Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1858-02-16
WHOLE NUMBER 5lS'

government. In pursuance OF this decision
Of the people in favor of the convention.
the Territorial Legislature, on the eth
OF February, 1857, passed an act for the
election OF delegates on the third Monday
OF June, 1857, to frame a State copslitu-
ton.
This law is rs fair in It's provisions rs
any that ever passed a Legislative body
for similar purposes. The right of sui-
fragc at this election is clearly and Justly
defined. Every bona .Jfae citizen of tho
United States, above the age of twenty one,
and who had resided therein for threo
months previous to that date wac entitled
to a vote. In order to avoid all interfer-
ence from neighboring States and Terrific
ries with the freedom and fairness Of tho
election, provision was made for tho
registry OF qualified voters, and pursuant
thereof nine thousand two hundred and
hfty-one voters were registered. Cover
nor Walker did his whole duty in urging
all qualified citizens Of Kansas 10 vote az
this election.
In his inaugural address on the eth of
May he informed them that
"Under OAR practice the preliminary
act of framing a State constitution is uni
tormiy performed through the instrument
tality OF a convention OF delegates chosen
by the people themselves. That conven-
ton is now about to be elected by YOU un-
der the call of the Territorial Legislature.
created and still recognized by the author.
lty OF Congress, and clothed by it in the
comprehensive language of the organic
law, with full power to make such m en-
actment. The Territorial Legislature,
then, IN assembling this convention were
fully sustained by the Act of Congress,
and tho authority of the Convention is
distinctly recognized IN my instructions
from the President of the United States"
The Governor also clearly and distinctly
informs them what would be the conse-
qucnce if they did not participate in tho
election. The people of Kansas, then, he
says ''are invited by the highest author
lty known to the constitution to participate
freely and fairly in the election of dele
gates TO frame constitution and State gov
eminent" The law has performed It's en-
tire appropriate function when il extends
to tie people the right Of suffrage, but it
cannot compel the performance of tina.
duty. -.
Throughout the 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:
and absentees are as much bound under
the law and constitution, where there is
no 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 despotsm would remain as
the only alternative.
1t may also be observed that at this pe-
riod any hopes, if such had existed, that
the Topeka Constitution would ever be-
recognized by Congress must have been
abandoned. Congress had adjourned on
the Sd of March previous, having recog-
nized the legal existence of the Terrific
rial Legislature in n variety of forms.
which l need not enumerate Indeed, the
delegate elected to the House of Repre-
sentatives undera Territorial law had been
admitted to seat and had just completed
his term of service the dayprevious to my
inauguration.
This was the proptious moment for set
tling all the difficulties of Kansas-ths
the time for abandoning the revolutionary
Topeka organization, and for the enemies
OF the existing government to conform to
the laws and unite with its friends in franz
ing State constitution. But this they
refused to do, and the consequences OF
their refusal to submit to tie lawful au-
thorlty and vote at the election for dele
gates, may yet prove to be Of the most
deplorable character. Would that the
respect for the laws Of the land which so
eminentIy distinguished the men of tho
past generation could be revived. 1t is II
disregard and violation of law which has
for years kept the Territory of Kansas in
state of almost open rebellion against lis
government; it is the same spirit which has
produced actual rebellion in Utah. Our
only safety consists in obedience and con-
formity to the law. Should general
spirit against its enforcement prevail, this
will prove fatal to us rs nation. We
acknowledge no master but law, and should
we cut loose from its restraints and every
one do what seemeth good in his own eyes,
our case would indeed be hopeless. Tho
enemies of Territorial government de-
termined still to resist the authority OF
Congress. They refused TO vote for tho
delegates to the Convention. not becaus,
from circumstances which need not de-
tail, there was an omission to register ,h4
comparatively Jew voters who were infal-
itants of certain counties in Kanzas in th=
early spring of 1857, but because they
determined at all hazards to adhere to their
revolutionary organization, and defeat the
of any other constitution
than that which they had framed at To-
peka The election was, therefore, suf-
fered to pass by default but of this re-
suit the qualified electors who refused l."
vote can never justly complain. From
this review it is manifest that the Lecomp-
ton Conventions. according to every prin-
cipIe of constitutional law, was legally