The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-02-18

ever and wherever free government prevails,
those who abstain from the exercise 81 the night
VI outrage authorize those who do vote to ACT
for them ia that contingency, and sb.entses are
A. much bouna under the Law and constitution.
where there is no fraud OF violence. by the act
of the majority 81 those who do vote ~ " all
had particip ated 10 the election. Otherwise,
a. voting IA ust be voluntary, self government
would be lmpracticsble, and monarchy or des'
potisIn would remain as the only aiternati"s.
/, may also be observed that ut this Pc
riod any hope il such had existed. that the
Topeka Constitution would ever lie recog.
nized by Congress, mast have been aban-
doned. Congress had adjourned on the 81
u March previous, having recognized the
legal existence Of the Territorial Legislature
in a variety oG forms which need not euu-
merate. Indeed, the delegate elected to the
House Of Representatives under a Terrific
rial law had been admitted to seat, ant
had just completed his term Of service the
day previous TO my Inauguration. This was
the propitious moment foe settling all the
difficulties of Kansas. This was the time
for abandoning the revolutionary Topeka
organization, and for the enemies OF the cx-
lgting Government 10 conform to the laws
and unite with its friends in framing State
Consultation. But this they refused to do,
ard the consequences OF their refusal 10 sub
nit 10 the lawful authority and vote al the
election Of delegates may yet prove to be u
the most deporable character. Would that
the respect for the laws Of the land, which
~ eminently distinguished the men Of the
past generation, could be revived IL is u
disregard and violation Of law which has
for years kept the Territory Of Kansas in a
state Of almost open rebellion against its
Goyernmcnt--it is the sains spirl. which
has produced actual rebellion in Utah
Our only safety consists in obedience and
conformity o. the law. Shoald o general
spirit against its enforcement prevail this
will prove fatal to US as . nation.
We acknowledge no muster but law, and
should we cut lovse from its restraints and
every one do what scemeth good ia his own
eyes, our case would indeed be hopeless
The eLcmies Of the Territorial Government
determined still 10 resist the authority Of
Congress. They refused to vote for the
delegates to the Convention, not because
from circumstances which need not detail
there was al omission 10 register the COIN
paratively few voters who were inhabit ants
of certain counties IN KANSAS in the early
spring Of 1891, but because they had deter
mined, ut all hazards, To adhere TO their
revolutionary organization, and defeat the
establishment oi any other Constitution
thsa that which they had framed al Topeka
The election was therefore suffered to pas,
by default. but OF this result the qualified
electors who refused 10 vote can never Justly
complain
trom this review it is manifest that the
l.ccompton Convention, according to every
principle OF conStitut oHa, law, was legally
constituted and invested with power 20 Tram,
Constitution. The sacred principe Of
Popular Sovereignty has b en- Invoked in
favor II the enemies OF Law and Order III
Kansas, but in what manner il Popular
Sovereignty 30 be exercised il this country
II not through the instrumrntality of cstab
lishcd lawy In certain small republics o
ancient times. the people did assemble in
primary meetings. passed laws and directed
public Affairs. In our country this + mani
testify impossible. Popular Sovereignty
can he exercised here only through the bal.
lot, and il the people will refuse the exercise
of IL IN this manner. as they have done in
kans..s at the election Of Delegates, il is mol
tor them to complain that their rights have
been violated
The Kansas Convention thus lawfully
constituted proceeded TO frame Con.titn
ton, and having completed the NO K hnal
adjourned on the eth OF November last
They did no, think proper TO submit thG
whole of this Contribution to the popular
vote bu, did submit the question whether
Kansas should be Free or Slave State "a
the people. This was the question which
had CONFUSED the Union and shaken it 70
the very center Tbl, was the question
which had lighted Tue FAM, OF ,iyil war
in Kansas acd produced dangerous sectional
parties throughout the coniedtracy 1,
was Of character 80 paramount IN respect
90 the condition OF Kansas u 10 rvet The
anxious attention Of the people OF the whole
country upon it alone NoIcrscn thought
~ any other question. For my own part
when Instructed uov. Walker in gcaeral
terms in favor ol admitting the Constitu
ton 60 the pcoplo. had no object in view
except The AL absorbing question Of slavery
In what manuer the people ct kausi,
might regulate their other coaeerns Was not
the suhj,c, which at,racio! ny attention.
la fact, tn general provisions Of rccen,
State Constitutions after an experience oi
eighty wears are 81 similar and excellent
that Il would bc difficult to GO lar wrong at
the present. day IN framing "a new Ionsstu,
ton then believed, and I'll. believe, that
under the organic act, the Kae.as Ccnyeu
ton were bound to submit, this al important
question Of Slavery to the people 1t wa
never my opinion. however that, iadt ycoi
entity OF this act. they would have been
bound h submit any portion Of the Consii.
tuition To popular vote in order 10 give !,
validity. Had sn,ertaind such an
opinion, this woul1 have beyn IN oppo.
sition 10 many pFecciepts in car history
commencing in the very bc>t age OF cur
rpubRc. II would have brcu in oppo-
siiiou TO the principle which }, rvAds our