Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1858-02-06

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 u
nted States" The Governor also clearly
and distinctly warns them what would be
the consequences if they did not participate
in the election. "Thc people of Kansas,
then" he says are invited by the highest
authority known to the Constitution to par
ticipate freely and fairly in the election OF
delegates to frame Constitution and State
Government. The law has performed its
entire and appropriate function when it
extends to the people the right of suffrage,
but it cannot compel their performance OF
that duty. Throughout the whole Union,
h wever, and wherever free government
prevails, those who abstain from the excr-
else of the right of suffrage, authorize those
who do vote, to act for them in that con-
tiogency, and absentees are as much bound
by the law and the Constitution, where
there is no fraud or violence, by the act of
the majority oil those who do not vote, as if
all had participated in the election. Other.
wise, as voting must be voluntary, self
government would be impracticable, and
monarchy and despotism would remain as
the only alternative" 1t may also be oh.
served that at this period, any hope if such
had existed, that the Topeka Constitution
would ever be Recognized by Congress
must have been abandoned. Congress had
adjourned on the third 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
Representatives under a Territorial law,
had been admitted to his seat and had just
completed his term of service he day pre-
vi us to my inaugur ton. his was a
propitious moment for settling all the diff.
cul les in Kansas. This was the time for
abandoning the Revolutionary Topeka or
ganzatiou, and for the enemies of the ex.
istng government to conform to the laws
and unite with its friends in framing
State Constitution. But this they refused
to do, and the consequences of their refu-
sal to submit to lawful authority, and vote
at the election of de egates, may ct prove
to be of the most depiorable character.-
Would the respect for the laws of the land,
which so emnenily distinguished the men
Of the past generation, could be revived
1t is disregard and violation of the laws
which have for years kept the Territory of
Kansas in state Of almost open rebellion
against he Government it is the same
spirit which has produced actual REBEL on
in Utah. Our only safety consits in ODE
dience and conformity to the law. Should
general spirit against its enforcement
prevail, this will prove fatal to us as ma
ton, We acknowledge no master but the
law, And should we cut loose from its
restraints, and every one do what secmeth
good in their own eyes, our case is indeed
hopeless.
The enemies Of the Territorial Govern.
ment are determined still to resist the au-
thority of Congress. They refused to vote
for delegates to the Convention, NOT be
cause, from circumstances which need not
detail, there was an omission to register
comparatively few voters who were inhabi-
tants OF certain counties in Kansas, in the
early spring Of S57,--but because they
had predetermined at all hazards, to adj
here to their revolutionary organization,
and defeat the establishment of any other
Constitution than that which they had
framed at Topeka. The election, therefore
was suffered to pass in default. But of
this result the qualified electors, who relu-
scd to vote, can never justly complain.
| From this review, it is manifest that the
Lccompton Convention, according to every
principle OF Constitutional law, was legally
constituted, and invested with the power
to frame Constitution.
The sacred principle Of popular sovcr-
eighty has been invoked in favor of the
enc Lies of law and order in Kansas. But
in what manner is popular sovereignty to
be exercised in this country, if not through
the instrumcnlality of cstab ished laws
In certain small republics of ancient times
people did assemble in primary meetings
passed laws, and directed public affairs
In our country, this is manifcctly impossi
sible. Popular sovereignty can be exer,
ci>ed here only through the ballot-box, and
if people will refuse to exercise it, in thi:
manner, as they have done in Kansas a
the election of delegates it is not for then
t, complain that their rights have beer
violated
The Kansas Convention, thus lawfully
constituted, proceeded to frame Consti
tuition, and having completed the work
finally adjourned on the Seventeenth O.
November last. They did not think prop
er to submit the whole Of this Constitution
to the popular vote, but did submit the
question, whether Kansas should be Free
or Slave State, to the people. This wa,
the question which h ID lighted tile flames
of civil war in Kansas, and produced dan
gerous sectional parties throughout tht
Conlederacy. 1t was of a character so par
amount in respect to the condition of Kan
sas, as to rivet the anxious attention o
the people of the whole country upon i
alone. No person thought of any othe
question, For my own part, when in
struc,ed Governor Walker in genera
U terms. in favor of sutmittinu the Coustitu