Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-02-03

Had the whole Lecompton constitution been
submitted to the people, the adherents of this or
ganlzaton would double IS have voted against il,
because, II successful, they would thus have re.
moved an obstacle out Of the way of their own
revolutionary constitution. They would have
zone this, not upon consideration Of the merits
OF tine whole or any part Of the Lecompton con-
sutution, but simply because they have ever re-
sisted the authority Of the Government author
IL. d by Congress, from which it emanated.
such being the unfortunate condition of affairs
the duty of the law abiding people? Were they
silently and patiently to submit to the TOPEKA
usurpation, or edopt the necessary measures TO
establish constitution under the authority OF the
That this law recognized the right Of the peo-
pie of the Territory. without any enabling act
from Congress, to form State constitution Is too
clear for argument. For Cong ress ''to leave the
people Of the Territory perfectly free,' in franz
Ing their constitution, ''to form and regulate
their domestic institutions In their own way,
subject only to the constitution Of the United
States;" and then to saw that they shall not be
p rnitted to proceed and frame a constitution in
their own ay without an express authority from
Congress, appears to be almost a cont, al lotion in
terms itwould be much more plausible to con-
tend that Congress had no power to pass such
enabling act, than to argue that the people Of
a Territory might be kept out of the Union for an
Indefinite period, and until 1t might please Con-
gress to permit them to exercise the right of self
government This would be to adopt not s'ther
own way" but the way which Congress might
prescribe.
1t is impossible that any people could have pro-
ceeded with more regularity in the formation Of
a constitution than the people of Kansas have
done. 1t was necessary, first to ascertain wheth-
e it was the desire of the people to be relieved
from their territorial dependence and establish a
Slate government. For this purpose, the terri
tOrial Legislature. in 1855, passed a law {" for
taking the sense Of the people of this Territory
upon the expediency of calling a convention to
f. IN State constitution" at the general election
to be held in October, 1856 The 90 sense of the
people" was accordingly taken. and they dec-
ded In favor of convention 1t is true that at
this election the enemies Of the territorial gov
eminent did not vo e, because they were then
engaged I Topeka, without the slightest prstext
of lawful authority, in framing constitution of
their own for the purpose of subverting the terri
I'm pursuance of this decision Of the people in
favor of a convention, the territorial Legislature,
on the 9th day of February, 1857, passed an act
for the election of delegates on the third Monday
of June, 1857. to frame State constitution. This
law Is as fair In its provisions any that ever
passed a Legislative body for similar purpose.
The right fsuffrage at this election is clearly and
justly defined. every bona 6de inbabitant OF
the Territ ry of Kansas" on the third Monday Of
June, the day of the election, who was a citizen
of the United States above the age Of twenty one
and had resided therein for three months prev-
Gus to that date, was entitled to vote. In order
to avoid all interference from neighboring States
or Territories with the freedom and fairness Of
the election, provision was made for the registry
OF the qualified voters and in pursuance thereof,
nine thousand two hundred and ffty-one voters
were registered. Governor w alker did his whole
duty in urging all the qualified citizens of Kan
Mas to vote at this election. In his inaugural ad-
dress, on the 9th of May last he informed them
that under our practice the preliminary act of
flaming State constitution Is uniformly per-
formed through the fundamentally of a conven-
ton of delegates chosen by the people them
selves. That convention is about to be
elected by you under the call of the territorial
Legislature, created and still recognized by the
ttNrN f and IotI.
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 distinctly warns
them what would be the consequences IL they
should not particip pate i'm the election ssThs
people Of Kansas, then, The says are invited by
the highest authority known to the constitution
to participate, freely and fairly, in the election Of
delegates to frame a constitution and State gov
eminent. The law has performed its entire APP
prOpriate function when il extends 20 the people
the right Of sutfi age, but ii cannot compel the
performance of that duty. Throughout our 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 the alb
sentees are as much bound, under the law and
constitution, where there is no f. aud 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, selfgovern-
ment would be impracticable, and monarchy or
d -speism would remain as the only alte rnative -
Ii may also be observed, that at this period any
hope. II such had existed d, that the Topeka con-
stitution would ever be recognized by Congress
must have been abandoned. Congress had ad-
journed on the Sd March previous, having recog-
nZed the legal existence of the territorial legis-
lature in a variety of forms which I need not
enumeIate. Indeed the delegate elected to the
House Of Representatives, under territorial law,
had been admitted to his seat. and had just com.
pleted his term Of service on the day previous to
nv Inauguration.
This was the propitious moment for settling
all d fhcultles in Kansas This was the time for
abandoning the revolutionary Topeka organiza-
ton, ana Tor the enemies OF the existing govern
ment TO conform TO the laws, and to unite with
its friends in framing a State constitution But
this they refused To do, and the consequences of
their refusal TO submit 10 lawful authority and
vote at the election Of delegates, may yet prove
that the respect for the laws of the land which
so eminently distinguished the men of the past
generation could be revived 1t is a disregard
and violation of ] " which have for wears kent
the Territory of Kansas in a state of almost open
rebellion against its government IT is the same
spirit which has produced actual rebellion in
Utah. Our only safety consists in obedience and
conformity to law. Should a general spirit
against ts enforcement prevail, this will prove
fatal to us nation. We acknowledge no master
but the law; and should we cut loose from its
IcStlalH'S duu every one 40 what Seencth good
IN bis own eyes, our case will indeed be hone.
less
The enem rs Of the territorial government de-
termined still to resist the authority of Congress
They refused to vote for delegates to the conven-
on'not because, from circumstances which need
not detail, there was omis sion to registe: the
comparatively few voters who were inhabitants
of certain counties Of Kansas In the early spring
OF 1851. but because they had predetermined at
all hazards TO adhere to their revolutionary or
and defeat the establishment of any
other constitution than that which they had
framed at Topeka. The election was there
fore, suffered TO pass by default but Of this re-
suit the qualified electors who refused to vote can
never justly complain.
From this review il is manifest that the Le-
compton convention, according to every princi-
pie OF constitutional law was legally constituted
ana was Invested with power to frame a consti-
t.tion.
The sacred principle of popular sovereignty
has been invoked in favor Of the enemies of law
and order in Kansas. But in what manner il
popular sovereignty to be exercised in this coun-
try, If not through the instrumen tality of estap.
lished law, In certain small republics of ancient
times the people did assemble in primary meet.
lngs, passed laws, and directed public affairs
In our country this is manifestly impossible.
Popular sovereignty can be exercised here only
through the ballot box; and if the people will
refuse to exercise IL In this manner as they have