Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1858-02-11
NUMBER s..


pie Were they silently and patiently
to submit to the Topeka usurpation, or
to adopt the necessary measure to estab
lish constitution under the authority
of the organic law cf Congress That
this rec ognized the right of the people
of the Territory, without an enabling
act of Congress, to form a State Consti-
tuition, is too clear for argument. For
Congress ''to leave the people of the
Territory perfectly free in framing
their Constitution, ''to form and regu-
late their domestic institutions in their
own way, subject only to the Constitu-
ton of the United Stateso' and then to
say that they shall not be permitted to
proceed and frame the Constitution in
their own way, without express authori-
ty from Congress, appears to be almost
contradiction of terms
1t would be much more plausible to
contend that Congress had no power to
pass such an enabling act, than to argue
that the people of Territory might be
kept out of the Union for an indefinite
period, and until it might please Con.
gress to permit them to exercise the
right of governments This would
be to adopt, not their oi4 Eay, but the
way which Congress mi prescribe--
1t is impossible that any people could
have proceeded with more regularity in
the formation of Constitution than the
people of Kansas have done. 1t was
necessary first; to ascertain whether it
was the desire of the people to be relieved
from Territorial dependence, and estab-
lish State government. For this pur-
pose the Territorial Legislature in 1858
passed law for taking the sense of tho
people of the Territory upon the expe-
diency of calling Convention to form a
State Constitution At the general cleo
ton to be held in October, 1856, the
''seuse of the people" was accordingly
taken, and they decided in favor of u
Constitution.
1t is true that at this election the en-
emies of the Territorial government did
not vote, because they were then engaged
at Topeka, without the slightest pretext
of lawful authority, in framing a consti-
tuition of their own for subverting the
Territorial government. In pursuance
of this decision of the people in favor of
the Convention, the Territorial Legisla-
ture on the 9th of February, 1857,
passed an act for the election of dele
gates, on the third Monday of June,
1857, to frame a State Constitution
This law is as fair in its provisions as
any that ever passed a-legislative body
for a similar purpose. The right of
suffrage at this election is clearly and
justly defined. Every bona fde citizen
of the United States above the age of
twenty one, and who had resided therein
for three months previous to that date, was
entitled to a vote. In order to avoid all
interference from neiehboring States and
Territosies with the freedom and fair
ness of the election, a provision was
made for the registry of qualified voters,
and pursuant thereof nine thousand two
hundred and fifty one voters were regis
tered,
Governor Walker did his whole duty
in urging all qualified citizens of Kan
sas to vote at this election. In his In
augural Address, on the 9th of MAY,
he Informed them that, under our prac-
tice the preliminary act of framing a
State Constitution is uniformly perform
ed through the instrumentality of Con-
vention of Delegates chosen by the peo-
pie themselves, That Convention is
now about to be elected by you, under
the call of the Territorial Legislature,
created and still recognized by the au-
thority 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 this
Convention, were fully sustained by the
act of Congress, and the authority of the
Convention is distinctly recognized in
my instructions from the President of
the United States"
The Governor also clearly and dis
tinctly informs them what would be tho
consequence if they did not participate
in the election. The people of Kansas,
then, he says, care invited By the high
: est authority known to the Constitution
to participate freely and fairly in the
election of the delegates to frame Com
stitution and State government. The
7 law has performed its entire appropriate
J function, when it extends to the people
E the right of suffrage but it cannot COM
t pei the performance of that duty
7 throughout the whole Union, however,
and wherever free government prevails,
f those who abstain from the exercise of
Y the right of suffrage authorize those who
= do vote to act for them in that contin-
g gency, and absentees are as much bound
under the law and Constitution, where
there is no fraud or violence, by the act
7 of the majority of those who do vote. as
7 if all had participated in the election
: Otherwise. as voting must be voluntary,
self government would be impracticable,
and monarchy or despotism would re-
main as the only alternative It NAV
also be observed that at this period any
hope, if such had existed, that the To-
: peka Constitution would ever be recog-
e nized by Congress, must have been
: abandoned. Congress had adjourned
on the third day Of March previous, h ~
e ing recogn zed the les al existence of the
: Territorial Legislature in variety ol
e forms, which [ need eunm, tie
II Indeed the Delegate elected to the
House of Representatives under a Ter
rltorIal law, had been admitted to a seat
n a nj hail 80