Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1858-02-11

the convention Is now about To be elected
by you, under a call of the Territorial Legis.
lature, created, and still recognised by the
authority of Congress and clothed by it, in
the comprehensive language of the organic
law with full power to make such an enact
ment. The Territorial legislature then in
assembling this Convention, were fully sus.
tanned by the act of Congress, and the au-
thority Of the Convention is distinctly recog-
nised in my instructions from the President
of the United States
The Governor also clearly and distinctly
warns them what would be the conseqren-
ces if they did not participate in the elections.
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 frame 4
Constitution and State Government. The
law has performed its entire and appropr-
ate function when it extends to the people
the right of suffrage but it cannot compel
the performance Of that duty throughout the
! whole Union, however, and wherever tree
government prevails, those who abstain from
the exercise of the right Of suffrage author>
ize those who do vote to act for them in that
contingency, and absentees are as much
bound, by the law and Constitution, where
there is no fraud or violence, by the act Of
the malority of those who do vote, rs if all
as voting must be voluntary, self lf-government
would be impracticable, and monarchy or
despotism would remain the only alternative.
1t may also be observed at this period, any
hope, if such had existed, that the Topeka
Constitution would ever be recognised by
| Congress- must have been abandoned. Con-
gress had adjourned on the Sd Of March
previous, having recognised the legal exist
ence of the Territorial Legislature in
variety of forms, which | need not enumer-
ate. Indeed, the delegate elected to the
House of Representatives, under Territorial
law, had been admitted to his seat. and had
first completed his term Of service the day
previous to my Inauguration. This was
propitious moment for settling all the diff
culties in Kansas. This was the time for
abandoning the revolutionary Topeka organ
ization, and for the enemies Of the existing
Government to conform TO the laws and unite
with its friends in framing State Constitu~
ton. But they refused to do, and the con-
sequences Of their refusal to submit to law
full authority, aud vote at tue election of
delegates, may yet prove to be of the most
deplorable character. Would that the re-
spect for the laws of the land, which so
eminently distinguished the men of the past
generation, could be revived. 1t is disre'
gard and violations of the law which have for
years kept the Territory of Kansas in a state
of almost open rebellion against the Govern
ment; it is the same spirit which has pro-
duced actual rebellion in Utah. Our only
safety consists in obedience and conformity
to the law. Should general spirit against
its enforcement prevail, this will prove fatal
to us as O. nation. We acknowledge no
master but the law and should we cut loose
from its restraints, and every one do what
seen,eth good in their own eyes, our case Is
indeed hopeless
The enemies of the Territorial Government
are determined still to resist the authority of
Congress- They refused to vote for delegates
to the Convention, not because, from circum-
stances which | need not detail, there was
| an omission to register comparatively few
voters who were inhabitants of certain coun.
ties in Kansas, in the early spring of 1857,
but because they had predetermined, at all
hazards, to adhere TO their revolutionary
: organization, and defeat the establishment
t of any other Constitution than that which
8 they had framed at Topeka the election,
t therefore, was suffered to pass in default
But of this result the qualified electors who
e refused to vote eau never Justly complain.
t From this review, it is manifest that the
: Lecompton Conqention, according to every
principle of constitutional law, was legally
:, constituted and invested with the power to
: frame Constitution.
e The sacred principle of popular sovereign
7 ty has been invoked liz favor of the enemies
e of law and order in Kansas. But in what
: manner is popular sovereignty to be excr
: cised in this country, if not through the in
a strumentality of established laws. In certain
c small Republics of ancient times people did
= assemble in primary meetings, passed laws
r and directed public affairs. In our country
: this is manifestly impossible. Popular SOW
ha sod npl oil
e the ballot'box, and if people will refuse te
}. exercise it in this manner, as they have done
y in Kansas at the election of delegates, it il
l. not for them to complain that their rights
e have been violated.
d The Kansas Convention, thus lawfully
It constituted, proceeded to frame Constitu
= ton, and, having completed the work finally
If adjourned on the 7th of November last
&c They did not think proper to submit th'
whole of this Constitution to the popular vote
e but did submit the question whether Kansas
II should be a free or slave State to the peo
I, pie. This was the question which had con
n vulsed the Union and shaken its very centre
a This was the question that had lighted tn
n flames of civil war in Kansas, and produces
re dangerous sectional parties throughout tn
Of Confederacy. 1t was of a character so para
" mount, in respect to the condition of Kansa
n as to rivet the anxious attention OF the pee
y pie of the whole country upon it alone. n
he person thought of any other question: Fo
C, my own part, when / instructed Gov. Walk
IS ert in general terms, in favor OF submittn
- the Constitution to the people, had no Ok
M ject in view, except the all-absorbing ques
ne tion Of slavery. In what manner the peopl
o. might regulate their own concerns was nc
cd the subject which attracted any attention.
nd In fact the general provisions of the recer
W. State Constitutions, after an experience
he eighty years, are so similar and exeellen
lis that it would be difficult to 90 so far wronj
at the present day, in framing new Coz
of | st;+,t;on