Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-02-05

to frame State constitution This law is ss fair i
ifs provisions az any that ever passed Iepisls,iv
hody for simllhr purpose The righr nf suffrage II
this election Is clearly and Justly defined "Ev-r
bona tide nhsbitant OF the Territory n Kansas on tr
third Monday of June, the day of the election Win
was citizen OF the United States. above the age q
twenty one and had resided therein for three mon,I
previous TO that date, WIS entitled 10 vots In ord.,
To avoid all interference from neighhorirg States
Territories with the freedom and fairness of the elec
ton, provision was MAIDS for the registry Of The QUA
ned voters; AND, 10 Pursuance thereof nine thoussn'
two hundred and htty one voters we're egistrred.
Governor Walker did his whole duty in urging
the qualified citizens of Kansas to vote 1T this cleo
ton In his inaugural address, the 9th May Iesf
ne intormed the1n that under practice the pre-
lminary act OF framing State constitution il uni
formiy performed through the instrume en,ali:y of
convention of delegates chosen by tho people them
selves. That convention is now about 10 be elected
by you under the call of lhe Territorial Legislature
creatsd and still recognized by the authority of Con
gress, and clothed by il, in ths comprehensive Ian
guage of the o!ganc law, with full power to make
sach an enac'm-nt The Territorial Legislature then
in Assembling this convention, wer. fully sustained
by the act Congress- and the authority of tbs con
vention IL distinctly recognized in my instructions
from the President of the United States" :"
The Governor aso clearly and distinctly warns
them what would be the consequences il they should
not participate in the eisoon "Ths people Of Kan
sas thsn, he says ars invited by thu hast author
iy known 70 the constitution 10 participate freely and
fairly inhe election of Delegates to frame constu
lion and State government. The law has performed
its entire appropriate functions when il extends to the
people the right OF suffrage but il cannot compel the
performance Of that duty. Throughout our whole
Union, however, and wherever frse government pre-.
walls those who abstain from the exercise of the rgh;
of suffrage authorize those who do vote to act for them
in that contingency and the sbssntees ara as much
bound under the law and constitution where there is
no fraud violence, by the act of the majority o
those who do vote if all had participated in the cleo
tion Otherwias, as voting must be voluntary, self
government must be imprac,icable, aud monarchy or
despofi,n would remain as the only alternative"
| 1t may also be observed that at this period any
hope, if such bad existed, that the Topeka constu
ton would ever be recognized by Congress, must
have been abandoned. Congress had adjourned Oh
| the Sd Of March previous, having recognized the
legal existence of the Territorial Legislature in
| variety of forms, which need not enumerate. In.
deed the delegate elected TO the House OF Represen
tstives under territorial law had been admitted
his seat, aud had just completed his term Of service
| on the day previous to my inauguration.
This was the propitous moment for settling al
difficulties 10 Kansas. This was the time for aban
doning the revolutionary Topeka organization anc
for the enemies of the exciting government conform
to the laws, and to unite with it's friends in framing
State constitution But this they refused to do,
the consequences of their refusal to submit to Lawful
authority and vote a. the election of delegates may
yet prove to be of a most deplorabls character
Would that the respect for the laws Of the land
which enineuty distinguished the men of the pas,
generation could be revived II is disregard and
violation of law which have for years kept the Terri
tory Of Ksnsss in state Of almost open rebellion
against its government. 1t ia the spirit which
has produced actual rebellion in Utah. Our only
safety consists in obedience and conformity 20 law
Should general spirit against its enforcement pre-
vail, this will prove fatal to us as nation. We
knowledge master but the lev and should Gu
loose from lts restraints, snd every one do wha
sesmsth good in his own eyes. our case will indeed
be hopeless.
The enemies Of the territorial government deter
ni,:ed still to resist the authority of Congress They
refused 10 vote for delegates TO the convention.
because, from circumstances which need not detail
there omission to register the comparatively
few voters who we're inhabitants Of certain countier
Of ksnsas in the early spring Of 1857 but because
they had predetermined st all hazsrds TO adhere
their revolutionary organization, and defeat the
tabishment Of any other constitution than that which
they had framed at Topeka. The election. s,tbers.
