Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1858-02-11

of a constitution than the people of Kansas have
done. 1t was necessary, first, t oascertain whsth-
er it was the desire of the people to be relieved
from their territorial dependence and establish
a State government. For this purpose the Terri
torial Legislature in 1855 passed a law "for ia
king the sense of the people of this Territory
upon the expediency of calling a convention to
form a State constitution" at the general cleo
tion to be held in October. 1856. The "sense of
the people was accordingly taken, and they
decided IN favor of a convention. II is tue that
at this election the enemies OF the territoriaI
government did not VOTE. because thev were
then engaged at Topeka, without the slightest
preteXt Of lawful authority. in framing a con-
stitu,ion of their own for the purpose of subver-
ting he territorial government.
In pursuance of this decision Of the people in
favor OF a convention. the Territorial Legislature.
On the 9th day Of February, 1S5 passed an act
for the election of delegates on the third MONDAY
Of June. 1891, to flame a State constitution
This law is rs fair in its provisions as any that
ever passed q legislative body for a similar pur-
pose. The right of suffrage ut this election is
clearly and justly defined. Every bona fde in
habitant of the Territory of Kansas on the
bird Monday Of June. the dar of the election,
who was a citizen of the United States. above the
age of twenty one. and hal resided therein for
three months previous TO that date. was entitled
to vote. In order to avoid all interference from
neighhoripg States or Territories with the free
dom and fairness of the election. provision WIS
made for the registry Of the qualified voter:
AMI. IN pursuance thereof, nine thousand tw"
hundred and fifty one voters were registered
Governor Walker dill his whole duty in urcirg
all the qualified citizens of Kansas to vote at This
election. In his inaugural address on the 18th
May last, he Informed them that "under our
practice the preliminary act Of framing a State
constitution is uniformly performed through the
InStrumentalitv of q convention Of delegates rho
-, - -. Tl-.
il now about 20 be elected by You undtr the call
Of the Territorial Legislature, created and still
recognized by the authority of Congress, and
clothed by it, in the comprehensive language
of the organic law. with full power to make such
an enactment. The Territorial Legislature, then
in assembling the conventions; were fully sus,
tanned by the act of Congress, and the aurhori-
~ OF the convention is distinctly recognized in
my instructions from the President of the Uni
ted States"
The Governor also clearly and distinctly warns
them what would be the consequences if they
should not participate in the election. The
! people of Kansas, then" he saws, 'are invited
by the highest authority knnIn TO the constitu
tion to participate freely and fairly in the elec-
tion of delegates to frame a constit ution ant
State government. The law has performed IT.
entire appropriate functions when it extends Il
tn people the right Of suffrage, but it cannot
compel the performance OF that duty. Through
ont our whole Union, however, and wherever irei
government prevails, those who abstain from
the exercise of the right of suffrage authorize
those who 10 vnte TO act for them in that contin
| Cencv; and the absentees are as much bound
! under the law anal constitution. where there is N
frau. or violence, by the act of the majority o
those who do vote rs i: all had participated Ia
the election. Otherwise, as voting must b'
voluntary. self government must he Impractical
be. and monarchy or deSpOiism Guild RENAL
Is the only alternate"
1t NAV also be observed that at this period any
hone. if such had existed that the Topeka con
s~titution would ever be recognized 10y Cor gres
must have been Abandoned. Congress had al
iourned IN the 81 of March previous, having re
/ cognized the legal existence of the Territorial
I Legislature in Il variety Of for1nS. which | nee'
not enumerate. Indeed, the delegate elected L
the House of Representatives under a territorial
las had been admitted to his seat, and had jus
completed his term of service ON the day previ
Gus tC my inauguration.
