Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1858-02-13

clOtlcu Dy II III tue comprehensive language Oi
the organic law with full power to make such
an enactinent. The territorial legislature them
in assembling this convention, were fully sus.
tained by the act of Congress, and the authority
of the convention is distinctly recognized in nv
instructions from the president of the United
States"
The governor also clearly and distinctly in
formed them what would be the consequences
if they did moi 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 Of
delegates to framc constitution" The lelis
lature performed its appropriate function when
it extended to the people the right Of suffrage,
but it could not compel the performance OF that
duty. throughout the whole Union, however,
and wherever a 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, and absentecs are as
much bouud with the law aud constitution where
there is no fraud or violation, BY the act of the
majority Of those who do vote, as if all had par
ticipaicd in the election. Otherwise, as voting
must be voluntary, selfgoyernmcnt would he
impractcablc and monarchy or despotism would
remain as the only alternative.
1t may also he observed that at this period any
stituton woulleyet b. recognized by Co1gress,
must have been Abandoned Congress Lad adj
joutncd on the 3d Of March. after having recog
nized the legal existence OF the territorial lcgis-
laiure in variety Of torus which need not enu-
mcratc. Indeed, the delegate elected TO the
House Of Representatives under "a territorial law
had been admitted TO a seat and had Just com
plctcd his term Of service the day previous to
my Inauguration. This was a pr0pitious mo-
ment for settling all the difficulties Of Kansas -
this the time tor abandoning the revolutionary
Topeka organization, and for the enemies Of the
existing government to conform TO the laws and
unite with is friends in framing a state consli-
tn,ion. Rut this they refused TO DO. and the con-
sequences of their refusal to submit to the law
iul authority and vote at the election for dele
gates, may yet prove to be Of the most deplor-
able character.
Would that the respect for the laws Of the
land which so cmincnily distinguished the men
Of the past generation, could be revived. II is a
disregard aud violation OF law which has for years
kept the territory OF Kansas in a state of almost
open rebellion against its government Its the
same spirit which has produced actual rebellion
in Utah Our only safety consists in obedience
and conformity to the law. Should a general
spirit against It's enforcement prevail. this will
- 80 W - u ',''''' "' -, y =
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,i y: ""' '''' II III ~
Lo,'r",. ,rLo -, - a., .,r.;,"r;I ',a.
o,,,r,,,r, ,..,ad In -, H." a,',hr;,,.
't',''''''' "''e' NM" s' W 'c''s' w a"'"u' ~
gates TO the convention, not because, from cir
eumslanccs which | need not detail, there was
an omission TO register the comparatively few vo-
tiers who were inhabitants OF certain counties in
,i".,I,i l''.".! =, IT..
~ ;ba;r -,ol',.io,,a, "' o., 'u~ ,nd Jn,,a,
,Ga 49, 49,
that which ,h.y had c,,r,ad =, Tnnnk, Tbe
a"',;',,' ,,s ",,u '''"pu ~ h da
,.nl, Ru, of mn. re.ul, ,L, onal;Gnd elcc,or.
refused to vote can never justly complain.
From this review it is manifest that the Lc-
compton convention, according 10 every primer
pie Of constitutional law, was legally constituted
and invested with power to fame constitution
The sacred principle Of popular sovereignty has
been invoked in favor oi the enemies OF law and
ordcr in Kansas, but in wha, manner Is popular
sovereignty to he exercised il this country If not
through the instrumcntalty of established law
In certain small republics of ancient times the
people assembled in primary meetings passed
laws and directed public affairs, but ia our coun-
try this is manitesIy impossible Popular soy
cTel1nty can he exercised here only through the
ballot Lox and If the people viii refuse the ex.
ercise of it IN this manner, as they have done in
Kansas at the election Of dcleuatrs. it is not for
them to complain that ,cir r. .hts have been vio-
lated.
The Kansas conyculon thus lawfully cons,i-
tuted, projected to frame constitution, and
having completed the work finally adjourned on
fthe 7th of November last. They did no, think
proper to submit the whole Of lhis constitution
10 the popular vote. but did submit the question
of whether Kansas should be free or slave state
to the l,eoplc. This was the question which had
conyulsed the Union and shaken il to its very
center This was the question which had leht-
ed the flames of civil war in Kansas. and pro-
duccd dangerous sectional parties throughout the
contederacy 1t was of a character so para
mount in respect 10 the condition of Kansas, as
to iyet the anxious attention of the people OF
the whole country upon it alone. No person
thought of any other question. For nv 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 absorbing question Of slavery. In what man
ner the people of Kansas minht regulate their
other concerns. was not the s.biect which at
tracted nv attention. In fact the general pro.
visions OF the recent state constitutions after an
experience of eighty wears. are so similar and