FORE aa-red 10 pass by deaul but of this result the
qualified electors who refused to vote can never just
ly complain.
From this review it is manifest ths Lacompton
Convention, according to every principle Of cons'tu
tional law was legally constituted, and was invested
with power to frame constitution.
The sacred princi pie of popular sovereignty la;
been Invoked III favor Of the enemias OF law and or
dor in kansss. Bu. in what manner is popular sovs
rgnty 10 be exercised ia this country not through
the fundamentally Of established law? In certair
ANAL republic. of ancient rmea The people did assen
BILE IN primary meetings, passed lava and directed
public AFFAIR." In country this i. msnifestly i'm
possible. Popular sovereignty can be exercised here
only through The bslloboI anf if the people vii!
fuse 10 exercise il in this manner, rs they have dom
in Kansas at the election of delegates. it is not for
them to complain that their rights have been violated
Tne RNnass Convention, thUs lawfully constituted
procssded 10 frame a Constitution. and. having com.
pleted their work. fnay adjourned on the 7th day nj
November last. Tney did not think proper 10 suh
nit the whole OF this Constitution to popular voiIi
bat they did submit the question WHISTLER Kan.as
shoud ba free slave State, TO the people. This
was the question which had convulsed the Union and
shaken it to it's very centre. This the question
which had lighted up the flames of civil war in Kan.
ass, and had produced dangerous sectional parties
throughout the confsdsraoy. Ii wss Of character
so paramount n rssprot 10 the condition of Kansas
10 rive the anxious attention of The people of the
whole country upon il, and it alone. No person
| thought OF any other question. For my own part
when / instructed Governor Walker, in general
TERMS in favor of submitting the Constitution to the
people, had object in view except the all absorb
ing question OF slavery. In what manner the people
Of Kansas might regulate their other concerns. was
no, subject which attracted any attention. In fact
the general provisions OF recent State Consttu.
tions, after experience of eighty years. sim
lar and excellent, that Il would be difficult to
far wrong at the present day in framing new Con
suon.
then believed, and still believe that under the
organic act, the Kansas convention were bound Ia
submit this a-mportant question of slavery to tie
people, II was never, however, my opinion that, in
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 precedents in our history, commencing in
the very best aga of the republic IL would have
been in opposition to the principle which pervsd.f
our insutons and which is every day carried out IN
to practice thst the people have ,ha right to delegate
to representatives. chosen by themselves, their sovs
reign power to frame constitutions, enact lava and
perform many other important acts, without qurnc
| hat fhaaa n fhpir
appreciation. Il would be- q most uconvenient lint
tation Of their own power, imposed by the people up
on themsslvss to exclude them from exercising their
sovereignty In any lawful manner they think proper
1t is true that the people Of Kansas might, II
they had pleased have required the convention "a
submit the constitution to u popular vote; bus thls
they have not done The only remedy. therefore, III
this case is that which exists in all other similar
If the delegates who framed the Kansas constitution
have in any manner violated the will OF their cons,
tuent the people always possess the power to change
their constitution or their laws, according to their OWL
| pleasure.
ton of the people of Kansas on the 2lst Decembef
last, in obedience TO the mandate of the constitution.
Here, again. fair opportunity was presented to the
adherens of the Topeka constitution, 1t they were
| the msjority, to decide this exciting question, ''Il
their own way" and thus restore peace to the dis
tracted Territory but they again refused to e1errire
their right of popular sovereignty and again suffer
| cd the election to pass by default.
vailed among large majority Of these people on the
Arst Monday of january; and that they did, on that
day, vote under the Lecompton constitution for a
Governor and other State officers, member of Con
| gress, and for members OF the Legislature. This
election was warmly contested by the parties, and a
larger vote was polled than at any previous election
in the Territory. We may now reasonably hope that
| the revolutionary Topeka organization will he speedi.
ly and fuslly abandoned and this will go far towards
the final settlement Of the unhappy differences in
Kansas If frauds have been committed at this eleo
tion either by one both parties, the legislature
and the people of Kansas, under their constitutions
will know how to redress theDseves and punish tbess
detestable but too common crimes without any ou,
side interference.
The people of Kansa, have, then, " in their o.n
way" and in strict accordance with the organic scr.