This was the prnpiti"us moment for ~settiin:
all difficulties in Kansas. This was the time 10
abandoning the revolutionary Topeka orEaniza
ton. and for the enemies al the existing govern
ment 10 confirm to the laws, and to unite viii
its friends in framing a State constitution. Bn
this thew refused to dn, and the consequences q
their refusal to submit to lawful authority an
vote ut the election of delegates may yet prove t
b. nf a most d, piorahlc character. Would tina
the respect for tine laws ofthe laud which 50 EN-
ineniiy distinguished tie ms of the past g'ner
alton couid be revived! 1t is a disregard and vi
olation of law which have for years kept tn
I Territory Of Kansas in a state Of almost open re
bvliiou against It's government. 1t Is thu sam
spirit which has produced actual rebellion l
Utah. Our Ollvsaiety crusists in obedience an
conformity to law. Should a general spir'
against lis enforcement prevail, this will prov
fatal 20 us as a naiiGn. We acknO Wedge no mas
2 -, LIT .ha I,y. I. " sbnuli W.. rut lrtSa frunl !,
restrainst, and every one do what scemeth GOO
in his own ewes, our ease will indeed be hopele-:
The enemies Of the territorial government de
termjned Still to resist the authority of Congress
They refused To vote for Delegates to the eonven
ton not because, from clrcnInsti hceS which
need not detail, there wa, an omission 10 regI>t"
the comparatively lew voters who were inhabi
tants ui certain counties OF Kansas N the earl
Surinr OF 1897. bIt BECAUSE they hal prcdc'er
mined at ali hazards 10 adhere to their revolution
! aiy organizations. and defeat the es;ab!i>hmei
of sns other constitution than that which the
had framed al Topeka. the election WIS, there
fore, suffered to pass b. default; but at tbs rt
sulr the Qualified electors wha refused TO vote ca
never justly complain.
From this review it is manifest that the Ii
compton convention, according to every Prinrl
pie Of Unconstitutional law. wa legally const.tu'e'
and was invested with power 10 frame a coIstit'
tiOn.
ne SltIti - tlstNl l"l'""l 49, H
been invoked in favor of the enemies Of law an
order in Knnsas. But in what manner is p"pu
Jar sovereignty to be exercised III tins country
if not through the instrGmeatali;y of cstablishe
law? In certain small republics of ancient tim,
the people did assemble in primary meeting
PASSED laws and directed puulIc affairs. In OF
coun.rv this is manifeStly impossible P1puia
sovereignty can be exercised here only thrOTg
the ballot box, and ii the people will refuse
; exercise it in this manner, is they have done I
r Kansas at the election OF delegates, II Is not Il
them to complain that their rights have beva u
Olated.
The Kansas convention. thus lawfully ~cnnstitu
ted. proceeded to frame a constitution, and, Ia!
ing COMPLETED :h-ir work, finally adjourned q
the Tth day "i November last. They did IL
thisk proper to submit thu whole of this eonSti
tuition to q popuI rvctc: but they did submit til
: question whether Kansas should be Il Tree E
! Slave State to the people. This was the fles;!o
which had cuuvui>ei the Union and shaken it
It's VERY centre. This was the question whic
had lighted up the flames of civil war in kansa
anl hal produced dangerous sectional parti,
= throughout the con.eirracy- Il was of a chsra'
ter 81 paramount to the con'lition of Kansas, :
to riyrt the arxinuS ait n;ipn Of The !'cnpie .; ii
vhC.o culatrv uNnn il, and il lone. Ne pcrS"
, = Thought Of any c.h"r question. For my ow
part, when | instructed Governor Walker, IN ger
eral terms. in favor OF submitting the cOn>t'tr
= tiun To- Tine people. / liai oig'cl III view excel
the all absorbing question Of slavery. In VIII;
manner the people Of Kansas might regula'
the;! other concerns WAS not Il subject which a
tr,cted anv attention. In Tlct. the general pr,
Visions Of oar recent State cons; itutiOns, after 4
experience ofeighty years. are 50 similar and
excellent, that it wnuli be difficult to 60 f,
wrong at the prcsem; dav in framing a new cor
stiiuiiun.
| then believed, and still believe, that und,
> the orsluic act the Kansas convention wei
bound IL submit this all important question
slavery to the people. 1t was never. h"wrve
my opinion tlIat Independently of this act the
:, would have been bound To submit any porto
OF the constitution 10 Il popular vote in order
:. give il validity. Had | entertained such 4
: nrinion this w"uld have been in nppnsition
MANY prccesicrtS n our history. commencing
the vary best age Of the rergblic. 1t woui
have been in opposition To the principle while
n.ryadrs our institutions. and which Is ever
day carried nut INTO practice, that the people har
3, the right &, delegate t" representatives, chose
lev themselves. their sovereign power to fran
constitutions, enuct laws. aud perform many OFT