validity. Had | entertained such an opinion,
| this would have been in opposition to many pre-
eedents in our history commencing in the very
| best age OF the republic 1t would have been in
| opposition to the principle which peryades our
| institutions, and which is every day carried out
| into practice, that the people have the right to
delegate to representatives chosen by themselves,
| their sovereign power 10 frame constitutions, en-
| act laws, and perform many other important acts,
without requiring that these should be subjected
| to their subsequent appreciation. 1t would be
| most inconYensnt Limitation of their own power,
imposed by the people upon themselves to ex-
| clude them from exercising their sovereignty in
any lawful manner they think proper. 1t is true
that the people Of Kansas might, if they had
| pleased. have required the convention to submit
the constitution to the popular vote but this they
| have not done. Ine only rtnleuy, therefore, IN
this case is that which exists in all other similar
| cases. Ii the delegates who framed the Kansas
constitution have in any manner violated the will
| of their constituents the people always possess
| the power to change their constitution or their
| laws, according to their own pleasure
The question of slavery was submitted to an
election of the people of Kansas on the list De-
| cember last, in obedience to the mandate of the
| constitution. Here again, fair opportunity was
presented to the adherents of the Topeka constitu
tion il they were the majority, to decide this ex
| citing question .in their own way, and thus re-
store peace to the distracted Territory; but they
| again refused to exercise their right Of popular
sovereignty and again suffered the election to pass
| by default.
| heartily rejoice that wiser and better spirit
prevailed among q large majority oi These people
| on the first Monday of January; and that they did,
L an that dow rnfa nndar the Iacnmnfon conatitu-